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Identifying Complainants in Sexual Offences is an offence under Section 578A of the Crimes Act 1900 which carries a maximum penalty of 6 months in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
To ‘publish’ includes to broadcast by radio or television, as well as to disseminate by any other electronic means, including the internet and includes images as well as descriptions.
‘Prescribed sexual offences’ include:
The offence extends beyond the finalisation of cases even where the defendant is ultimately found not guilty.
The offence does not apply where the publication:
The offence is additional to any other prohibitions in the law.
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