AUSTRALIAN CRIME COMMISSION ACT 2002 - SECT 34B Federal Court or Supreme Court to deal with contempt

AUSTRALIAN CRIME COMMISSION ACT 2002 - SECT 34B

  (1)   If an examiner is of the opinion that, during an examination before the examiner, a person is in contempt of the ACC, the examiner may apply to either of the following courts for the person to be dealt with in relation to the contempt:

  (a)   the Federal Court;

  (b)   the Supreme Court of the State or Territory in which the examination to which the contempt relates is being conducted.

  (2)   Before making the application, the examiner must inform the person that the examiner proposes to make the application.

  (3)   The application must be accompanied by a certificate that states:

  (a)   the grounds for making the application; and

  (b)   evidence in support of the application.

  (4)   A copy of the certificate must be given to the person before, or at the same time as, the application is made.

  (5)   If, after:

  (a)   considering the matters specified in the certificate; and

  (b)   hearing or receiving any evidence or statements by or in support of the ACC; and

  (c)   hearing or receiving any evidence or statements by or in support of the person;

the Court to which the application was made finds that the person was in contempt of the ACC, the Court may deal with the person as if the acts or omissions involved constituted a contempt of that Court.

  (6)   For the purposes of determining whether a person is in contempt of the ACC under subsection   (1), Chapter   2 of the Criminal Code applies as if:

  (a)   contempt of the ACC were an offence; and

  (b)   references to a person being criminally responsible for an offence were references to a person being responsible for contempt of the ACC.