Queensland Consolidated Acts

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CRIME AND MISCONDUCT ACT 2001 - SECT 199

199 Punishment of contempt

(1) A person's contempt of the presiding officer conducting a commission hearing may be punished under this section.

(2) The presiding officer may certify the contempt in writing to the Supreme Court (the court).

(3) For subsection (2), it is enough for the presiding officer to be satisfied that there is evidence of contempt.

(4) The presiding officer may issue a warrant directed to a police officer or all police officers for the apprehension of the person to be brought before the Supreme Court to be dealt with according to law.

(5) The Bail Act 1980 applies to the proceeding for the contempt started by the certification in the same way it applies to a charge of an offence.

(6) The court must inquire into the alleged contempt.

(7) The court must hear—

(a) witnesses and evidence that may be produced against or for the person whose contempt was certified; and
(b) any statement given by the person in defence.

(8) If the court is satisfied the person has committed the contempt, the court may punish the person as if the person had committed the contempt in relation to proceedings in the court.

(9) The Uniform Civil Procedure Rules 1999 apply to the court's investigation, hearing and power to punish, with necessary changes.

(10) The presiding officer's certificate of contempt is evidence of the matters contained in the certificate.

(11) The person is not excused from attending before a commission hearing in obedience to an attendance notice only because the person is punished or liable to punishment under this section for contempt of the presiding officer.



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