South Australian Current Acts

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EVIDENCE ACT 1929 - SECT 71A

71A—Restriction on reporting on sexual offences

        (2)         A person must not, before the relevant time, publish any statement or representation—

            (a)         by which the identity of a person who has been, or is about to be, charged with a sexual offence is revealed; or

            (b)         from which the identity of a person who has been, or is about to be, charged with a sexual offence, might reasonably be inferred,

unless the accused person consents to the publication.

Maximum penalty:

            (a)         in the case of a natural person—$10 000;

            (b)         in the case of a body corporate—$120 000.

        (2a)         A police officer or any other person acting in a public official capacity who is responsible for conducting the criminal investigation in respect of a person who has been, or is about to be, charged with a sexual offence must, before the relevant time, ensure that all reasonable efforts are made to notify the victim about the expiry of the prohibition applying in respect of publication of the accused person's identity under subsection (2).

        (4)         A person must not publish any statement or representation—

            (a)         by which the identity of a person alleged in any legal proceedings to be the victim of a sexual offence is revealed; or

            (b)         from which the identity of a person alleged in any legal proceedings to be the victim of a sexual offence might reasonably be inferred,

unless the judge authorises, or the alleged victim consents to, the publication (but no such authorisation or consent can be given where the alleged victim is a child).

Maximum penalty:

            (a)         in the case of a natural person—$10 000;

            (b)         in the case of a body corporate—$120 000.

        (5)         In this section—

"relevant time", in relation to a charge of an offence, means the time at which the accused person's first appearance in a court (whether personally or by counsel or solicitor) in relation to the charge is concluded.



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