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, 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