2 Commencement s. 2 (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 December 2013, it comes into operation on that day. 3 Definitions In this Act— business day means a day other than a Saturday, a Sunday or a public holiday within the meaning of the Public Holidays Act 1993; child means a person under 18 years of age; closed court order means an order made under Part 5; corresponding interstate order has the same meaning as it has in the Family Violence Protection Act 2008; corresponding New Zealand order has the same meaning as it has in the Family Violence Protection Act 2008; court or tribunal means— (a) the Supreme Court; (b) the County Court; (c) the Magistrates' Court; (d) the Coroners Court; (e) VCAT; (f) any other prescribed court or tribunal; (g) a prescribed person or body; family violence intervention order has the same meaning as it has in the Family Violence Protection Act 2008;
inquest has the same meaning as it has in the Coroners Act 2008; interim order means an order made under section 20; news media organisation means— (a) a commercial enterprise that engages in the business of broadcasting or publishing news; (b) a public broadcasting service that engages in the dissemination of news through a public news medium; party to a proceeding includes— (a) in the case of a criminal proceeding, the complainant or victim or alleged victim; s. 3 (b) any person named in evidence given in a proceeding; (c) in relation to a proceeding that has concluded, a person who was a party to the proceeding before the proceeding concluded; proceeding means a civil proceeding or a criminal proceeding; proceeding suppression order means an order made under section 17; publish means disseminate or provide access to the public or a section of the public by any means, including by— (a) publication in a book, newspaper, magazine or other written publication; or (b) broadcast by radio or television; or (c) public exhibition; or
(b) the order is necessary in order to protect the safety of any person. (2) An order under subsection (1) applies only to the publication of material in a place where the order applies, as specified in the order. (3) Subject to subsection (4), an order under subsection (1) is not limited to applying in Victoria and may be made to apply anywhere in Australia. (4) An order under subsection (1) must not be made to apply outside Victoria unless the Magistrates' Court is satisfied that having the order apply outside Victoria is necessary for achieving the purpose for which the order is made. (5) An order under subsection (1) does not prevent a person from disclosing information if the disclosure is in the course of performing functions or duties or exercising powers in a public official capacity— (a) in connection with the conduct of any proceeding or the recovery or enforcement of any penalty imposed in a proceeding; or (b) in compliance with any procedure adopted by the Magistrates' Court for informing a person of the existence and content of an order made under subsection (1) by the Court. 27 Offence to contravene order under section 26(1) s. 27 (1) A person must not engage in conduct that constitutes a contravention of an order under section 26(1) that is in force if that person— (a) knows that the order is in force; or (b) is reckless as to whether an order under that section is in force.
continues to apply on and after its repeal in relation to a proceeding commenced to be heard (but not determined) by the Court before that repeal. (2) Despite the repeal of section 126 by the Open Courts Act 2013, an order made under section 126 (as in force immediately before its repeal) and in force at the date of that repeal— (a) subject to paragraph (b), continues to apply on and after that repeal; (b) may be set aside or varied in accordance with section 126 as if that section had not been repealed.". Division 5—Private Security Act 2004 53 General provisions for hearing matters involving protected information s. 53 See: Act No. 33/2004. Reprint No. 1 as at 26 September 2007 and amending Act Nos 4/2008, 13/2008, 1/2010, 6/2010, 61/2010 and 79/2011. LawToday: www. legislation. vic.gov.au In section 150E(3) of the Private Security Act 2004— (a) in paragraph (a), for "sections 49 and 101" substitute "section 49"; (b) after paragraph (a) insert— "(ab) Part 5 of the Open Courts Act 2013;".