Document ID: chunk:federal_register_of_legislation:C2012C00839:clause:4_96b
Version: federal_register_of_legislation:C2012C00839
Segment Type: clause
Provision Reference: sch 4 cl 96B
Character Range: 73679–75574

96B  Federal Court or Supreme Court to deal with contempt

Application
 (1) If, in respect of a hearing, the Integrity Commissioner is of the opinion that a person is in contempt of ACLEI, the Integrity Commissioner may apply to either of the following courts for the person to be dealt with in relation to the contempt:
 (a) the Federal Court;
 (b) the Supreme Court of the State or Territory in which the hearing is held.
 (2) Before making the application, the Integrity Commissioner must inform the person that the Integrity Commissioner proposes to make the application.
 (3) The application must be accompanied by a certificate that states:
 (a) the grounds for making the application; and
 (b) evidence in support of the application.
 (4) A copy of the certificate must be given to the person before, or at the same time as, the application is made.
 (5) To avoid doubt, if the Integrity Commissioner makes an application under this section, the Integrity Commissioner need not give the evidence to the relevant person or authority under section 142.

How court may deal with application
 (6) If, after:
 (a) considering the matters specified in the certificate; and
 (b) hearing or receiving any evidence or statements by or in support of ACLEI; and
 (c) hearing or receiving any evidence or statements by or in support of the person;
the court to which the application was made finds that the person was in contempt of ACLEI, the court may deal with the person as if the acts or omissions involved constituted a contempt of that court.
 (7) For the purposes of determining whether a person is in contempt of ACLEI under subsection (1), Chapter 2 of the Criminal Code applies as if:
 (a) being in contempt of ACLEI were an offence; and
 (b) references to a person being criminally responsible for an offence were references to a person being responsible for being in contempt of ACLEI.