Northern Territory Numbered Acts Northern Territory Numbered ActsSections 19 and 20
repeal, insert
(1) A person who has been served with a summons to attend before the Court to give evidence or to produce documents or other things commits a contempt of the Court if, without reasonable excuse, the person:
(a) does not attend as required by the summons; or
(b) does not continue to attend until released by the Court from further attendance.
(2) A person appearing before the Court as a witness commits a contempt of the Court if, without reasonable excuse, the person does not do any of the following when required by the Court to do so:
(a) take an oath;
(b) answer a question;
(c) produce a document or other thing.
(3) A person commits a contempt of the Court if:
(a) the Court has made an order requiring the person to do or not do something; and
(b) the order:
(i) was made orally to the person while the person was in the courtroom; or
(ii) has been served on the person; and
(c) the person does not comply with the order; and
(d) no other law of the Territory provides a means for punishing non-compliance with, or enforcing, the order.
(4) A person commits a contempt of the Court if, without reasonable excuse, the person fails to comply with an undertaking the person has given to the Court.
(5) A person commits a contempt of the Court if the person:
(a) wilfully prevaricates in the face of the Court; or
(b) engages in any other conduct that, under a law of the Territory, constitutes a contempt in the face of the Court.
(1) If it appears to the Court that a person has committed a contempt of the Court, the Court may:
(a) for a contempt in the face of the Court – orally order that the person be arrested and brought before the Court; or
(b) for any contempt:
(i) issue a warrant to have the person arrested and brought before the Court; or
(ii) issue a summons requiring the person to appear before the Court.
(2) When the person is brought or appears before the Court, the Court:
(a) must inform the person of the contempt with which the person is charged; and
(b) may deal with the person in accordance with any procedure the Court thinks fit.
(3) The Bail Act applies in relation to the person as if the person were accused of an offence and were being held in custody for that offence.
(4) The Court constituted by the registrar or a judicial registrar:
(a) cannot exercise the Court's powers under this section and section 20A; but
(b) may refer the alleged contempt to the Court constituted by a Judge.
(5) The Court constituted by a Judge may exercise those powers in relation to the alleged contempt.
(1) If the Court finds a person guilty of a contempt of the Court, it may order that the person be imprisoned for not more than 6 months or be fined not more than an amount equal to 100 penalty units.
(2) A person cannot be punished, in respect of the same conduct, for a contempt and for an offence against another Act.
(3) If the Court orders that the person be imprisoned, the Court may order that the person be discharged before the end of the term of imprisonment that was ordered.
(4) If a person who has been found guilty of a contempt apologises to the Court for the contempt, the Court may amend or cancel any order imposing punishment for the contempt, and if it does so may order the refund of all or part of any fine that has been paid.