Section 39

The registrar of the Family Justice Courts may publish a list of persons proved to his or her satisfaction, by evidence of general repute or otherwise, to act as touts or unauthorised advisers to suitors or other persons, and may alter and amend the list.

The registrar of the Family Justice Courts may, by general or special order, exclude from the precincts of the Family Justice Courts any person whose name is included in the list, except when that person is a party to or a witness in any proceedings in a Family Justice Court, when he or she is allowed to remain for such time as is necessary.

A person’s name must not be included in the list until he or she has been heard or had an opportunity of being heard against such inclusion.

An appeal lies to a Judge of the Family Division of the High Court in chambers from an order made by the registrar of the Family Justice Courts to include a person’s name in the list.

The decision of the Judge of the Family Division of the High Court is final.

A copy of the list must be kept hung up in the Registry of the Family Justice Courts and must be published in the Gazette.

A person whose name appears in the list of touts under section 73 of the Supreme Court of Judicature Act 1969, or the list of touts under section 62 of the State Courts Act 1970, is deemed to be included in the list under this section, and vice versa.