ROYAL COMMISSIONS ACT 1968 - SECT 15B

ROYAL COMMISSIONS ACT 1968 - SECT 15B

15B .         Punishment of contempt of Commission

        (1)         In this section and sections 15C to 15E —

        defendant means a person alleged to be in contempt of a Commission.

        (2)         Where a contempt of a Commission is alleged to have taken place, the Commission may present to the Supreme Court a certificate setting out the details of the act or omission that the Commission considers constitutes the alleged contempt.

        (3)         Unless the defendant has been —

            (a)         required under section 15C to show cause why the defendant should not be dealt with under section 15B for contempt of the Commission; or

            (b)         apprehended under a warrant under section 15C(4),

                the Commission is to give the defendant a written statement setting out the details of the alleged contempt.

        (4)         A certificate presented under subsection (2) is prima facie evidence of the matters certified in it.

        (5)         Where a certificate is presented under subsection (2), the Supreme Court has jurisdiction as if the alleged contempt were a contempt of that Court.

        (6)         A Commissioner cannot be compelled to attend before the Supreme Court to give evidence in proceedings for an alleged contempt of a Commission.

        (7)         A record or transcript of the proceedings of a Commission is admissible in evidence in proceedings for an alleged contempt of the Commission.

        (8)         A person is not liable to be punished for contempt under this section in respect of failure to comply with a summons served under section 9 if, in the case of a failure to produce any documents, books, writings or things, the person proves that the documents, books, writings or things were not relevant to the inquiry.

        (9)         If the appointment of a Commission ends before a certificate has been presented under subsection (2) in relation to an alleged contempt, the alleged contempt may be dealt with on the motion of the Attorney General as if the person concerned were in contempt of the Supreme Court and the Supreme Court has jurisdiction accordingly.

        [Section 15B inserted: No. 30 of 2006 s. 8.]