EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1991 - SECT 74 Prohibition of publication of complainant's identity
EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1991 - SECT 74
Prohibition of publication of complainant's identity(1) A person must not publish, in relation to a sexual offence proceeding—
(a) the complainant's name; or
(b) protected identity information about the complainant; or
(c) a reference or allusion that discloses the complainant's identity; or
(d) a reference or allusion from which the complainant's identity might reasonably be worked out.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2) It is a defence to a prosecution for an offence against this section if the person establishes that the complainant consented to the publication before the publication happened.
(3) An offence against this section is a strict liability offence.
(4) In this section:
"protected identity information" means information about, or allowing someone to find out, the private, business or official address, email address or telephone number of a person.