Technically I'm not the mover because of the strangeness of this procedure with which I am being forced to comply, since otherwise I lose my other rights. I'm not the mover; it's “deemed moved”. Yes, it's my amendment, but it is a very strange process, Madam Chair, I agree.
This amendment is attempting to deal with, again, ensuring that people who are witnesses or victims are given access to exercise their own rights under this section. This clarifies the application process to vary or revoke a publication ban. It's under section 486.5, which is on the discretionary publication bans.
The two categories are in the first part of my amendment. If a witness under the age of 18 or a victim who's subject to an order made under section 486.4 asks the prosecutor to have the ban varied or revoked, the prosecutor shall, as soon as feasible, make the application to vary or revoke that order on their behalf. If the court, for any reason, is unable to act, another court can vary or revoke the publication order.
The point here is to make sure that when a victim or witness who is the subject of a publication ban tries to have it removed, wants it varied or wants it revoked, there is a requirement that the prosecutor act on their behalf quickly, and that if they're not for any reason able to get to that court, another court shall hold the hearing as quickly as possible and determine whether the publication ban should remain in place; or, again—this is at the request of a witness under 18 or a victim subject of the order—that they have access to justice in getting the publication ban varied or revoked.