Division 2(1) The provisions of this Division have effect if the chairperson of a commission or the sole commissioner is a qualified person, namely:(a) a Judge of the Supreme Court of the State or of any other State or Territory, a Judge of the Federal Court of Australia or a Justice of the High Court of Australia, or(b) a former Judge or Justice of any such court, or(c) a person qualified to be appointed as a Judge or Justice of any such court (but only if in the letters patent by which the commission is issued, or in other letters patent under the Public Seal, the Governor declares that this Division has effect in relation to the commission).(2) In this Division, commissioner means a chairperson or sole commissioner who is such a qualified person, and also includes a member of a commission who is such a qualified person and who has been authorised by the chairperson to exercise powers under this Division (but only if the chairperson is also such a qualified person).
(1) If any person served with a summons to attend a commission as a witness fails to attend the commission in answer to the summons, the commissioner may, on proof by statutory declaration of the service of the summons, issue a warrant for the witness’s apprehension.(2) The warrant shall authorise the apprehension of the witness and the witness’s being brought before the commission and the witness’s detention and custody for that purpose until the witness is released by order of the commissioner.(3) The apprehension of any witness under this section shall not relieve the witness from any liability incurred by the witness by reason of the witness’s non-compliance with the summons.
(1) A witness summoned to attend or appearing before the commission shall not be excused from answering any question or producing any document or other thing on the ground that the answer or production may criminate or tend to criminate the witness, or on the ground of privilege or on any other ground.(2) An answer made, or document or other thing produced by a witness to or before the commission shall not, except as otherwise provided in this section, be admissible in evidence against that person in any civil or criminal proceedings.(3) Nothing in this section shall be deemed to render inadmissible:(a) any answer, document or other thing in proceedings for an offence against this Act,(b) any answer, document or other thing in any civil or criminal proceedings if the witness was willing to give the answer or produce the document or other thing irrespective of the provisions of subsection (1),(c) any book, document, or writing in civil proceedings for or in respect of any right or liability conferred or imposed by the document or other thing.(4) This section shall not have effect unless in the letters patent by which the commission is issued, or in other letters patent under the Public Seal, the Governor declares that the section shall apply to and with respect to the inquiry.(5) A declaration under section 15 that the provisions of this Division are to have effect is not sufficient to apply this section unless the declaration specifically states that this section shall apply to and with respect to the inquiry.
(1) For the purposes of the inquiry the commissioner shall have all such powers, rights, and privileges as are vested in the Supreme Court or in any judge thereof in or in relation to any action or trial, in respect of the following matters:(a) compelling the attendance of witnesses,(b) compelling witnesses to answer questions which the commissioner deems to be relevant to the inquiry,(c) compelling the production of documents and other things.(d) (Repealed)(2) Nothing in this or any other section of this Division shall limit the powers, rights, and privileges of the commissioner under any other provision of this Act.
(1) A person is guilty of contempt of a commission if the person does or omits to do anything which would, if the commission were the Supreme Court, be contempt of that Court or if the person disobeys any order or summons made or issued by the commissioner.(2) For the purposes of this Division, offender means a person guilty or alleged to be guilty of contempt of a commission.
(1) A contempt of a commission may be punished in accordance with this section.(2) The commissioner may present to the Supreme Court a certificate setting out the details which the commissioner considers constitute the contempt.(3) If the commissioner presents such a certificate to the Supreme Court:(a) the Supreme Court shall thereupon inquire into the alleged contempt, and(b) after hearing any witnesses who may be produced against or on behalf of the person charged with the contempt, and after hearing any statement that may be offered in defence, the Supreme Court (if satisfied that the person is guilty of the contempt) may punish or take steps for the punishment of the person in like manner and to the like extent as if the person had committed that contempt in or in relation to proceedings in the Supreme Court, and(c) the provisions of the Supreme Court Act 1970 and the rules of court of the Supreme Court shall, with any necessary adaptations, apply and extend accordingly.(4) Such a certificate is prima facie evidence of the matters certified.(5) Neither liability to be punished nor punishment under this section for contempt consisting of failure to attend before the commission as a witness in obedience to a summons excuses the offender from such attendance, and the commissioner may enforce attendance by warrant under section 16 or by exercise of any other available power.(6) A contempt of a commission may not be punished by a commissioner under section 18.
18C General provisions regarding contempt
(1) In the case of any alleged contempt of a commission, the commissioner may summon the offender to appear before the commission at a time and place named in the summons to show cause why the offender should not be dealt with under section 18B for the contempt.(2) If the offender fails to attend before the commission in obedience to the summons, and no reasonable explanation 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 offender and bring the offender before the commissioner to show cause why the offender should not be dealt with under section 18B for the contempt.(3) If a contempt of the commission is committed in the face or hearing of the commission, no summons need be issued against the offender, but the offender may be taken into custody then and there by a police officer and called upon to show cause why the offender should not be dealt with under section 18B for the contempt.(4) The commissioner may issue a warrant to arrest the offender while the offender (whether or not already in custody under this section) is before the commission and to bring the offender forthwith before the Supreme Court.(5) The warrant is sufficient authority to detain the offender in a prison or elsewhere, pending the offender’s being brought before the Supreme Court.(6) The warrant is to be accompanied by the certificate in which the commissioner sets out the details of the alleged contempt.(7) The commissioner may revoke the warrant at any time before the offender is brought before the Supreme Court.(8) When the offender is brought before the Supreme Court, the Court may, pending determination of the matter, direct that the offender be kept in such custody as the Court may determine or direct that the offender be released.
18D Act or omission that is both an offence and contempt
(1) An act or omission may be punished as a contempt of a commission even though it could be punished as an offence.(2) An act or omission may be punished as an offence even though it could be punished as a contempt of a commission.(3) If an act or omission constitutes both an offence and a contempt of a commission, the offender is not liable to be punished twice.