New South Wales Consolidated Acts New South Wales Consolidated Acts(cf ICAC Act s 99; RC Act s 18B)
(1) A contempt of the Commission may be punished in accordance with this section.
(2) The Commissioner may present to the Supreme Court a certificate setting out the details which the Commissioner considers constitutes the contempt.
(3) If the Commissioner presents such a certificate to the Supreme Court:(a) the Supreme Court is required thereupon to inquire into the alleged contempt, and(b) after hearing any witnesses who may be produced against or on behalf of the person charged with the contempt, and after hearing any statement that may be offered in defence, the Supreme Court (if satisfied that the person is guilty of the contempt) may punish or take steps for the punishment of the person in like manner and to the same extent as if the person had committed that contempt in or in relation to proceedings in the Supreme Court, and(c) the provisions of the Supreme Court Act 1970 and the rules of court of the Supreme Court, with any necessary adaptations, apply and extend accordingly.
(4) Such a certificate is prima facie evidence of the matters certified.
(5) Neither liability to be punished nor punishment under this section for contempt consisting of failure to attend as a witness in obedience to a summons (or failure to appear and report as a witness in accordance with a condition of release) excuses the offender from such attendance, and the Commissioner may enforce attendance by warrant.
(6) A person is not liable to be punished under this section where the person establishes that there was a reasonable excuse for the act or omission concerned.