17CContempt

17C Contempt

[Section 17C Inserted by No. 43 of 2006, s. 56, Applied:18 Dec 2006]

(1)  A person must not do anything that would, if the Commission were a court of record, constitute a contempt of that court.

(2)  A person’s contempt of the Commission may be referred to the Supreme Court under this section.

(3)  The Commission may certify the contempt in writing to the Supreme Court.

(4)  For the purposes of subsection (3) , it is enough for the Commission to be satisfied that there is evidence of contempt.

(5)  The Commission may issue a warrant directed to a police officer or all police officers for the arrest of the person to be brought before the Supreme Court to be dealt with according to law.

(6)  The Bail Act 1994 applies to the proceeding for the contempt started by the certification in the same way as it applies to a charge of an offence.

(7)  The Supreme Court must inquire into the alleged contempt.

(8)  The Supreme Court must hear –

(a) witnesses and evidence that may be produced against or for the person whose contempt was certified; and

(b) any statement given by the person in defence.

(9)  If the Supreme Court is satisfied that the person has committed the contempt, the Court may punish the person as if the person had committed the contempt in relation to proceedings in that Court.

(10)  The Rules of the Supreme Court apply to the Court’s investigation, hearing and power to punish with necessary changes.

(11)  The Commission's certificate of contempt is evidence of the matters contained in the certificate.