Criminal Procedure Act 2011

Offences relating to breach of suppression provisions and orders

211 Offences and penalties

(1)

Every person commits an offence who knowingly or recklessly publishes any name, address, occupation, or other information in breach of—

(a)

a suppression order; or

(b)

any of sections 199A, 201, 203, and 204; or

(c)

an order made under section 286 or 292.

(2)

Every person commits an offence who publishes any name, address, occupation, or other information in breach of—

(a)

a suppression order; or

(b)

any of sections 199A, 201, 203, and 204; or

(c)

an order made under section 286 or 292.

(3)

Subsection (2) does not apply to a person who hosts material on websites or other electronic retrieval systems that can be accessed by a user unless the specific information has been placed or entered on the site or system by that person.

(4)

A person who commits an offence against subsection (1) is liable on conviction,—

(a)

in the case of an individual, to a term of imprisonment not exceeding 6 months:

(b)

in the case of a body corporate, to a fine not exceeding $100,000.

(5)

A person who commits an offence against subsection (2) is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $25,000:

(b)

in the case of a body corporate, to a fine not exceeding $50,000.

(6)

In a prosecution for an offence against subsection (2), it is not necessary for the prosecution to prove that the defendant intended to commit an offence.

(7)

A defendant has a defence to a charge under subsection (2) if the defendant proves that they—

(a)

did not know or could not reasonably have known that the information published was suppressed; and

(b)

removed the suppressed material as soon as practicable after becoming aware of the breach.

Section 211(1): replaced, on 26 August 2020, by section 29 of the Contempt of Court Act 2019 (2019 No 44).

Section 211(2): replaced, on 26 August 2020, by section 29 of the Contempt of Court Act 2019 (2019 No 44).

Section 211(7): inserted, on 26 August 2020, by section 29 of the Contempt of Court Act 2019 (2019 No 44).