Document ID: chunk:federal_register_of_legislation:C2024C00809:section:16a:p1
Version: federal_register_of_legislation:C2024C00809
Segment Type: section
Provision Reference: s 16A (pt 1/2)
Character Range: 42609–45255

16A  Prohibition of publication of evidence etc. in certain proceedings
 (1) Where the Director takes civil remedies, or co‑ordinates or supervises the taking of civil remedies, in respect of a matter, a court may, at any time during or after the taking of civil remedies in respect of the matter, make, in relation to a proceeding in the court that relates to the taking of civil remedies in respect of the matter, such order prohibiting or restricting the publication of particular evidence, or of particular information, as appears to the court to be necessary in order to prevent prejudice to the administration of justice.
 (1A) Where the Director institutes or carries on proceedings for the recovery of pecuniary penalties, or co‑ordinates or supervises the institution or carrying on of proceedings for the recovery of pecuniary penalties, in respect of a matter, a court may, at any time during or after the completion of proceedings for the recovery of pecuniary penalties in respect of the matter, make, in relation to a proceeding in the court that relates to the recovery of pecuniary penalties in respect of the matter, such order prohibiting or restricting the publication of particular evidence, or of particular information, as appears to the court to be necessary in order to prevent prejudice to the administration of justice.
 (1B) If the Director applies to the Supreme Court of a State or Territory:
 (a) under subsection 43(1) of the Proceeds of Crime Act 1987 for a restraining order under that Act; or
 (b) under subsection 57(3) of that Act for an extension of such a restraining order;
the Court may, at any time after the making of the application and before the application is determined, make an order prohibiting or restricting the publication of all or any of the matters referred to in subsection 44(3), (5), (6), (7) or (7A) of that Act that were contained in an affidavit made in support of the application if it appears to the Court to be necessary to make the order in order to prevent prejudice to the administration of justice.
Note: If the Director (or the Commissioner for the Australian Federal Police) applies for a restraining order under the Proceeds of Crime Act 2002, a court may make an order corresponding to the order mentioned in this subsection under section 28A of that Act.
 (2) The power conferred by subsection (1), (1A) or (1B) is in addition to, and shall not be taken to derogate from, any other power of a court.
 (3) In this section, proceeding means:
 (a) a proceeding in a court;
 (b) an incidental proceeding in the course of, or in connection with, a proceeding; or
 (c) an appeal;