Proposed amendments
Hon Andrew Little, in Committee, to move the following amendments:
Part 2, subpart 6 heading
In Part 2, replace the subpart 6 heading (page 24, lines 25 to 27) with:
Subpart 6—Prohibiting publication of false statements about Judge or court, and power to make take-down orders
New clauses 24A and 24B
After clause 24 (page 27, after line 24), insert:
24A Offence to publish false statement about Judge or court
(1)
A person commits an offence if—
(a)
the person publishes a false statement about a Judge or court; and
(b)
the person knew or ought reasonably to have known that the statement could undermine public confidence in the independence, integrity, impartiality, or authority of the judiciary or a court; and
(c)
there is a real risk that the statement could undermine public confidence in the independence, integrity, impartiality, or authority of the judiciary or a court.
(2)
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 or a fine not exceeding $25,000:
(b)
in the case of a body corporate, to a fine not exceeding $100,000.
24B Further provisions applying for purpose of section 24A
(1)
A charging document for an offence against section 24A(1) may be filed only with the consent of the Solicitor-General.
(2)
Despite any other enactment, a proceeding against a defendant for an offence against section 24A(1) must be transferred to the High Court on adjournment of the defendant’s first appearance in the District Court, and the proceeding from that point, including the trial, must be in the High Court.
Schedule 2
In Schedule 2, the item relating to the Coroners Act 2006, new section 117(5A), replace “subpart 3 and sections 28 and 29(1) and (2)”
(page 32, line 23) with “subpart 3 and sections 28 and 29(1) and (2)”
.