137Contempt

137 Contempt (1) A person is guilty of contempt of the Tribunal if they— (a) insult a member of the Tribunal while that member is performing functions as member; or (b) insult, obstruct or hinder a person attending a hearing before the Tribunal; or (c) misbehave at a hearing before the Tribunal; or (d) interrupt a hearing before the Tribunal; or (e) obstruct or hinder a person from complying with an order of the Tribunal or a summons to attend the Tribunal; or S. 137(1)(ea) inserted by No. 15/2018 s. 70(1). (ea) fail to comply with an order of the Tribunal in circumstances where, if the order were an order of the Supreme Court, the failure would constitute contempt of that Court; or (f) do any other act that would, if the Tribunal were the Supreme Court, constitute contempt of that Court. (2) If it is alleged or appears to the Tribunal that a person is guilty of contempt of the Tribunal, the Tribunal may— (a) direct that the person be arrested and brought before the Tribunal; or (b) issue a warrant for his or her arrest in the form prescribed by the rules. (3) On the person being brought before the Tribunal, the Tribunal must cause them to be informed of the contempt with which they are charged and thereafter adopt any procedure that the Tribunal thinks fit. S. 137(4) substituted by No. 79/2006 s. 59(1). (4) The **Bail Act 1977** applies, with any necessary modifications, to and in respect of a person brought before the Tribunal under this section as if— (a) the person were accused of an offence and were being held in custody in relation to that offence; and S. 137(4)(b) amended by No. 26/2017 s. 28. (b) the Tribunal were a bail decision maker within the meaning of that Act. (5) If the Tribunal finds that the person is guilty of contempt of the Tribunal, it may— S. 137(5)(a) amended by No. 10/2004 s. 15(Sch. 1 item 34.1). (a) in the case of a natural person, commit the person to prison for a term of not more than 5 years or impose a fine of not more than an amount that is 1000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the **Monetary Units Act 2004** or do both; S. 137(5)(b) amended by No. 10/2004 s. 15(Sch. 1 item 34.2). (b) in the case of a corporation, impose a fine of not more than an amount that is 5000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the **Monetary Units Act 2004**. S. 137(5A) inserted by No. 79/2006 s. 59(2). (5A) In considering whether, and the term for which, to commit a person to prison for a contempt, the Tribunal may have regard to the provisions of Part 2 of the **Sentencing Act 1991** as if it were a court considering imposing a sentence of imprisonment in respect of an offence. (6) If a person is committed to prison for a term, the Tribunal may order his or her discharge before the end of the term. (7) The Tribunal may accept an apology for a contempt and may remit any punishment for it either wholly or in part. (8) A warrant for the committal of a person found guilty of contempt of the Tribunal must be in the form prescribed by the rules. (9) A fine imposed on a person under this section may be enforced as if it were a fine imposed on that person by the Supreme Court on finding them guilty of an offence. S. 137(10) amended by Nos 51/2000 s. 26(a), 15/2018 s. 70(2). (10) A power conferred on the Tribunal by this section is exercisable only by a presidential member. S. 137(11) repealed by No. 51/2000 s. 26(b).