Western Australian Current Acts Western Australian Current Acts (1) Where a contempt
of the Commission is alleged to have taken place, the Commission may present
to the Supreme Court a certificate setting out the details of the act or
omission that the Commission considers constitutes the alleged contempt.
(2) A certificate
presented under subsection (1) is prima facie evidence of the matters
certified in it.
(3) Where a
certificate is presented under subsection (1), the Supreme Court has
jurisdiction as if the contempt were a contempt of that Court.
(4) A person is not
liable to be punished for contempt under this section in respect of failure to
comply with a notice served under section 95 or a summons served under
section 96 if, in the case of a failure without reasonable excuse to produce
any document or other thing, the person proves that the document or other
thing was not relevant to the investigation.
(5) Subsection (4)
does not apply in respect of failure to comply with an examination summons
served under section 96.
(6) Except as
otherwise provided in this Act, a person required to comply with a notice
served under section 94 or 95 or a summons served under section 96 has the
same protection, and is subject to the same liabilities in any civil or
criminal proceedings, as a witness in any case tried in the Supreme Court.
[Section 163 inserted: No. 78 of 2003 s. 22;
amended: No. 10 of 2018 s. 21.]