47CPowers of Commissioner in relation to alleged contempt

#### 47C Powers of Commissioner in relation to alleged contempt 47C Powers of Commissioner in relation to alleged contempt > > (1) The Commissioner may summon a contemnor to appear before the Commissioner at a time and place specified in the summons to show cause as to why the contemnor should not be dealt with under section 47B for the contempt. > > > (2) The summons must set out the details of the alleged contempt. > > > (3) The Commissioner may, on proof of the service of the summons— > > > > > (a) issue a warrant to arrest the contemnor, and > > > > > (b) bring the contemnor before the Commissioner to show cause as to why the contemnor should not be dealt with under section 47B for the contempt. > > > (4) Subsection (3) applies if— > > > > > (a) the contemnor fails to attend before the Commissioner as required by the summons, and > > > > > (b) no reasonable excuse to the satisfaction of the Commissioner is offered for the failure. > > > (5) If contempt of the Commission is committed in the face or hearing of the Commissioner, the Commissioner may direct that the contemnor— > > > > > (a) be taken into custody in a correctional centre or elsewhere— > > > > > > > (i) by a member of the NSW Police Force, or > > > > > > > (ii) by an officer of the Commission authorised by the Commissioner, and > > > > > > Note— > > > > > > A person in custody may be given into the keeping of a correctional officer—see the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093), section 250. > > > > > (b) be called on to show cause as to why the contemnor should not be dealt with under section 47B for the contempt. > > > (6) The Commissioner may issue a warrant— > > > > > (a) to arrest the contemnor while the contemnor, whether or not already in custody, is before the Commissioner, and > > > > > (b) to bring the contemnor before the Supreme Court as soon as practicable. > > > (7) The warrant is sufficient authority— > > > > > (a) for a member of the NSW Police Force to arrest the contemnor, and > > > > > (b) to deliver the contemnor into the custody of the governor of the correctional centre specified in the warrant, and > > > > > (c) for the governor of the correctional centre to detain the contemnor in the correctional centre until the contemnor is brought before the Supreme Court. > > > (8) The warrant must be accompanied by— > > > > > (a) the contempt of the Commission certificate, or > > > > > (b) a written statement setting out the details of the alleged contempt. > > > (9) The Commissioner may revoke the warrant at any time before the contemnor is brought before the Supreme Court. > > > (10) When the contemnor is brought before the Supreme Court, the Court may, until the determination of the matter, direct that the contemnor— > > > > > (a) be kept in custody as determined by the Court, or > > > > > (b) be released. > > **s 47C:** Ins 2022 No 55, Sch 2\[11\].