(1C) If a proceeding in respect of the alleged offence S. 4(1C) is pending in a court at the relevant time, it is a inserted by No. 8/1991 defence to a charge under subsection (1A) for the s. 18(a). 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. (1D) This section does not prevent a disclosure of S. 4(1D) inserted by information that is made for the purpose of No. 79/2014 enabling— s. 49(3). (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. (2) Any person who is guilty of an offence under S. 4(2) amended by subsection (1A) is liable, if a corporation, to a Nos 9554 penalty of not more than 50 penalty units and, if a s. 2(2)(Sch. 2 item 104), person other than a corporation, to a penalty of not 8/1991 more than 20 penalty units or to imprisonment for s. 18(b). 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. (4) No prosecution for an offence under this section S. 4(4) amended by shall be commenced by any person without the No. 9848 sanction of the Director of Public Prosecutions. s. 18(1)( Sch.).
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.
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