Women’s Charter 1961 · s 63B

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—(1) In this section, “identifying information”, in relation to a person, means any information or image that identifies, or is likely to identify, the person as being or having been protected by a protection order, expedited order or emergency order.(2) Identifying information in relation to a person must not be published or broadcast unless —(a)the person —(i)has attained 18 years of age;(ii)does not lack mental capacity; and(iii)has consented to the publication or broadcast; and(b)subject to subsection (3), the Director‑General approves the publication or broadcast.(3) The Minister may prescribe one or more classes of cases in which the Director‑General’s approval is not required.Offence(4) If any identifying information is published or broadcast in contravention of subsection (2) —(a)in the case of the publication of the identifying information as part of a newspaper or periodical publication — each proprietor, editor, publisher and distributor of the newspaper or periodical publication;(b)in the case of the publication of the identifying information otherwise than as part of a newspaper or periodical publication — the person who publishes or distributes the identifying information; or(c)in the case of the broadcast of the identifying information — each person who transmits or provides the programme in which the identifying information is broadcast, and each person having functions in relation to the programme corresponding to those of the editor of a newspaper or periodical publication,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000.(5) In proceedings for an offence under subsection (4), the court may, whether or not there is a conviction for the offence, order a person to remove the publication, or cease the broadcast, of any identifying information that is in contravention of subsection (2).Application to remove contravening publication or broadcast(6) The court may, on an application, order a person to remove a publication, or cease a broadcast, that contravenes subsection (2).(7) An application under subsection (6) may be made by —(a)a protector; or(b)the person whose identifying information was published or broadcast.(8) The court may make an order under subsection (6) even if —(a)the application is not served on the person against whom the order is sought (called in this section the respondent) or is not served on the respondent within a reasonable time before the hearing of the application; or(b)where the application has been served on the respondent — the respondent does not appear at the hearing of the application,so long as the court is satisfied, on a balance of probabilities, that the order is necessary for the protection or personal safety of the person whose identifying information was published or broadcast.Definitions(9) In this section —“broadcast” means sounds or visual images or both —(a)broadcast by wireless telegraphy, or by means of a high frequency distribution system over wire or other paths provided by a material substance, and intended for general reception;(b)broadcast through the Internet or any website, web service or Internet application, whether or not intended for general reception; or(c)broadcast through any messaging system;“court”, in subsection (5), means a court of competent jurisdiction;“publish”, in relation to any information or picture, means to bring the information or picture to the notice of the public or a section of the public by any means, including (to avoid doubt) through —(a)the Internet or any website, web service or Internet application; or(b)any messaging system.
In this section, “identifying information”, in relation to a person, means any information or image that identifies, or is likely to identify, the person as being or having been protected by a protection order, expedited order or emergency order.
Identifying information in relation to a person must not be published or broadcast unless —(a)the person —(i)has attained 18 years of age;(ii)does not lack mental capacity; and(iii)has consented to the publication or broadcast; and(b)subject to subsection (3), the Director‑General approves the publication or broadcast.
The Minister may prescribe one or more classes of cases in which the Director‑General’s approval is not required.
If any identifying information is published or broadcast in contravention of subsection (2) —(a)in the case of the publication of the identifying information as part of a newspaper or periodical publication — each proprietor, editor, publisher and distributor of the newspaper or periodical publication;(b)in the case of the publication of the identifying information otherwise than as part of a newspaper or periodical publication — the person who publishes or distributes the identifying information; or(c)in the case of the broadcast of the identifying information — each person who transmits or provides the programme in which the identifying information is broadcast, and each person having functions in relation to the programme corresponding to those of the editor of a newspaper or periodical publication,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000.
In proceedings for an offence under subsection (4), the court may, whether or not there is a conviction for the offence, order a person to remove the publication, or cease the broadcast, of any identifying information that is in contravention of subsection (2).
The court may, on an application, order a person to remove a publication, or cease a broadcast, that contravenes subsection (2).
An application under subsection (6) may be made by —(a)a protector; or(b)the person whose identifying information was published or broadcast.
The court may make an order under subsection (6) even if —(a)the application is not served on the person against whom the order is sought (called in this section the respondent) or is not served on the respondent within a reasonable time before the hearing of the application; or(b)where the application has been served on the respondent — the respondent does not appear at the hearing of the application,so long as the court is satisfied, on a balance of probabilities, that the order is necessary for the protection or personal safety of the person whose identifying information was published or broadcast.
In this section —
“broadcast” means sounds or visual images or both —(a)broadcast by wireless telegraphy, or by means of a high frequency distribution system over wire or other paths provided by a material substance, and intended for general reception;(b)broadcast through the Internet or any website, web service or Internet application, whether or not intended for general reception; or(c)broadcast through any messaging system;
“court”, in subsection (5), means a court of competent jurisdiction;
“publish”, in relation to any information or picture, means to bring the information or picture to the notice of the public or a section of the public by any means, including (to avoid doubt) through —(a)the Internet or any website, web service or Internet application; or(b)any messaging system.

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s 63BRestriction on publishing identifying information about protected persons

(1)

In this section, “identifying information”, in relation to a person, means any information or image that identifies, or is likely to identify, the person as being or having been protected by a protection order, expedited order or emergency order.

(2)

Identifying information in relation to a person must not be published or broadcast unless —

(a)

the person —

(i)

has attained 18 years of age;

(ii)

does not lack mental capacity; and

(iii)

has consented to the publication or broadcast; and

(b)

subject to subsection (3), the Director‑General approves the publication or broadcast.

(3)

The Minister may prescribe one or more classes of cases in which the Director‑General’s approval is not required.

(4)

If any identifying information is published or broadcast in contravention of subsection (2) —

(a)

in the case of the publication of the identifying information as part of a newspaper or periodical publication — each proprietor, editor, publisher and distributor of the newspaper or periodical publication;

(b)

in the case of the publication of the identifying information otherwise than as part of a newspaper or periodical publication — the person who publishes or distributes the identifying information; or

(c)

in the case of the broadcast of the identifying information — each person who transmits or provides the programme in which the identifying information is broadcast, and each person having functions in relation to the programme corresponding to those of the editor of a newspaper or periodical publication,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000.

(5)

In proceedings for an offence under subsection (4), the court may, whether or not there is a conviction for the offence, order a person to remove the publication, or cease the broadcast, of any identifying information that is in contravention of subsection (2).

(6)

The court may, on an application, order a person to remove a publication, or cease a broadcast, that contravenes subsection (2).

(7)

An application under subsection (6) may be made by —

(a)

a protector; or

(b)

the person whose identifying information was published or broadcast.

(8)

The court may make an order under subsection (6) even if —

(a)

the application is not served on the person against whom the order is sought (called in this section the respondent) or is not served on the respondent within a reasonable time before the hearing of the application; or

(b)

where the application has been served on the respondent — the respondent does not appear at the hearing of the application,so long as the court is satisfied, on a balance of probabilities, that the order is necessary for the protection or personal safety of the person whose identifying information was published or broadcast.

(9)

In this section —

“broadcast” means sounds or visual images or both —

(a)

broadcast by wireless telegraphy, or by means of a high frequency distribution system over wire or other paths provided by a material substance, and intended for general reception;

(b)

broadcast through the Internet or any website, web service or Internet application, whether or not intended for general reception; or

(c)

broadcast through any messaging system;

“court”, in subsection (5), means a court of competent jurisdiction;

“publish”, in relation to any information or picture, means to bring the information or picture to the notice of the public or a section of the public by any means, including (to avoid doubt) through —

(a)

the Internet or any website, web service or Internet application; or

(b)

any messaging system.