S. 4(1) def. of sexual offence inserted by No. 8/1991 s. 18(a), amended by No. 47/2016 s. 40. sexual offence means an offence under subdivision (8A), (8B), (8C), (8E), (8F) or (8FA) of Division 1 of Part I of the Crimes Act 1958 or under any corresponding previous enactment or an attempt to commit any such offence or an assault with intent to commit any such offence. S. 4(1A) inserted by No. 8/1991 s. 18(a), amended by No. 33/1994 s. 17(3). (1A) A person who publishes or causes to be published any matter that contains any particulars likely to lead to the identification of a person against whom a sexual offence, or an offence where the conduct constituting it consists wholly or partly of taking part, or attempting to take part, in an act of sexual penetration as defined in section 35 of the Crimes Act 1958, is alleged to have been committed is guilty of an offence, whether or not a proceeding in respect of the alleged offence is pending in a court. S. 4(1B) inserted by No. 8/1991 s. 18(a). (1B) If a proceeding in respect of the alleged offence is not pending in a court at the relevant time, it is a defence to a charge under subsection (1A) for the accused to prove— S. 4(1B)(a) amended by No. 37/2014 s. 10(Sch. item 90(b)). (a) that no complaint about the alleged offence had been made to a police officer before that time; or (b) that the matter was published or caused to be published in accordance with the permission of— (i) the Supreme Court, the County Court or the Magistrates' Court granted on an application by a person; or (ii) the person against whom the offence is alleged to have been committed.
S. 4(1C) inserted by No. 8/1991 s. 18(a). (1C) If a proceeding in respect of the alleged offence is pending in a court at the relevant time, it is a defence to a charge under subsection (1A) for the accused to prove that the matter was published or caused to be published in accordance with the permission of that court granted on an application by a person. S. 4(1D) inserted by No. 79/2014 s. 49(3). (1D) This section does not prevent a disclosure of information that is made for the purpose of enabling— (a) the Judicial College of Victoria to perform its functions under the Judicial College of Victoria Act 2001; or (b) the Sentencing Advisory Council to perform its functions under Part 9A of the Sentencing Act 1991. S. 4(2) amended by Nos 9554 s. 2(2)(Sch. 2 item 104), 8/1991 s. 18(b). (2) Any person who is guilty of an offence under subsection (1A) is liable, if a corporation, to a penalty of not more than 50 penalty units and, if a person other than a corporation, to a penalty of not more than 20 penalty units or to imprisonment for a term of not more than four months or to both such penalty and imprisonment. (3) Where a corporation is guilty of an offence against this section any person being a member of the governing body or being a director manager or secretary of the corporation shall severally be deemed to have committed the offence and shall be liable to the aforesaid penalty or imprisonment or both unless he proves that the offence by the corporation took place without his knowledge or consent. S. 4(4) amended by No. 9848 s. 18(1)( Sch.). (4) No prosecution for an offence under this section shall be commenced by any person without the sanction of the Director of Public Prosecutions.
Assent Date: 14.6.89 Commencement Date: S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 : All of Act in operation Crimes (Sexual Offences) Act 1991, No. 8/1991 Assent Date: 16.4.91 Commencement Date: S. 18 on 5.8.91: Government Gazette 24.7.91 p. 2026 : This information relates only to the provision/s amending the Judicial Proceedings Reports Act 1958 Crimes (Criminal Trials) Act 1993, No. 60/1993 Assent Date: 8.6.93 Commencement Date: S. 23 on 1.7.93: Government Gazette 1.7.93 p. 1735 : This information relates only to the provision/s amending the Judicial Proceedings Reports Act 1958 Magistrates' Court (Amendment) Act 1994, No. 33/1994 Assent Date: 31.5.94 Commencement Date: S. 17(3) on 24.10.94: Government Gazette 20.10.94 p. 2789 : This information relates only to the provision/s amending the Judicial Proceedings Reports Act 1958 Legal Practice Act 1996, No. 35/1996 Assent Date: 6.11.96 Commencement Date: S. 453(Sch. 1 items 41.1, 41.2) on 1.1.97: s. 2(3) : This information relates only to the provision/s amending the Judicial Proceedings Reports Act 1958 Gambling Regulation Act 2003, No. 114/2003 Assent Date: 16.12.03 Commencement Date: S. 12.1.3(Sch. 6 item 7) on 1.7.04: Government Gazette 1.7.04 p. 1843 : This information relates only to the provision/s amending the Judicial Proceedings Reports Act 1958 Legal Profession (Consequential Amendments) Act 2005, No. 18/2005
Assent Date: 6.9.16 Commencement Date: S. 40 on 1.7.17: s. 2(2) Current State: This information relates only to the provision/s amending the Judicial Proceedings Reports Act 1958 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Amendments Not in Operation There are no amendments which were Not in Operation at the date of this publication. 4 Explanatory details