New South Wales Consolidated Acts

LAW ENFORCEMENT CONDUCT COMMISSION ACT 2016 - SECT 93

93 General provisions regarding contempt

(1) In the case of any alleged contempt of the Commission, a Commissioner may summon the contemnor to appear before the Commissioner at a time and place named in the summons to show cause why the contemnor should not be dealt with under section 92 for the contempt.

(2) The summons is to set out the details of the alleged contempt.

(3) If the contemnor fails to attend before the Commissioner as required by 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 contemnor and bring the contemnor before the Commissioner to show cause why the contemnor should not be dealt with under section 92 for the contempt.

(4) If a contempt of the Commission is committed in the face or hearing of the Commissioner, a summons need not be issued against the contemnor, but the contemnor may--

(a) be taken into custody in a correctional centre or elsewhere then and there by a member of the NSW Police Force or by an officer of the Commission authorised for that purpose by the Commissioner, and

(b) be called on to show cause why the contemnor should not be dealt with under section 92 for the contempt.

(5) The Chief Commissioner may issue a warrant to arrest the contemnor while the contemnor (whether or not already in custody under this section) is before the Chief Commissioner and to bring the contemnor before the Supreme Court as soon as practicable.

(6) The warrant is sufficient authority to detain the contemnor in a correctional centre or elsewhere, pending the contemnor's being brought before the Supreme Court.

(7) The warrant is to be accompanied by either the contempt of the Commission certificate or a written statement setting out the details of the alleged contempt.

(8) The Commissioner may revoke the warrant at any time before the contemnor is brought before the Supreme Court.

(9) When the contemnor is brought before the Supreme Court, the Court may, pending determination of the matter, direct that the contemnor be kept in such custody as the Court may determine or direct that the contemnor be released.