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Magistrates Court Act 1930
312Failure to give evidence—committal
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312 Failure to give evidence—committal
(1) This section applies if the court is satisfied—
(a) that a witness before the court has contravened any of the
following provisions of the Criminal Code (the relevant Code
provisions):
(i) section 720 (Failing to produce document or other thing);
(ii) section 721 (Failing to take oath);
(iii) section 722 (Failing to answer question or give
information); or
(b) a person has contravened any of the relevant Code provisions in
relation to an examination before the registrar under the rules.
(a) adjourn the proceeding for not longer than 8 days; and
(b) order that the person be remanded in custody until the earlier of
the following:
(i) the date to which the proceeding is adjourned;
(ii) the person agrees to comply with the relevant Code
provisions.
Note The court must issue a warrant for the remand of the person in the
(3) If—
(a) the court has adjourned the proceeding, and ordered the person’s
remand, under subsection (2) or this subsection; and
(b) the person is later brought before the court; and
(c) the person does not consent to comply with the relevant Code
provisions;
the court may exercise the powers mentioned in subsection (2) in
relation to the person.
(4) The periods for which a person is remanded under this section must
not total more than 28 days.
(5) However, the court must not commit a person under subsection (2) or
(3) if the person is punished for an offence against any or the relevant
Code provisions in relation to the contravention mentioned in
subsection (1).