Australian Capital Territory Numbered Acts

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MAGISTRATES COURT (AMENDMENT) ACT 1996 (NO. 6 OF 1996) - SECT 20

Substitution of section 181 of the Magistrates Court (Civil Jurisdiction) Act 1982

20. Section 181 of the Magistrates Court (Civil Jurisdiction) Act 1982 is repealed and the following section substituted:

“181. (1) Subject to subsection (2) and except in relation to a matter that may be dealt with in chambers, the hearing of a proceeding before the court shall be in public.

“(2) Where the Magistrate presiding at a hearing is of the opinion that it is desirable in the public interest or in the interests of justice to do so, the Magistrate may, by order—

        (a)     direct that the hearing or part of the hearing shall take place in private and give directions as to the persons who may be present;

        (b)     give directions prohibiting or restricting the publication of evidence given at the hearing, whether in public or in private, or of matters contained in documents lodged with the court or received in evidence by the court for the purposes of the proceeding; and

        (c)     give directions prohibiting or restricting the disclosure to some or all of the parties to the proceeding of evidence given at the hearing, or of a matter contained in a document lodged with the court or received in evidence by the court for the purposes of the proceeding.

“(3) A person who, without reasonable excuse, contravenes an order under subsection (2) is guilty of an offence punishable, on conviction—

        (a)     if the offender is a natural person—by a fine not exceeding 100 penalty units or a term of imprisonment not exceeding 12 months, or both; or

        (b)     if the offender is a body corporate—by a fine not exceeding 500 penalty units.”.



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