The Act provides a graded enforcement regime combining administrative compulsion, criminal penalties, and police enforcement. There are three core penalty brackets set out in the Act and associated enforcement mechanisms.
First bracket , witness/non‑cooperation penalties under s 11(1): the chairman may commit to gaol for up to three months or impose a penalty not exceeding $1,000 for a range of conduct by a person who has been personally served with a summons and whose expenses have been paid or tendered. The enumerated behaviours include neglecting to attend after personal service (s 11(1)(a)), wilfully insulting the commission (s 11(1)(b)), using words false and defamatory of the commission (s 11(1)(c)), misbehaviour, interruption, refusal to be sworn or to produce documents, prevarication or refusal to answer lawful questions (s 11(1)(d)-(f)). The chairman can, in default of immediate payment of a penalty, commit the person to gaol for up to three months unless the penalty is sooner paid (s 11(1) second limb).
Enforcement instruments for s 11 matters: the chairman may issue warrants in the form set out in Schedule 1 (s 11(2)) and Schedule 2 (s 11(3)). These warrants are directed to the Commissioner of Police and all members of the police force and to the Keeper of the gaol. The Act stipulates that such warrants are "good and valid in law without any other warrant, order, or process whatsoever" and that police and gaolers "may and shall obey" them (s 11(2)). This places an onus on policing and custodial authorities to execute chairman-issued warrants.
Second bracket , publication controls under s 16A(3): the commission may, by order, forbid publication of specified evidence or identifying information or direct persons to absent themselves from proceedings for public interest or to prevent undue prejudice or hardship (s 16A(1)). Breach of such an order is a separate offence punishable by a penalty not exceeding $2,000 or imprisonment for six months (s 16A(3)). The commission may vary or revoke an order (s 16A(2)). The Act therefore creates a civil/criminal enforcement point for publication controls exercised by the commission itself.
Third bracket , regulatory penalties under s 23(2)(d): regulations made by the Governor may prescribe penalties not exceeding $500 for breach of, or non-compliance with, a regulation. These are lower quantum penalties tied to regulatory instruments rather than to the commission’s core powers.
Magistrate-issued enforcement: s 11A allows a magistrate, on application verified by affidavit, to issue a summons requiring a person to appear and produce documents, and where a person has been served and tendered expenses but has failed to attend, the magistrate may issue a warrant to apprehend and bring the person before the commission (s 11A(1)(a)-(b), s 11A(2)). A person brought before the commission pursuant to such a warrant may be dealt with according to s 11 (s 11A(3)). Thus, magistrates provide an auxiliary judicial enforcement option.
Procedural constraints on enforcement: the Act conditions certain enforcement steps on prior procedural acts. For example, s 11(1)(a) makes the chairman’s power to punish for failure to attend conditional on the person having been personally served with a summons and having had expenses paid or tendered. Similarly, s 11(3) requires proof of service and tender of expenses before the chairman may issue a Schedule 2 warrant to bring a non-attending person before the commission.
Limitations on judicial challenge: s 9 provides that no decision, determination, certificate or other act or proceeding of the commission shall be questioned or reviewed or be restrained by prohibition, injunction, certiorari or otherwise. This removes standard judicial review remedies against commission acts, thereby concentrating enforcement and sanctioning authority within the commission and specified magistrate processes set out in the Act.
Operational enforcement requirements on police and correctional staff: Schedules 1 and 2 set out the form of warrants that police and gaolers must obey (Schedules 1-2) and s 11(2) expressly directs police and the Keeper of the gaol to comply. The Act thus creates duties for law enforcement and corrections to execute executive-issued warrants without further process.