sec.50Contempt

### sec.50 Contempt A person is in contempt of a Magistrates Court if the person— without lawful excuse, fails to comply with an order of the court, other than an order mentioned in paragraph (e) , or an undertaking given to the court; or wilfully insults a magistrate or a registrar, bailiff, or other court officer during the person’s sitting or attendance in court, or in going to or returning from the court; or wilfully interrupts the proceedings of the court or otherwise misbehaves himself or herself in court; or unlawfully obstructs or assaults someone in attendance in court; or without lawful excuse, disobeys a lawful order or direction of the court at the hearing of any proceeding; or commits any other contempt of the court. A contempt under subsection (1) must be dealt with in the way prescribed under the rules. However— a contempt mentioned in subsection (1) (a) may be punished by a maximum penalty of 200 penalty units or 3 years imprisonment; and a contempt mentioned in subsection (1) (b) to (f) may be punished by a maximum penalty of 84 penalty units or 1 year’s imprisonment. Without limiting the court’s power to punish for contempt, the court may order a person committing a contempt to be excluded from the room or other place in which the court is sitting. A bailiff or other court officer acting under the court’s order may, using necessary and reasonable help and force, take the person into custody and detain the person until the court rises. Before the court rises, the court may— ask the person to explain why the person should not be punished; or adjourn the matter to be dealt with on a stated date. If the court acts under subsection (6) (a) , the court may deal with the person immediately. s 50 ins 1975 No. 23 s 8 amd 1995 No. 23 s 17 sch 2 sub 1998 No. 20 s 27 sch 2 amd 1999 No. 66 s 27 ; 2010 No. 42 s 154 sch (sec.50-ssec.1) A person is in contempt of a Magistrates Court if the person— without lawful excuse, fails to comply with an order of the court, other than an order mentioned in paragraph (e) , or an undertaking given to the court; or wilfully insults a magistrate or a registrar, bailiff, or other court officer during the person’s sitting or attendance in court, or in going to or returning from the court; or wilfully interrupts the proceedings of the court or otherwise misbehaves himself or herself in court; or unlawfully obstructs or assaults someone in attendance in court; or without lawful excuse, disobeys a lawful order or direction of the court at the hearing of any proceeding; or commits any other contempt of the court. (sec.50-ssec.2) A contempt under subsection (1) must be dealt with in the way prescribed under the rules. (sec.50-ssec.3) However— a contempt mentioned in subsection (1) (a) may be punished by a maximum penalty of 200 penalty units or 3 years imprisonment; and a contempt mentioned in subsection (1) (b) to (f) may be punished by a maximum penalty of 84 penalty units or 1 year’s imprisonment. (sec.50-ssec.4) Without limiting the court’s power to punish for contempt, the court may order a person committing a contempt to be excluded from the room or other place in which the court is sitting. (sec.50-ssec.5) A bailiff or other court officer acting under the court’s order may, using necessary and reasonable help and force, take the person into custody and detain the person until the court rises. (sec.50-ssec.6) Before the court rises, the court may— ask the person to explain why the person should not be punished; or adjourn the matter to be dealt with on a stated date. (sec.50-ssec.7) If the court acts under subsection (6) (a) , the court may deal with the person immediately. - (a) without lawful excuse, fails to comply with an order of the court, other than an order mentioned in paragraph (e) , or an undertaking given to the court; or - (b) wilfully insults a magistrate or a registrar, bailiff, or other court officer during the person’s sitting or attendance in court, or in going to or returning from the court; or - (c) wilfully interrupts the proceedings of the court or otherwise misbehaves himself or herself in court; or - (d) unlawfully obstructs or assaults someone in attendance in court; or - (e) without lawful excuse, disobeys a lawful order or direction of the court at the hearing of any proceeding; or - (f) commits any other contempt of the court. - (a) a contempt mentioned in subsection (1) (a) may be punished by a maximum penalty of 200 penalty units or 3 years imprisonment; and - (b) a contempt mentioned in subsection (1) (b) to (f) may be punished by a maximum penalty of 84 penalty units or 1 year’s imprisonment. - (a) ask the person to explain why the person should not be punished; or - (b) adjourn the matter to be dealt with on a stated date.