sec.10Punishment of contempt of a commission

### sec.10 Punishment of contempt of a commission Any contempt, under any of the provisions of section 9 , of a commission may be punished by the chairperson as provided in this section. In a case where the chairperson is not a judge of the Supreme Court, that chairperson— may punish the offender summarily by imposing upon the offender such penalty not exceeding 2 penalty units as the chairperson thinks fit; or may, in lieu of the chairperson punishing the offender, certify the contempt under the chairperson’s hand to the Supreme Court. In a case where the chairperson is a judge of the Supreme Court, that chairperson— may punish the offender in the like manner and to the like extent as if that contempt were a contempt of the Supreme Court committed by that offender in or in relation to an action or trial in the Supreme Court presided over by that judge; or may, in lieu of the chairperson punishing the offender, certify the contempt under the chairperson’s hand to the Supreme Court. An act or omission by a witness or by a person summoned to appear before a commission as a witness shall not be punished under this section by the chairperson, or by a judge of the Supreme Court who is not the chairperson, as contempt of the commission concerned where that witness or person satisfies the chairperson or, as the case may be, that judge of reasonable excuse for the person’s act or omission. However, a person may be punished in the person’s absence for a contempt specified in subsection (4) , but in that event the penalty imposed shall not be enforced if, at any time within 7 days (or such longer period as the chairperson or, if the punishment shall have been imposed by a judge of the Supreme Court who is not the chairperson, that judge may allow) after the imposition thereof, that person satisfies the chairperson or, as the case may be, the aforementioned judge of reasonable excuse for the person’s act or omission. Where the chairperson certifies the contempt of a commission to the Supreme Court— the Supreme Court shall thereupon inquire into the alleged contempt; and having regard to the evidence produced against or on behalf of the person charged with contempt and any statement that may be offered on behalf of that person the Supreme Court (if satisfied that the person is guilty of the contempt) may punish or take steps for the punishment of the person in like manner and to the like extent as if the person had committed the contempt in or in relation to proceedings in the Supreme Court; and the Rules of the Supreme Court shall with any necessary adaptations, apply and extend accordingly. Where a contempt of a commission is committed in the face of that commission no summons need be issued against the offender, nor need any evidence be taken on oath, but the offender may be taken into custody then and there by a police officer by order of the chairperson, and called upon to show cause why the offender should not be punished by that chairperson. In the case of a contempt of a commission under section 9 (2) (c) , (d) , (g) , (h) or (i) committed otherwise than in the face of that commission the chairperson may, by writing under the chairperson’s hand, summon the offender to attend before that commission at a time and place named in the summons to show cause why the offender should not be punished by the chairperson for that contempt. If that person fails to attend before the commission in obedience to the summons, and no reasonable excuse to the satisfaction of the chairperson is offered for such failure, the chairperson may, on proof of the service of the summons, issue a warrant to apprehend that person and bring the person before the commission to show cause as aforesaid. In the case of a contempt of a commission under section 9 (2) (c) , (e) or (f) the offender may be excluded from the place where that commission is sitting by order of the chairperson, and the chairperson may, whether the offender is so excluded or not, punish the offender or certify the offence as provided in this section. s 10 amd 1988 No. 58 s 6 ; 1995 No. 58 s 4 sch 1 (sec.10-ssec.1) Any contempt, under any of the provisions of section 9 , of a commission may be punished by the chairperson as provided in this section. (sec.10-ssec.2) In a case where the chairperson is not a judge of the Supreme Court, that chairperson— may punish the offender summarily by imposing upon the offender such penalty not exceeding 2 penalty units as the chairperson thinks fit; or may, in lieu of the chairperson punishing the offender, certify the contempt under the chairperson’s hand to the Supreme Court. (sec.10-ssec.3) In a case where the chairperson is a judge of the Supreme Court, that chairperson— may punish the offender in the like manner and to the like extent as if that contempt were a contempt of the Supreme Court committed by that offender in or in relation to an action or trial in the Supreme Court presided over by that judge; or may, in lieu of the chairperson punishing the offender, certify the contempt under the chairperson’s hand to the Supreme Court. (sec.10-ssec.4) An act or omission by a witness or by a person summoned to appear before a commission as a witness shall not be punished under this section by the chairperson, or by a judge of the Supreme Court who is not the chairperson, as contempt of the commission concerned where that witness or person satisfies the chairperson or, as the case may be, that judge of reasonable excuse for the person’s act or omission. (sec.10-ssec.4A) However, a person may be punished in the person’s absence for a contempt specified in subsection (4) , but in that event the penalty imposed shall not be enforced if, at any time within 7 days (or such longer period as the chairperson or, if the punishment shall have been imposed by a judge of the Supreme Court who is not the chairperson, that judge may allow) after the imposition thereof, that person satisfies the chairperson or, as the case may be, the aforementioned judge of reasonable excuse for the person’s act or omission. (sec.10-ssec.5) Where the chairperson certifies the contempt of a commission to the Supreme Court— the Supreme Court shall thereupon inquire into the alleged contempt; and having regard to the evidence produced against or on behalf of the person charged with contempt and any statement that may be offered on behalf of that person the Supreme Court (if satisfied that the person is guilty of the contempt) may punish or take steps for the punishment of the person in like manner and to the like extent as if the person had committed the contempt in or in relation to proceedings in the Supreme Court; and the Rules of the Supreme Court shall with any necessary adaptations, apply and extend accordingly. (sec.10-ssec.6) Where a contempt of a commission is committed in the face of that commission no summons need be issued against the offender, nor need any evidence be taken on oath, but the offender may be taken into custody then and there by a police officer by order of the chairperson, and called upon to show cause why the offender should not be punished by that chairperson. (sec.10-ssec.7) In the case of a contempt of a commission under section 9 (2) (c) , (d) , (g) , (h) or (i) committed otherwise than in the face of that commission the chairperson may, by writing under the chairperson’s hand, summon the offender to attend before that commission at a time and place named in the summons to show cause why the offender should not be punished by the chairperson for that contempt. (sec.10-ssec.7A) If that person fails to attend before the commission in obedience to the summons, and no reasonable excuse to the satisfaction of the chairperson is offered for such failure, the chairperson may, on proof of the service of the summons, issue a warrant to apprehend that person and bring the person before the commission to show cause as aforesaid. (sec.10-ssec.8) In the case of a contempt of a commission under section 9 (2) (c) , (e) or (f) the offender may be excluded from the place where that commission is sitting by order of the chairperson, and the chairperson may, whether the offender is so excluded or not, punish the offender or certify the offence as provided in this section. - (a) may punish the offender summarily by imposing upon the offender such penalty not exceeding 2 penalty units as the chairperson thinks fit; or - (b) may, in lieu of the chairperson punishing the offender, certify the contempt under the chairperson’s hand to the Supreme Court. - (a) may punish the offender in the like manner and to the like extent as if that contempt were a contempt of the Supreme Court committed by that offender in or in relation to an action or trial in the Supreme Court presided over by that judge; or - (b) may, in lieu of the chairperson punishing the offender, certify the contempt under the chairperson’s hand to the Supreme Court. - (a) the Supreme Court shall thereupon inquire into the alleged contempt; and - (b) having regard to the evidence produced against or on behalf of the person charged with contempt and any statement that may be offered on behalf of that person the Supreme Court (if satisfied that the person is guilty of the contempt) may punish or take steps for the punishment of the person in like manner and to the like extent as if the person had committed the contempt in or in relation to proceedings in the Supreme Court; and - (c) the Rules of the Supreme Court shall with any necessary adaptations, apply and extend accordingly.