(b) are interlocutory proceedings or proceedings of a similar kind or In addition to their application under section 4 to all proceedings in a federal court or an ACT court, Division 1A and section 131A apply to all proceedings in any other Australian court for an offence against a law of the Commonwealth, including proceedings that: to all proceedings for Commonwealth offences (1A) A party that seeks disclosure pursuant to a disclosure requirement may apply to the court for an order, under section 126H, that subsection 126H(1) does not apply in relation to the information or document.ġ31B Extended application of Division 1A etc. (1) This section applies if, in response to a disclosure requirement, a person claims that they are not compellable to answer any question or produce any document that would disclose the identity of the informant (within the meaning of section 126H) or enable that identity to be ascertained. (3) An order under subsection (2) may be made subject to such terms and conditions (if any) as the court thinks fit. (b) the public interest in the communication of facts and opinion to the public by the news media and, accordingly also, in the ability of the news media to access sources of facts. (a) any likely adverse effect of the disclosure on the informant or any other person and (2) The court may, on the application of a party, order that subsection (1) is not to apply if it is satisfied that, having regard to the issues to be determined in that proceeding, the public interest in the disclosure of evidence of the identity of the informant outweighs: (1) If a journalist has promised an informant not to disclose the informant’s identity, neither the journalist nor his or her employer is compellable to answer any question or produce any document that would disclose the identity of the informant or enable that identity to be ascertained. News medium means a medium for the dissemination to the public or a section of the public of news and observations on news Journalist means a person who in the normal course of that person’s work may be given information by an informant in the expectation that the information may be published in a news medium Informant means a person who gives information to a journalist in the normal course of the journalist’s work in the expectation that the information may be published in a news medium Schedule 1- Amendments relating to journalists’ privilege This Act commences on the day after it receives the Royal Assent.Įach Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. This Act may be cited as the Evidence Amendment (Journalists’ Privilege) Act 2010. A Bill for an Act to amend the Evidence Act 1995, and for related purposes
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