: Maximum
penalty--14 days imprisonment or 10 penalty units, or both.
(2) In this
section,
"behaviour" means any act or failure to act.
(3) This section does not apply
to the following persons--
(a) an Australian legal practitioner appearing in
that capacity,
(b) a person assisting the coroner, but only when acting in
that capacity.
(4) Proceedings for offences Proceedings against a person for
an offence against this section are to be dealt with summarily before--
(a) if
the person is a child--the Children's Court, or
(b) if the person is not a
child--the Local Court.
(5) Proceedings for an offence against this section
may be brought at any time within 12 months after the date of the alleged
offence.
(6) Proceedings for an offence against this section may be brought
only by a person or a member of a class of persons authorised, in writing, by
the Secretary of the Department of Communities and Justice for that purpose.
(7) A coroner may refer any disrespectful behaviour in proceedings over which
the coroner is presiding to the Attorney General, and Minister for the
Prevention of Domestic Violence.
(8) An assistant coroner cannot refer a
matter to the Attorney General, and Minister for the Prevention of Domestic
Violence under this section, but may instead refer the matter to a coroner.
(9) Proceedings for an offence against this section may be commenced only with
the authorisation of the Attorney General, and Minister for the Prevention of
Domestic Violence. Authorisation may be given by the Attorney General, and
Minister for the Prevention of Domestic Violence whether or not the
disrespectful behaviour is referred to the Attorney General, and Minister for
the Prevention of Domestic Violence by a coroner under this section.
(10)
Evidence An official transcript or official audio or video recording of the
coronial proceedings is admissible in evidence in proceedings for an offence
against this section and is evidence of the matter included in the transcript
or audio or video recording.
(11) The coroner or assistant coroner presiding
over the coronial proceedings in which the alleged disrespectful behaviour
occurred cannot be required to give evidence in proceedings before any court
for an offence against this section.
(12) Contempt and double jeopardy This
section does not affect any power with respect to contempt or the exercise of
any such power.
(13) A person cannot be prosecuted for an offence against
this section and proceeded against for contempt in respect of essentially the
same behaviour. However, nothing in this section prevents proceedings for
contempt in respect of behaviour that constitutes an offence against this
section.
