INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SECT 100 General provisions regarding contempt

INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SECT 100

100 General provisions regarding contempt

(1) In the case of any alleged contempt of the Commission, a Commissioner may summon the offender to appear before the Commission at a time and place named in the summons to show cause why the offender should not be dealt with under section 99 for the contempt.

(1A) The summons is to set out the details of the alleged contempt.

(2) If the offender fails to attend before the Commission in obedience to the summons, and no reasonable excuse to the satisfaction of the Commissioner is offered for the failure, the Commissioner may, on proof of the service of the summons, issue a warrant to arrest the offender and bring the offender before the Commissioner to show cause why the offender should not be dealt with under section 99 for the contempt.

(3) No summons need be issued against an offender committing a contempt in the face or hearing of the Commission, but the offender may, after being advised of the details of the alleged contempt, be taken into custody in a prison or elsewhere then and there by a member of the NSW Police Force and called upon to show cause why the offender should not be dealt with under section 99 for the contempt.

(4) A Commissioner may issue a warrant to arrest the offender while the offender (whether or not already in custody under this section) is before the Commission and to bring the offender forthwith before the Supreme Court.

(5) The warrant is sufficient authority to detain the offender in a prison or elsewhere, pending the offender's being brought before the Supreme Court.

(6) The warrant is to be accompanied by the contempt of the Commission certificate in which the Commissioner sets out the facts that constitute the alleged contempt.

(7) A Commissioner may revoke the warrant at any time before the offender is brought before the Supreme Court.

(8) When the offender is brought before the Supreme Court, the Court may, pending determination of the matter, direct that the offender be kept in such custody as the Court may determine or direct that the offender be released.