11—Powers of commission in respect of witnesses
(a) who
has been personally served with a summons to attend before the commission, and
whose expenses, as provided in subsection (5) hereof, have been paid or
tendered to him, neglects to attend in obedience to such summons; or
(b)
wilfully insults the commission, or any commissioner; or
(c) by
writing or speech uses words false and defamatory of the commission, or any
commissioner; or
(d)
misbehaves himself before the commission; or
(e)
interrupts the proceedings of the commission; or
(f)
being called or examined as a witness in any inquiry or any matter pending
before the commission, refuses to be sworn, or to affirm or declare, or
refuses or neglects to produce any books, papers, documents or records as
required by a summons personally served upon him, or prevaricates in his
evidence, or refuses to answer any lawful question,
the chairman may commit such person to gaol for any term not exceeding three
months or may impose on him a penalty not exceeding $1 000, and in
default of immediate payment of such penalty the chairman may commit the
offender to gaol for any term not exceeding three months unless the penalty is
sooner paid.
(2) In any of the
cases aforesaid a warrant in the form or to the effect of Schedule 1 may be
issued by the chairman, and such warrant shall be good and valid in law
without any other warrant, order, or process whatsoever; and the Commissioner
of Police and all members of the police force and the Sheriff and all gaolers
may and shall obey the same.
(3) When any person
who has been personally served with a summons to attend as a witness before
the commission, and whose expenses, as provided in subsection (5) hereof,
have been paid or tendered to him, fails to attend in obedience to such
summons, and fails to give a reasonable excuse for his non-attendance, the
chairman, upon proof that such person has been duly served with such summons
and that such expenses have been paid or tendered to him may issue a warrant
in the form or to the effect of Schedule 2 to bring such person before the
commission to give evidence. The provisions of subsection (2) of this
section shall apply to any such warrant.
(4) Where any person
has on any day done or omitted to do something and his act amounts to an
offence against any of the provisions of subsection (1) hereof, and also
does or omits to do the same thing on some other day, each such act or
omission shall be a separate offence, and shall be punishable accordingly
under the provisions of this section.
(5) Every person
required by the commission to attend before it shall be allowed such expenses
as would be allowed to a witness attending on subpoena before the Supreme
Court, and in case of dispute as to the amount to be allowed the same shall be
referred to the Master of the Supreme Court, who, on request under the hand of
the chairman, shall ascertain and certify the proper amount of such expenses.