New South Wales Consolidated Acts
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INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SECT 99
Punishment of contempt
99 Punishment of contempt
(1) Any contempt of the Commission under section 98 may be punished in
accordance with this section.
(2) A Commissioner may present to the Supreme
Court a certificate (in this Part called a
"contempt of the Commission certificate" ) in which the Commissioner sets out
the facts that constitute the alleged contempt.
(3) If a Commissioner
presents a contempt of the Commission certificate to the Supreme Court--
the Supreme Court shall thereupon inquire into the alleged contempt, and
after hearing any witnesses who may be produced against or on behalf of the
person charged with the contempt, and after hearing any statement that may be
offered in defence, the Supreme Court (if satisfied that the person is guilty
of the contempt) may punish or take steps for the punishment of the person in
like manner and to the like extent as if the person had committed that
contempt in or in relation to proceedings in the Supreme Court, and
provisions of the Supreme Court Act 1970 and the rules of court of the
Supreme Court shall, with any necessary adaptations, apply and extend
(4) Such a certificate is prima facie evidence of the matters
(5) Neither liability to be punished nor punishment under this
section for contempt referred to in section 98 (a) or (aa) excuses the
offender from attending before the Commission in obedience to the summons, and
a Commissioner may enforce attendance by warrant.
(6) A person is not liable
to be punished under this section where the person establishes that there was
a reasonable excuse for the act or omission concerned.
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