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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Evidence (Suppression Orders) Amendment
Bill 2012
A BILL FOR
An Act to amend the Evidence
Act 1929.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Evidence
Act 1929
4Variation of section 69A—Suppression
orders
5Variation of section 69AB—Expiry and
review of suppression orders
6Variation of section 71A—Restriction on
reporting proceedings relating to sexual offences
Schedule 1—Transitional
provision
1Transitional provision
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Evidence (Suppression Orders) Amendment
Act 2012.
This Act will come into operation 3 months after the day on which it
is assented to by the Governor.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Evidence
Act 1929
4—Variation
of section 69A—Suppression orders
(1) Section 69A(8)(a)—after "copy of the order" insert:
and the reasons for which the order was made
(2) Section 69A(9)—after "copy of the order" insert:
and the reasons for which the order was made
(3) Section 69A(10)(b)—delete "the order in the register" and
substitute:
in the register—
(i) the order; and
(ii) the reasons for which the order was made; and
(4) Section 69A(10)—after paragraph (c) insert:
and
(d) will cause the register to be published on the internet (other than
material contained in the register that must not be published under the terms of
a suppression order).
5—Variation
of section 69AB—Expiry and review of suppression
orders
Section 69AB(4)—after subsection (4) insert:
(5) If, on a review of a suppression order, the court is considering
varying or confirming (rather than revoking) the suppression order, the
court—
(a) must recognise that a primary objective in the administration of
justice is to safeguard the public interest in open justice and the
consequential right of the news media to publish information relating to court
proceedings; and
(b) may only confirm or vary the order if satisfied that special
circumstances exist giving rise to a sufficiently serious threat of prejudice to
the proper administration of justice, or undue hardship, to justify the
continuation of the order in the particular case.
6—Variation
of section 71A—Restriction on reporting proceedings relating to sexual
offences
Section 71A(1), (2) and (5)—delete subsections (1), (2) and
(5)
Schedule 1—Transitional
provision
The amendments made to the Evidence
Act 1929 by this Act apply only in relation to a suppression order
made after the commencement of this clause.