(1) Offence A person is guilty of an offence against this section if--
(a) the
person is an accused person or defendant in, or a party to, proceedings before
the Court or has been called to give evidence in proceedings before the Court,
and
(b) the person intentionally engages in behaviour in the Court during the
proceedings, and
(c) that behaviour is disrespectful to the Court or the
Judge presiding over the proceedings (according to established court practice
and convention).
: 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 an Australian legal practitioner appearing 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 or the Supreme Court in its summary jurisdiction.
(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 Justice for that
purpose.
(7) A Judge may refer any disrespectful behaviour in proceedings
over which the Judge is presiding to the Attorney General.
(8) Proceedings
for an offence against this section may be commenced only with the
authorisation of the Attorney General. Authorisation may be given by the
Attorney General whether or not the disrespectful behaviour is referred to the
Attorney General by a Judge under this section.
(9) Evidence An official
transcript or official audio or video recording of the proceedings in the
Court 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.
(10) The Judge presiding over the 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.
(11)
Contempt and double jeopardy This section does not affect any power with
respect to contempt or the exercise of any such power.
(12) 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.
