Judicial Proceedings (Regulation of Reports) Act of 1931 (22 Geo v No. 36) (Qld)

PRIXTIKG AND NEWSPAPERS. - - ~ ----~------- 22 GEO. V. No. 36, 1931. Judicial Proceedings, Etc., Act. 13859 PREBIHERS' FINANCIAL REHABILITATION PLAN. See COMThWNWEALTH AND STATES. PRICKLY-PEAR LAND. See LANDS, CRO\YN. PRINTING AND NEWSPAPERS. An Act to Regulate the Publication and Sale of Reports of Judicial Proceedings in such a manner as to Prevent Injury to -Public Morals; and for other purposes. [ASSENTED TO 24TH DEOEMBER, 1931.] 22 Gl!:o. V. No. 36. THE JUDICIAL PROOEED- INGS (REGULA- TION OF REPORTS) AOT OF 1931. B E it enacted by the King's Most Excellent Majesty, - by and with the advice and consent of the Legis- iative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- *1. This Act may be cited as "The Judicial Short title Proceedings (Regulation of Repol'ts) Act of 1931," and : e~ ~ Z: ; nt shall come into operation on a day to be fixed by the Governor in Council by Proclamation published in the Gazette. 2. In this Act, unless the context otherwise indicates, Interpreta. the following terms have the meanings set against them tion. lrespectively, that is to say:- " Minister" - The Attornev - General or other Minister. Minister of the Crown'! for the time being charged with the administration of this Act; "Judicial proceedings "-vVithout in any wise Judicial limiting the meaning of "judicial proceedings," proceedings. the term shall also include proceedings before the Supreme Court or a judge thereof, or before a Magistrates Court constituted under * Proclamation bringing Act into force as from 1st February, 1932, issued on 28th January, 1932. (Gazette, 1932, page 462.)

13860 PRINTI?\G AXD XEWSPAPERS. Judicial Pmceedings, Etc., Act. 22 GElJ. V. Ko. 36~ *"The l1fagistrates COllrts Act of 1921," or before a police magistrate or justices in petty sessions under t"The Justices Acts, 1886 to 1929," or inquests holden by a coroner under t"The Comne;'s Act of 1930," and pro- ceedings under §" The Deserted Wives and Children Acts, 1840 to 1858," or II"The Infant Life Protection Acts, 1905 to 1921," or f:"The State Children Acts, 1911 to 1928." Restriction 3. (1.) It shall not be lawful to print or publish or' ~~ blication cause or procure to be printed or published- ? Ju f driecpiaolrts of proceedings. (a) In relation to anv J J'udicial proceedings any indecent matter or indecent medical surgicaJ or physiological details being matter or details the publication of which would be calculated to injure public morals; or (6) In relation to any judicial proceedings for dissolution of marriage, for nullity of mar- riage, for judicial separation, or for restitution of conjugal rights, any particulars other than the following, that is to say:- (i.) The names, addresses, and occupations of the parties and witnesses; (ii.) A concise statement of the charges, defences," and counter-charges in support of which evidence has been given; (iii.) Submissions on any point of law arising in the course of the proceedings and the decision of the court or judge thereon; (iv.) The summing-up of the judge and the finding of the jury (if any) and the judgment of the court and observations made by the judge in giving judgment; or * 12 Geo. V. No. 22, supra, page 9713. t 50 Vic. No. 17 and amending Acts, supra, pages Il32 et seq. Alphabetical Table.) t 21 Geo. V. No. 17, supra, page 12937. § 4 Vie. No. 5 and 22 Vic. No. 6, supra, pages 2049 and 2053. 11 5 Edw. VII. No. 19 and amending Acts, supra, pages 166 et seq. Alphabetical Table.) ~ 2 Geo. V. No. 11 and amending Acts, supra, pages 5076 et seq. Alphabetical Table.) (See (See' (See

PHINTING AND NEWSPAPERS . 13861 1931. .ludiciial Proceedings, Etc., Act. (C) In relation to any judicial proceedings for maintenance under *"The Deserted Wives and Children Acts, 1840 to 1858," or t"The Infant Life Protection Acts, 1905 to 1921," or ,t"The State Children Acts, 1911 to 1928,' any particulars other than the following, that is to say:- (i,) The names, addresses, and occupations of the parties and witnesses; (ii.) A concise statement of the charges, defences, and counter-charges in support of which the evidence has been given; (iii.) Submissions on any point of law ansmg in the course of the proceedings and the decision of the court thereon ; (iv.) The judgment of the court and observations made by the court jn giving judgment: Provided that nothing in paragraph (b) or paragraph (c) of this subsection shall be held to permit the publication of anything contrary to the provisions of paragraph (a) of this subsection. (2.) It shall not be lawful to sell, distribute, or give Sale, &0., of 0;: away, or cause or :procure to .be sold, distrib.ute.d, given ~: ~spapers, away, or to have In posseSSIOn for sale, dlstnbuuIOll, or containing giving away any newspaper (whether printed or published r; roh\ bit~ d in Queensland or elsewhere) containing or purporting to lletal s, o. contain any matter or details or particulars the printing or publication of which would, if the newspaper were printed or published in Q,ueensland, be a contravention of the provisions of this section. Por the purposes of this subsection the term" newspaper" has the like meaning as in section three of § "The Printers and Newspapers Act of 1914" or any Act amending the same. (3.) If any person acts in contravention of the Penalty. provisions of subsection one or of subsection two of this section, such person shall in respect of each offence be * 4 Vie. No. 5 and 22 Vie. No. 6, 8upm, pages 20,1[) and 2053. l' 5 Edw. VII. No. 19 and amending Acts, ~ u. pra, pages 166 et 8Cq. Alphabotieal Table.) t 2 Geo. V. No. 11 and amending Acts, supra, pages 5076 et 8Cq. Alphabeticrd Table.) § 5 Oeo. V. No. 20, supra, page 6281. (See (See

13862 PRINTING AND NEWSPAPERS. ,Judicial Proceedings, Etc., Act. 22 GEO. V. No, 3G, ~ - ~- - -~ - -- - ~ liable, if a corporation, to a penalty of not more than one thousand pounds, and, if any other person, to a. penalty of not more than five hundred pounds, or to' imprisonment for a term of not more than four months or to both such penalty and imprisonment: Provided that no person other than a proprietor" editor, master printer, or publisher shall be liable to be convicted under subsection one of this section: Provided further that, where a person who is guilty of any offence under this section is a corporation, any person being a member of the governing body, director, manager, or officer of such corporation shall be deemed to have committed the like offence and be liable to the pecuniary penalty or imprisonment or both provided by thls Act in the case of such an offence by a person other than a corporation accordingly, unleils he proves that the act or omission constituting the offence took place~ without his knowledge or consent. Cproonsseecnuttitoon. (4 • ) No prosecution for an offence under this Act shall be commenced by any person without the sanction of the Minister. . Saving. (5.) Nothing in this section shall apply to the printing, selling, distributing, giving away, or having in possession of any pleading, transcript of evidence, or other document for use in connection with any judicial proceedings, or the communication thereof to persons concerned in the proceedings, or to the printing or publishing of any notice or report in pursuance of the directions of the adjudicating justices, police magistrate,. court of petty sessions, judge, or court, or to the printing, publishing, selling, distributing, giving away, or having in possession of any matter in any separate volume or part of any bona fide series of law reports which does not form part of any other publication and consists solely of reports of proceedings in courts of law" or in any publication of a technical character bona fide intended for circulation among members of the legal or- medical professions. ti~ t; : rJ' treta. (6.) In this Act "judicial proceedings" means. "judicial judicial proceedings, whether in Queensland or elsewhere. proceedings."

PRINTING AND NEWSPAPERS. 13863 1931. Judicial Proceedings, Etc., Act. 4. This Act shall be in aid of and not in Act to be in d erogation of- ~ ~~ not in *" ( a) The provisions of , section two of The o de f r 6 o 1 ga V t l ~ C o . n Matrirrwnial Oauses Act of 1897"; and No. 6, s. 2, (b ) S U bsec t I · on el . ght 0 f sectI . On . SIxteen o~ ~ t"Th e a 1 n 2 dG o eo f . V•• Infant Life Protection Acts 1905 to 1921" B. 16 (8) of ( W I 11 · C h subsectI.On . m.ght w'as l.llser t ed by 5 NoE. d1w9. VII. section five of "The Infant L1'je Protection (inserted by Act Amendment Act O,Jf 1921 "). 12 Geo. V. No. 18). 5. All proceedings in respect of offences against Offencea. this Act shall be heard and determined in a summary way on complaint under t"The Justices Acts, 1886 to 1929." * 61 Vic. No. 6, supra, page 2069. t 5 Edw. VII. No. 19 and amending Acts, 8upra, pages 166 et seq. Alphabetical Table.) t 50 Vic. No. 17 and amending Acts, supra, pages 1132 et seq. Alphabetical Table.) (See (See PROTECTION TO TRUSTEES. See COMMONWEALTH AND STATES-FINANCIAL EMERGENCY ACT, PART V. See ALSO TRUSTEES. PUBLIC MEETINGS. See VAGRANTS. PUBLIC SAFETY PRESERVATION. See RAILWAYS. PUBLIC SERVICE, SALARIES OF' OFFICERS OF. See COMMONWEALTH AND STATES-FINANCIAL EMERGENCY ACT. PUBLIC SERVICE SUPERANNUATION. See COMMONWEALTH AND STATES-FINANCIAL EMERGENCY ACT.