101AQuestion of law concerning criminal contempt may be submitted to Court of Appeal

#### 101A Question of law concerning criminal contempt may be submitted to Court of Appeal 101A Question of law concerning criminal contempt may be submitted to Court of Appeal > > (1) At any time after the conclusion of contempt proceedings in which the alleged contemnor is found not to have committed contempt, the Attorney General may submit to the Court of Appeal any question of law arising from or in connection with the proceedings. > > > (2) The Attorney General must submit with the question to be determined a statement of the circumstances out of which the question arose, and thereafter must furnish such further statement as the Court of Appeal may require. > > > (3) The Court of Appeal has jurisdiction to hear and determine any question submitted to it under this section. > > > (4) The determination of the Court of Appeal of the question submitted does not in any way affect or invalidate any finding or decision given in the contempt proceedings. > > > (5) The alleged contemnor is entitled to be heard on the question submitted and, if it appears that the alleged contemnor does not propose to be represented, the Attorney General is to instruct an Australian legal practitioner to argue the question before the Court of Appeal on behalf of the person. > > > (6) The reasonable costs of legal representation of the alleged contemnor in proceedings under this section are to be paid by the Crown. > > > (7) Unless the Court orders otherwise (whether on the application of a party to the proceedings or of its own accord), proceedings under this section are to be held in camera, except that an Australian legal practitioner may be present at the proceedings for the purpose of reporting the case for any lawful purpose of the Council of Law Reporting for New South Wales. > > > (8) A person— > > > > > (a) must not publish any report of any submission made under subsection (1), and > > > > > (b) must not publish any report of proceedings under this section so as to disclose the name or identity of the alleged contemnor unless the contemnor has, during the proceedings, consented to his or her name or identity being disclosed. > > > (9) Any publication in contravention of subsection (8) is punishable as contempt of the Court. > > > (10) In this section— > > > > alleged contemnor means the person charged with contempt in contempt proceedings. > > > > contempt means contempt of the Court or of any other court. > > > > contempt proceedings means proceedings before the Court in a Division for the punishment of contempt. > > > (11) This section applies to criminal contempt only, and does not apply to civil contempt. > > **s 101A:** Ins 1996 No 111, Sch 1.8 \[11\]. Am 2000 No 31, Sch 13 \[2\] \[3\]; 2005 No 98, Sch 3.49 \[2\] \[3\].