Evidence Amendment (Journalist Privilege) Act 2012
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Evidence Amendment (Journalist Privilege) Act
2012
No. 52 of 2012
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2—AMENDMENTS TO THE EVIDENCE ACT 2008 3
3 New Division 1C of Part 3.10 inserted 3
Division 1C—Journalist privilege 3
126J Definitions 3
126K Journalist privilege relating to identity of informant 4
4 Privilege in respect of self-incrimination in other proceedings 5
5 Privilege in respect of self-incrimination—exception for certain
orders etc. 6
6 Application of Part to preliminary proceedings of courts 7
7 Definition of admission 7
8 Unavailability of persons 7
9 References to de facto partners 8
10 New Part 3 of Schedule 2 inserted 8
PART 3—TRANSITIONAL PROVISIONS FOR
EVIDENCE AMENDMENT (JOURNALIST PRIVILEGE)
ACT 2012 8
17 Definitions 8
18 Application of Division 1C of Part 3.10 8
19 Application of Division 1C of Part 3.10 to disclosure
requirements 9
20 Certificate given to a witness before commencement 10
PART 3—AMENDMENTS TO THE CORONERS ACT 2008 11
11 New section inserted after section 42 11
42A Privileges in relation to investigations 11
12 Privileges in relation to inquests 11
58 Privileges in relation to inquests 11
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Section Page
ii
Authorised by the Chief Parliamentary Counsel
13 New clause 21 of Schedule 1 to the Coroners Act 2008 inserted 11
21 Transitional provisions—Evidence Amendment
(Journalist Privilege) Act 2012 11
PART 4—AMENDMENTS TO THE EVIDENCE
(MISCELLANEOUS PROVISIONS) ACT 1958 13
14 Power to send for witnesses and documents 13
15 Guiding principles 13
16 Regulations 13
PART 5—AMENDMENTS TO THE INDEPENDENT BROAD-
BASED ANTI-CORRUPTION COMMISSION ACT 2011 14
17 Definition of privilege 14
18 New section inserted after section 67 14
67A Journalist privilege does not apply 14
19 New section inserted after section 82ZC 14
82ZCA Journalist privilege does not apply 14
PART 6—AMENDMENTS TO THE MAJOR CRIME
(INVESTIGATIVE POWERS) ACT 2004 15
20 Application of privileges and provision of information,
documents 15
PART 7—AMENDMENTS TO THE OMBUDSMAN ACT 1973 16
21 Evidence 16
PART 8—AMENDMENTS TO THE POLICE INTEGRITY
ACT 2008 17
22 New section inserted after section 69 17
69A Journalist privilege does not apply 17
PART 9—AMENDMENTS TO THE ROAD SAFETY ACT 1986 18
23 Provisions about cancellation and disqualification 18
24 When an alcohol interlock condition can be removed 18
PART 10—AMENDMENTS TO THE VICTORIAN
INSPECTORATE ACT 2011 19
25 Definition of privilege 19
26 New section inserted after section 33S 19
33SA Journalist privilege does not apply 19
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Section Page
iii
Authorised by the Chief Parliamentary Counsel
PART 11—AMENDMENTS TO THE WHISTLEBLOWERS
PROTECTION ACT 2001 20
27 New section inserted after section 10 20
10A Journalist privilege does not apply 20
28 New section inserted after section 56 20
56A Journalist privilege does not apply 20
PART 12—REPEAL 21
29 Repeal of amending Act 21
═══════════════
ENDNOTES 22
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
Evidence Amendment (Journalist
Privilege) Act 2012 †
No. 52 of 2012
[Assented to 18 September 2012]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purposes
The purposes of this Act are—
(a) to amend the Evidence Act 2008—
(i) to provide for a journalist privilege; and
(ii) to provide for mutual recognition of
self-incrimination certificates issued
under provisions in other jurisdictions
which are equivalent to sections 128
Victoria
-- 4 of 25 --
Part 1—Preliminary
Evidence Amendment (Journalist Privilege) Act 2012
No. 52 of 2012
2
Authorised by the Chief Parliamentary Counsel
and 128A of the Evidence Act 2008;
and
(iii) to implement other technical
amendments approved by the Standing
Committee of Attorneys-General to
bring the Evidence Act 2008 into line
with the Model Uniform Evidence Bill;
and
(b) to amend the Coroners Act 2008 to apply
the privileges set out in Part 3.10 of the
Evidence Act 2008 to investigations and
inquests; and
(c) to make minor amendments to the Evidence
(Miscellaneous Provisions) Act 1958; and
(d) to make necessary consequential and other
amendments to those and other Acts and
provide for transitional arrangements.
2 Commencement
(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 January 2013, it comes into
operation on that day.
__________________
s. 2
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Part 2—Amendments to the Evidence Act 2008
Evidence Amendment (Journalist Privilege) Act 2012
No. 52 of 2012
3
Authorised by the Chief Parliamentary Counsel
PART 2—AMENDMENTS TO THE EVIDENCE ACT 2008
3 New Division 1C of Part 3.10 inserted
After Division 1B of Part 3.10 of the Evidence
Act 2008 insert—
"Division 1C—Journalist privilege
126J Definitions
(1) In this Division—
informant means a person who gives
information to a journalist in the normal
course of the journalist's work in the
expectation that the information may be
published in a news medium;
journalist means a person engaged in the
profession or occupation of journalism
in connection with the publication of
information, comment, opinion or
analysis in a news medium;
news medium means a medium for the
dissemination to the public or a section
of the public of news and observations
on news.
(2) For the purpose of the definition of
journalist, in determining if a person is
engaged in the profession or occupation of
journalism regard must be had to the
following factors—
(a) whether a significant proportion of the
person's professional activity
involves—
(i) the practice of collecting and
preparing information having the
character of news or current
affairs; or
s. 3
See:
Act No.
47/2008.
Reprint No. 1
as at
1 January
2011
and
amending
Act No.
29/2011.
LawToday:
www.
legislation.
vic.gov.au
-- 6 of 25 --
Part 2—Amendments to the Evidence Act 2008
Evidence Amendment (Journalist Privilege) Act 2012
No. 52 of 2012
4
Authorised by the Chief Parliamentary Counsel
(ii) commenting or providing opinion
on or analysis of news or current
affairs—
for dissemination in a news medium;
(b) whether information, having the
character of news or current affairs,
collected and prepared by the person is
regularly published in a news medium;
(c) whether the person's comments or
opinion on or analysis of news or
current affairs is regularly published in
a news medium;
(d) whether, in respect of the publication
of—
(i) any information collected or
prepared by the person; or
(ii) any comment or opinion on or
analysis of news or current affairs
by the person—
the person or the publisher of the
information, comment, opinion or
analysis is accountable to comply
(through a complaints process) with
recognised journalistic or media
professional standards or codes of
practice.
126K Journalist privilege relating to identity of
informant
(1) If a journalist, in the course of the journalist's
work, has promised an informant not to
disclose the informant's identity, neither the
journalist nor his or her employer is
compellable to give evidence that would
disclose the identity of the informant or
enable that identity to be ascertained.
s. 3
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Part 2—Amendments to the Evidence Act 2008
Evidence Amendment (Journalist Privilege) Act 2012
No. 52 of 2012
5
Authorised by the Chief Parliamentary Counsel
(2) The court may, on the application of a party,
order that subsection (1) is not to apply if it
is satisfied that, having regard to the issues to
be determined in the proceeding, the public
interest in the disclosure of the identity of the
informant outweighs—
(a) any likely adverse effect of the
disclosure on the informant or any other
person; and
(b) the public interest in the
communication of facts and opinion to
the public by the news media and,
accordingly also, in the ability of the
news media to access sources of facts.
(3) An order under subsection (2) may be made
subject to such terms and conditions (if any)
as the court thinks fit.".
4 Privilege in respect of self-incrimination in other
proceedings
(1) In section 128(3) of the Evidence Act 2008—
(a) for "If" substitute "Subject to subsection (4),
if"; and
(b) after "court" (where secondly occurring)
insert "is not to require the witness to give
the evidence, and".
(2) In section 128(7)(b) of the Evidence Act 2008,
before "any" insert "evidence of".
(3) After section 128(11) of the Evidence Act 2008
insert—
"(12) If a person has been given a certificate under
a prescribed State or Territory provision in
respect of evidence given by a person in a
proceeding in a State or Territory court, the
certificate has the same effect, in a
s. 4
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Part 2—Amendments to the Evidence Act 2008
Evidence Amendment (Journalist Privilege) Act 2012
No. 52 of 2012
6
Authorised by the Chief Parliamentary Counsel
proceeding to which this subsection applies,
as if it had been given under this section.
(13) For the purposes of subsection (12), a
prescribed State or Territory provision is a
provision of a law of a State or Territory
declared by the regulations to be a prescribed
State or Territory provision for the purposes
of that subsection.
(14) Subsection (12) applies to a proceeding in
relation to which this Act applies because of
section 4, other than a proceeding for an
offence against a law of the Commonwealth
or for the recovery of a civil penalty under a
law of the Commonwealth.".
(4) For note 3 at the foot of section 128 of the
Evidence Act 2008 substitute—
"3 Section 128(12) to (14) of the Commonwealth Act
gives effect to certificates in relation to self-
incriminating evidence under this Act in proceedings in
federal and ACT courts and in prosecutions for
Commonwealth and ACT offences.".
5 Privilege in respect of self-incrimination—exception
for certain orders etc.
After section 128A(10) of the Evidence Act 2008
insert—
"(11) If a person has been given a certificate under
a prescribed State or Territory provision in
respect of information of a kind referred to in
subsection (6)(a), the certificate has the same
effect, in a proceeding to which this
subsection applies, as if it had been given
under this section.
(12) For the purposes of subsection (11), a
prescribed State or Territory provision is a
provision of a law of a State or Territory
declared by the regulations to be a prescribed
s. 5
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Part 2—Amendments to the Evidence Act 2008
Evidence Amendment (Journalist Privilege) Act 2012
No. 52 of 2012
7
Authorised by the Chief Parliamentary Counsel
State or Territory provision for the purposes
of that subsection.
(13) Subsection (11) applies to a proceeding in
relation to which this Act applies because of
section 4, other than a proceeding for an
offence against a law of the Commonwealth
or for the recovery of a civil penalty under a
law of the Commonwealth.".
6 Application of Part to preliminary proceedings of
courts
In section 131A(1)(a) of the Evidence Act 2008,
for "Division 1 or 3" substitute "Division 1, 1C
or 3".
7 Definition of admission
In Part 1 of the Dictionary to the Evidence Act
2008, in the definition of admission, in
paragraph (a), for "a defendant" substitute
"an accused".
8 Unavailability of persons
For clause 4(1) of Part 2 of the Dictionary to the
Evidence Act 2008 substitute—
"(1) For the purposes of this Act, a person is
taken not to be available to give evidence
about a fact if—
(a) the person is dead; or
(b) the person is, for any reason other than
the application of section 16
(Competence and compellability—
judges and jurors), not competent to
give the evidence; or
(c) the person is mentally or physically
unable to give the evidence and it is not
reasonably practicable to overcome that
inability; or
s. 6
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Part 2—Amendments to the Evidence Act 2008
Evidence Amendment (Journalist Privilege) Act 2012
No. 52 of 2012
8
Authorised by the Chief Parliamentary Counsel
(d) it would be unlawful for the person to
give the evidence; or
(e) a provision of this Act prohibits the
evidence being given; or
(f) all reasonable steps have been taken, by
the party seeking to prove the person is
not available, to find the person or
secure his or her attendance, but
without success; or
(g) all reasonable steps have been taken, by
the party seeking to prove the person is
not available, to compel the person to
give the evidence, but without
success.".
9 References to de facto partners
In clause 11(6) of Part 2 of the Dictionary to the
Evidence Act 2008, for "registered relationship"
substitute "registered domestic relationship".
10 New Part 3 of Schedule 2 inserted
After Part 2 of Schedule 2 to the Evidence Act
2008 insert—
"PART 3—TRANSITIONAL PROVISIONS FOR
EVIDENCE AMENDMENT (JOURNALIST
PRIVILEGE) ACT 2012
17 Definitions
In this Part—
2012 Act means the Evidence Amendment
(Journalist Privilege) Act 2012.
18 Application of Division 1C of Part 3.10
(1) Except as otherwise provided by this
Schedule, the amendment made to Part 3.10
of this Act by section 3 of the 2012 Act
s. 9
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Part 2—Amendments to the Evidence Act 2008
Evidence Amendment (Journalist Privilege) Act 2012
No. 52 of 2012
9
Authorised by the Chief Parliamentary Counsel
applies to any proceeding commenced on or
after the commencement of that section.
(2) Except as otherwise provided by this
Schedule, in the case of any proceeding that
commenced before the commencement of
section 3 of the 2012 Act, the amendment
made to Part 3.10 of this Act by that section
applies to that part of the proceeding that
takes place on or after the commencement of
that section, other than any hearing in the
proceeding that commenced before the
commencement of that section and—
(a) continued on or after the
commencement of that section; or
(b) was adjourned until the commencement
of that section or a day after the
commencement of that section.
19 Application of Division 1C of Part 3.10 to
disclosure requirements
(1) The amendment made to Part 3.10 of this
Act by section 3 of the 2012 Act does not
apply in respect of—
(a) a disclosure requirement issued or
ordered before the commencement of
section 3 of that Act; or
(b) a disclosure requirement issued or
ordered on or after the commencement
of section 3 of that Act to give evidence
or produce documents at a hearing to
which clause 18(2)(a) or (b) applies.
(2) Despite subclause (1)(a), the amendment
made to Part 3.10 of this Act by section 3 of
the 2012 Act applies to a disclosure
requirement issued or ordered before the
commencement of section 3 of that Act if the
evidence is to be given at a hearing to which
s. 10
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Part 2—Amendments to the Evidence Act 2008
Evidence Amendment (Journalist Privilege) Act 2012
No. 52 of 2012
10
Authorised by the Chief Parliamentary Counsel
the amendment made by section 3 of that Act
applies.
(3) In this section, disclosure requirement has
the same meaning as in section 131A.
20 Certificate given to a witness before
commencement
(1) The amendment made to section 128 by
section 4(3) and (4) of the 2012 Act has
effect on and from the commencement of
that section with respect to the giving of a
certificate under a prescribed State or
Territory provision that has occurred before
the commencement of that section.
(2) The amendment made to section 128A by
section 5 of the 2012 Act has effect on and
from the commencement of that section with
respect to the giving of a certificate under a
prescribed State or Territory provision that
has occurred before the commencement of
that section.".
__________________
s. 10
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Part 3—Amendments to the Coroners Act 2008
Evidence Amendment (Journalist Privilege) Act 2012
No. 52 of 2012
11
Authorised by the Chief Parliamentary Counsel
PART 3—AMENDMENTS TO THE CORONERS ACT 2008
11 New section inserted after section 42
After section 42 of the Coroners Act 2008
insert—
"42A Privileges in relation to investigations
Part 3.10 of the Evidence Act 2008 (except
sections 128, 128A and 131A) applies to
investigations of deaths and fires.".
12 Privileges in relation to inquests
For section 58 of the Coroners Act 2008
substitute—
"58 Privileges in relation to inquests
Part 3.10 of the Evidence Act 2008 (except
sections 128, 128A and 131A) applies to
inquests.".
13 New clause 21 of Schedule 1 to the Coroners Act
2008 inserted
After clause 20 of Schedule 1 to the Coroners
Act 2008 insert—
"21 Transitional provisions—Evidence
Amendment (Journalist Privilege) Act
2012
(1) If an investigation has commenced but is not
completed immediately before the
commencement of section 11 of the 2012
Act, the amendment made to this Act by that
section applies to the investigation on and
from that commencement.
(2) If the hearing of an inquest has commenced
but is not completed immediately before the
commencement of section 12 of the 2012
Act, this Act applies to the hearing of the
inquest on and from that commencement as
s. 11
See:
Act No.
77/2008.
Reprint No. 1
as at
21 July 2011.
LawToday:
www.
legislation.
vic.gov.au
-- 14 of 25 --
Part 3—Amendments to the Coroners Act 2008
Evidence Amendment (Journalist Privilege) Act 2012
No. 52 of 2012
12
Authorised by the Chief Parliamentary Counsel
if the amendment made by that section were
not in force.
(3) If an investigation is re-opened under
section 77(2) after the commencement of
sections 11 and 12 of the 2012 Act, and there
has previously been an inquest in relation to
the investigation to which section 58 as
substituted by section 12 of the 2012 Act did
not apply, this Act applies to the re-opened
investigation as if sections 11 and 12 of the
2012 Act were not in force.
(4) In this clause, 2012 Act means the Evidence
Amendment (Journalist Privilege) Act
2012.".
__________________
s. 13
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Part 4—Amendments to the Evidence (Miscellaneous Provisions) Act 1958
Evidence Amendment (Journalist Privilege) Act 2012
No. 52 of 2012
13
Authorised by the Chief Parliamentary Counsel
PART 4—AMENDMENTS TO THE EVIDENCE
(MISCELLANEOUS PROVISIONS) ACT 1958
14 Power to send for witnesses and documents
At the end of section 17 of the Evidence
(Miscellaneous Provisions) Act 1958 insert—
"(2) A person is not, in relation to a commission,
entitled to the privilege provided for in
Division 1C of Part 3.10 of the Evidence
Act 2008.".
15 Guiding principles
In section 32AB of the Evidence (Miscellaneous
Provisions) Act 1958 omit "Division 3 and".
16 Regulations
Section 152(1) of the Evidence (Miscellaneous
Provisions) Act 1958 is repealed.
__________________
s. 14
See:
Act No.
6246.
Reprint No. 17
as at
1 January
2010
and
amending
Act Nos
7/2010,
13/2010,
53/2010,
36/2011,
65/2011,
4/2012 and
19/2012.
LawToday:
www.
legislation.
vic.gov.au
-- 16 of 25 --
Part 5—Amendments to the Independent Broad-based Anti-corruption
Commission Act 2011
Evidence Amendment (Journalist Privilege) Act 2012
No. 52 of 2012
14
Authorised by the Chief Parliamentary Counsel
PART 5—AMENDMENTS TO THE INDEPENDENT BROAD-
BASED ANTI-CORRUPTION COMMISSION ACT 2011
17 Definition of privilege
In paragraph (a) the definition of privilege in
section 3(1) of the Independent Broad-based
Anti-corruption Commission Act 2011, after
"court or tribunal" insert ", other than the
privilege provided for in Division 1C of Part 3.10
of the Evidence Act 2008".
18 New section inserted after section 67
After section 67 of the Independent Broad-
based Anti-corruption Commission Act 2011
insert—
"67A Journalist privilege does not apply
A person is not, in relation to the exercise of
a power under this Part, entitled to the
privilege provided for in Division 1C of
Part 3.10 of the Evidence Act 2008.".
19 New section inserted after section 82ZC
After section 82ZC of the Independent Broad-
based Anti-corruption Commission Act 2011
insert—
"82ZCA Journalist privilege does not apply
A person is not, in relation to an examination
or witness summons, entitled to the privilege
provided for in Division 1C of Part 3.10 of
the Evidence Act 2008.".
__________________
s. 17
See:
Act No.
66/2011
and
amending
Act Nos
66/2011,
70/2011,
13/2012 and
28/2012.
Statute Book:
www.
legislation.
vic.gov.au
-- 17 of 25 --
Part 6—Amendments to the Major Crime (Investigative Powers) Act 2004
Evidence Amendment (Journalist Privilege) Act 2012
No. 52 of 2012
15
Authorised by the Chief Parliamentary Counsel
PART 6—AMENDMENTS TO THE MAJOR CRIME
(INVESTIGATIVE POWERS) ACT 2004
20 Application of privileges and provision of
information, documents
(1) For the heading to section 63 of the Major Crime
(Investigative Powers) Act 2004 substitute—
"Application of privileges and provision of
information, documents".
(2) After section 63(2) of the Major Crime
(Investigative Powers) Act 2004 insert—
"(2A) A person is not, in relation to a requirement
by the Special Investigations Monitor to
answer a question, provide information or
produce a document or other thing, entitled
to the privilege provided for in Division 1C
of Part 3.10 of the Evidence Act 2008.".
(3) In section 63(3) of the Major Crime
(Investigative Powers) Act 2004, for
"subsections (1) and (2)" substitute
"subsections (1), (2) and (2A)".
__________________
s. 20
See:
Act No.
79/2004.
Reprint No. 2
as at
2 April 2009
and
amending
Act Nos
3/2009,
69/2009,
87/2009,
67/2011,
72/2011 and
13/2012.
LawToday:
www.
legislation.
vic.gov.au
-- 18 of 25 --
Part 7—Amendments to the Ombudsman Act 1973
Evidence Amendment (Journalist Privilege) Act 2012
No. 52 of 2012
16
Authorised by the Chief Parliamentary Counsel
PART 7—AMENDMENTS TO THE OMBUDSMAN ACT 1973
21 Evidence
(1) After section 18(4) of the Ombudsman Act 1973
insert—
"(4A) A person is not, in relation to an
investigation under this Act, entitled to the
privilege provided for in Division 1C of
Part 3.10 of the Evidence Act 2008.".
(2) In section 18(5) of the Ombudsman Act 1973,
for "subsections (3) and (4)" substitute
"subsections (3), (4) and (4A)".
__________________
s. 21
See:
Act No.
8414.
Reprint No. 8
as at
7 March 2008
and
amending
Act Nos
65/2007,
34/2008,
27/2009,
69/2009,
29/2011,
66/2011,
70/2011,
72/2011 and
6/2012.
LawToday:
www.
legislation.
vic.gov.au
-- 19 of 25 --
Part 8—Amendments to the Police Integrity Act 2008
Evidence Amendment (Journalist Privilege) Act 2012
No. 52 of 2012
17
Authorised by the Chief Parliamentary Counsel
PART 8—AMENDMENTS TO THE POLICE INTEGRITY
ACT 2008
22 New section inserted after section 69
After section 69 of the Police Integrity Act 2008
insert—
"69A Journalist privilege does not apply
A person is not, in relation to an examination
or a witness summons, entitled to the
privilege provided for in Division 1C of
Part 3.10 of the Evidence Act 2008.".
__________________
s. 22
See:
Act No.
34/2008
and
amending
Act Nos
34/2008,
60/2008,
25/2009,
55/2009,
69/2009,
13/2010,
29/2011 and
13/2012.
LawToday:
www.
legislation.
vic.gov.au
-- 20 of 25 --
Part 9—Amendments to the Road Safety Act 1986
Evidence Amendment (Journalist Privilege) Act 2012
No. 52 of 2012
18
Authorised by the Chief Parliamentary Counsel
PART 9—AMENDMENTS TO THE ROAD SAFETY ACT 1986
23 Provisions about cancellation and disqualification
After section 50(5A) of the Road Safety Act
1986 insert—
"(5B) To avoid doubt, a proceeding under
subsection (5) is a proceeding that relates to
sentencing for the purposes of section 4(2) of
the Evidence Act 2008.".
24 When an alcohol interlock condition can be
removed
After section 50AAB(7) of the Road Safety Act
1986 insert—
"(8) To avoid doubt, a proceeding under
subsection (6) is a proceeding that relates to
sentencing for the purposes of section 4(2) of
the Evidence Act 2008.".
__________________
s. 23
See:
Act No.
127/1986.
Reprint No. 14
as at
27 April 2012
and
amending
Act Nos
19/1991,
63/2010,
32/2011,
34/2011,
65/2011 and
21/2012.
LawToday:
www.
legislation.
vic.gov.au
-- 21 of 25 --
Part 10—Amendments to the Victorian Inspectorate Act 2011
Evidence Amendment (Journalist Privilege) Act 2012
No. 52 of 2012
19
Authorised by the Chief Parliamentary Counsel
PART 10—AMENDMENTS TO THE VICTORIAN
INSPECTORATE ACT 2011
25 Definition of privilege
In paragraph (a) of the definition of privilege in
section 3(1) of the Victorian Inspectorate Act
2011, after "court or tribunal" insert ", other than
the privilege provided for in Division 1C of
Part 3.10 of the Evidence Act 2008".
26 New section inserted after section 33S
After section 33S of the Victorian Inspectorate
Act 2011 insert—
"33SA Journalist privilege does not apply
A person is not, in relation to the exercise of
a power under this Part, entitled to the
privilege provided for in Division 1C of
Part 3.10 of the Evidence Act 2008.".
__________________
s. 25
See:
Act No.
70/2011
and
amending
Act Nos
70/2011,
19/2012 and
28/2012.
Statute Book:
www.
legislation.
vic.gov.au
-- 22 of 25 --
Part 11—Amendments to the Whistleblowers Protection Act 2001
Evidence Amendment (Journalist Privilege) Act 2012
No. 52 of 2012
20
Authorised by the Chief Parliamentary Counsel
PART 11—AMENDMENTS TO THE WHISTLEBLOWERS
PROTECTION ACT 2001
27 New section inserted after section 10
After section 10 of the Whistleblowers
Protection Act 2001 insert—
"10A Journalist privilege does not apply
A person is not, in relation to a disclosure
made under this Part, entitled to the privilege
provided for in Division 1C of Part 3.10 of
the Evidence Act 2008.".
28 New section inserted after section 56
After section 56 of the Whistleblowers
Protection Act 2001 insert—
"56A Journalist privilege does not apply
A person is not, in relation to the exercise of
a power under this Part, entitled to the
privilege provided for in Division 1C of
Part 3.10 of the Evidence Act 2008.".
__________________
s. 27
See:
Act No.
36/2001.
Reprint No. 2
as at
15 January
2009
and
amending
Act Nos
36/2001,
69/2009,
66/2011,
70/2011 and
72/2011.
LawToday:
www.
legislation.
vic.gov.au
-- 23 of 25 --
Part 12—Repeal
Evidence Amendment (Journalist Privilege) Act 2012
No. 52 of 2012
21
Authorised by the Chief Parliamentary Counsel
PART 12—REPEAL
29 Repeal of amending Act
This Act is repealed on 1 January 2014.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
═══════════════
s. 29
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Evidence Amendment (Journalist Privilege) Act 2012
No. 52 of 2012
22
Authorised by the Chief Parliamentary Counsel
ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 7 June 2012
Legislative Council: 30 August 2012
The long title for the Bill for this Act was "A Bill for an Act to amend the
Evidence Act 2008 to provide for journalist privilege and other matters,
to make consequential and other amendments to the Coroners Act 2008,
the Evidence (Miscellaneous Provisions) Act 1958 and other Acts and
for other purposes."
Endnotes
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