QLDIn ForceAct
Crime and Corruption Act 2001
sec.198Contempt of person conducting commission hearing
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### sec.198 Contempt of person conducting commission hearing
A person is in contempt of the presiding officer conducting a commission hearing if the person—
insults the member while the member is conducting the hearing; or
deliberately interrupts the hearing; or
at the hearing, contravenes a provision of this Act relating to the hearing; or
creates or continues or joins in creating or continuing, a disturbance in or near a place where the presiding officer is conducting the hearing; or
does anything at the hearing or otherwise that would be contempt of court if the presiding officer were a judge acting judicially.
The presiding officer may order that a person who under subsection (1) is in contempt of the commission at a hearing be excluded from the place where the hearing is being conducted.
A commission officer, acting under the presiding officer’s order, may, using necessary and reasonable help and force, exclude the person from the place.
To remove any doubt, it is declared that the following contraventions relating to a hearing may be certified in writing to the Supreme Court under section 199 as a contempt of the presiding officer—
a failure by a person, under section 183 , to take an oath when required by the presiding officer;
a failure by a person, under section 185 , to produce a document or thing at a commission hearing under an attendance notice or immediate production requirement (hearing) without reasonable excuse;
a failure by a person, under section 189 , to answer a question put to the person at the hearing by the presiding officer without reasonable or lawful excuse.
s 198 amd 2013 No. 45 s 28 ; 2013 No. 64 s 39 ; 2024 No. 41 s 27
(sec.198-ssec.1) A person is in contempt of the presiding officer conducting a commission hearing if the person— insults the member while the member is conducting the hearing; or deliberately interrupts the hearing; or at the hearing, contravenes a provision of this Act relating to the hearing; or creates or continues or joins in creating or continuing, a disturbance in or near a place where the presiding officer is conducting the hearing; or does anything at the hearing or otherwise that would be contempt of court if the presiding officer were a judge acting judicially.
(sec.198-ssec.2) The presiding officer may order that a person who under subsection (1) is in contempt of the commission at a hearing be excluded from the place where the hearing is being conducted.
(sec.198-ssec.3) A commission officer, acting under the presiding officer’s order, may, using necessary and reasonable help and force, exclude the person from the place.
(sec.198-ssec.4) To remove any doubt, it is declared that the following contraventions relating to a hearing may be certified in writing to the Supreme Court under section 199 as a contempt of the presiding officer— a failure by a person, under section 183 , to take an oath when required by the presiding officer; a failure by a person, under section 185 , to produce a document or thing at a commission hearing under an attendance notice or immediate production requirement (hearing) without reasonable excuse; a failure by a person, under section 189 , to answer a question put to the person at the hearing by the presiding officer without reasonable or lawful excuse.
- (a) insults the member while the member is conducting the hearing; or
- (b) deliberately interrupts the hearing; or
- (c) at the hearing, contravenes a provision of this Act relating to the hearing; or
- (d) creates or continues or joins in creating or continuing, a disturbance in or near a place where the presiding officer is conducting the hearing; or
- (e) does anything at the hearing or otherwise that would be contempt of court if the presiding officer were a judge acting judicially.
- (a) a failure by a person, under section 183 , to take an oath when required by the presiding officer;
- (b) a failure by a person, under section 185 , to produce a document or thing at a commission hearing under an attendance notice or immediate production requirement (hearing) without reasonable excuse;
- (c) a failure by a person, under section 189 , to answer a question put to the person at the hearing by the presiding officer without reasonable or lawful excuse.