Document ID: chunk:federal_register_of_legislation:F2023C00085:front:0:p51
Version: federal_register_of_legislation:F2023C00085
Segment Type: other
Provision Reference: 
Character Range: 121012–123514

any claim or application for, or relating to, any matter before the Court for:
 (a) investigation; and
 (b) report; and
 (c) recommendation.
 (2) A Registrar to whom a claim or application is referred for investigation may:
 (a) take evidence on oath or affirmation; and
 (b) summon witnesses for the purpose of giving evidence or producing documents.

Part 20—Contempt

20.01  Contempt in the face or hearing of Court
 (1) If it appears to the Court that a person is guilty of contempt in the face of or in the hearing of the Court, the Court may:
 (a) direct the person to attend before the Court; or
 (b) issue a warrant for the person's arrest.
 (2) When the person attends before the Court, the Court must:
 (a) tell the person of the contempt with which the person is charged; and
 (b) allow the person to state the person's defence to the charge; and
 (c) after hearing the defence, determine the charge; and
 (d) make an order for the punishment or discharge of the person.
 (3) The Court may direct the person to be kept in custody or released until the charge is determined.
 (4) The Court may direct the person to give security for the person's attendance before the Court to answer the charge.

20.02  Contempt other than in the face or hearing of Court
 (1) If it is alleged that a person has committed a contempt of the Court (other than contempt in the face or hearing of the Court), an application may be made to the Court for the person to be dealt with for the contempt.
 (2) An application must:
 (a) be in accordance with the approved form; and
 (b) state the contempt alleged; and
 (c) be supported by an affidavit setting out the facts relied on.
 (3) An application may be made:
 (a) if the contempt is in connection with a proceeding—by a party to the proceeding; or
 (b) by the Marshal of the Court; or
 (c) by an officer or staff member of the Australian Federal Police; or
 (d) by a member of the police force of a State or Territory.
 (4) The Court may direct the Marshal to make an application.
 (5) If the Court considers that the person is likely to leave the jurisdiction of the Court, the Court may issue a warrant for the arrest and detention of the person in custody until the person:
 (a) attends before the Court to answer the charge; or
 (b) gives security, as directed by the Court, for the person's attendance before the Court to answer the charge.
 (6) When the person attends before the Court, the Court must:
 (a) tell the person of the allegation; and
 (b)