New South Wales Consolidated Acts

CONSUMER, TRADER AND TENANCY TRIBUNAL ACT 2001 - SECT 42

42 Contempt of Tribunal

(1) A person is guilty of contempt of the Tribunal if:

(a) the person fails to attend in obedience to a summons after having been served with a summons to attend before the Tribunal as a witness, or

(b) the person fails to produce any document or other thing in the person’s custody or control that the person is required by a summons to produce after having been served with a summons to attend before the Tribunal, or

(c) the person refuses to be sworn or to make an affirmation or refuses or otherwise fails to answer any question that is put to the person by the Tribunal after being called or examined as a witness before the Tribunal, or

(d) the person wilfully threatens or insults:

(i) a member, assessor or officer of the Tribunal, or

(ii) any witness or person summoned to attend before the Tribunal, or

(iii) any person who is a party in the proceedings concerned, or

(iv) any person who is authorised to appear before the Tribunal, or

(e) the person misbehaves himself or herself before the Tribunal, or

(f) the person interrupts the proceedings of the Tribunal, or

(g) the person obstructs or attempts to obstruct the Tribunal, a member of the Tribunal or a person acting with the authority of the Tribunal in the exercise of any lawful function, or

(h) the person publishes, or permits or allows to be published, any evidence given before the Tribunal or any of the contents of a document produced at a hearing that the Tribunal has ordered not to be published, or

(i) the person publishes, or permits or allows to be published, any evidence given before the Tribunal at a hearing held in private or any of the contents of a document produced at a hearing held in private, except to an officer or member of the Tribunal or as permitted by the Tribunal or by the regulations, or

(j) the person does any other thing that, if the Tribunal were a court of law having power to commit for contempt, would be contempt of that court,

unless the person establishes that there was a reasonable excuse for the act or omission concerned.

(2) Section 24 of the Local Court Act 2007 applies to and in respect of contempt of the Tribunal, when constituted by (or by members that include) the Chairperson or the Deputy Chairperson (Determinations), in the same way as that section applies to and in respect of contempt of the Local Court.