Queensland Consolidated Acts

COMMISSIONS OF INQUIRY ACT 1950 - SECT 11

11 Enforcement of and appeals against summary punishments imposed under this Act

(1) The provisions of the Justices Act 1886 relating to the discretion of adjudicating justices in directing that the amount of a penalty or costs shall be recoverable by execution against the goods and chattels of the offender (and in such case as part of their decision ordering the term for which the offender is to be imprisoned in default of sufficient distress) or in the alternative in directing that in default of payment of such penalty or costs either immediately or within a time to be fixed by the adjudicating justices the offender shall be imprisoned for any period not exceeding the maximum period fixed by the scale of imprisonment for non-payment of money shall be had and may be exercised by a chairperson who is not a judge of the Supreme Court in respect of the summary punishment of an offender for a contempt of a commission.

(2) Any summary punishment of a person for a contempt of a commission may be enforced under the Justices Act 1886 as if that punishment were a penalty imposed upon conviction for an offence by justices sitting as a Magistrates Court, and for the purposes of the enforcement as aforesaid of that punishment the chairperson who imposed it may—

(a) draw up under the chairperson’s hand an order in or to the effect of the form in which a conviction or order by justices sitting as a Magistrates Court is drawn up under the Justices Act 1886 ; and

(b) make and sign all such other instruments under, and in or to the effect of the respective forms prescribed by, the Justices Act 1886 , as are required or authorised by that Act to be made and signed by justices with respect to a conviction or order made by them when sitting as a Magistrates Court; and

(c) cause to be filed in the office of a clerk of the court at a place for holding Magistrates Courts the order referred to in paragraph (a) and any instrument or instruments referred to in paragraph (b) drawn up or made and signed by the chairperson.

(3) Any summary punishment imposed for a contempt of a commission may be appealed against under the Justices Act 1886 , as if that punishment were a penalty imposed upon conviction for an offence by justices sitting as a Magistrates Court at the place where the office of the court in which the order in respect of that punishment referred to in subsection (2) (a) is filed is situated, and the provisions of that Act relating to appeals from decisions of justices shall apply and extend accordingly.