New South Wales Consolidated Acts

ROYAL COMMISSIONS ACT 1923 - SECT 18B

18B Punishment of contempt

(1) A contempt of a 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 constitute the contempt.

(3) If the commissioner presents such a certificate to the Supreme Court:

(a) the Supreme Court shall thereupon 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 like 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 shall, 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 before the commission as a witness in obedience to a summons excuses the offender from such attendance, and the commissioner may enforce attendance by warrant under section 16 or by exercise of any other available power.

(6) A contempt of a commission may not be punished by a commissioner under section 18.