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INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SECT 100
General provisions regarding contempt
100 General provisions regarding contempt
(1) In the case of any alleged contempt of the Commission, a Commissioner may
summon the offender to appear before the Commission at a time and place named
in the summons to show cause why the offender should not be dealt with under
section 99 for the contempt.
(1A) The summons is to set out the details of
the alleged contempt.
(2) If the offender fails to attend before the
Commission in obedience to the summons, and no reasonable excuse to the
satisfaction of the Commissioner is offered for the failure, the Commissioner
may, on proof of the service of the summons, issue a warrant to arrest the
offender and bring the offender before the Commissioner to show cause why the
offender should not be dealt with under section 99 for the contempt.
(3) No
summons need be issued against an offender committing a contempt in the face
or hearing of the Commission, but the offender may, after being advised of the
details of the alleged contempt, be taken into custody in a prison or
elsewhere then and there by a member of the NSW Police Force and called upon
to show cause why the offender should not be dealt with under section 99 for
the contempt.
(4) A Commissioner may issue a warrant to arrest the offender
while the offender (whether or not already in custody under this section) is
before the Commission and to bring the offender forthwith before the Supreme
Court.
(5) The warrant is sufficient authority to detain the offender in a
prison or elsewhere, pending the offender's being brought before the Supreme
Court.
(6) The warrant is to be accompanied by the contempt of the Commission
certificate in which the Commissioner sets out the facts that constitute the
alleged contempt.
(7) A Commissioner may revoke the warrant at any time
before the offender is brought before the Supreme Court.
(8) When the
offender is brought before the Supreme Court, the Court may, pending
determination of the matter, direct that the offender be kept in such custody
as the Court may determine or direct that the offender be released.
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