Western Australian Consolidated Acts

CHILDREN'S COURT OF WESTERN AUSTRALIA ACT 1988 - SECT 29

29 .         Witnesses and contempt

        (1)         The Court may, by summons issued by a judge, magistrate, JP or registrar, summon witnesses for examination on oath, in the manner provided for proceedings before the Magistrates Court for simple offences.

        (2)         A person who, being required by summons to attend as a witness fails, without reasonable excuse, to appear at the time and place specified in the summons or who, being in attendance whether voluntarily or pursuant to a summons, refuses to be sworn or to make an affirmation or refuses to answer any lawful question is guilty of contempt of court.

        (3)         A person who wilfully insults the Court or a judge or magistrate, or a JP constituting the Court, wilfully interrupts the proceedings of the Court, or who hinders, obstructs, threatens or assaults any officer, party or witness in attendance before, or going to or returning from, the Court, is guilty of contempt of court.

        (4)         A person who is guilty of contempt of court under subsection (2) or (3) may be summarily convicted by the Court and on conviction is liable to imprisonment for a term not exceeding 12 months, or to a fine not exceeding $5 000, or to both, or in default of immediate payment of the fine imposed, to imprisonment —

            (a)         until the fine is paid; or

            (b)         for a term not exceeding 12 months,

                whichever may be the shorter period.

        (5)         This section applies in relation to an act or omission by a person outside the State as if it were an act or omission by the person in the State.

        [Section 29 amended by No. 59 of 2004 s. 73; No. 7 of 2008 s. 153.]