Document ID: chunk:federal_register_of_legislation:C2024C00831:section:50
Version: federal_register_of_legislation:C2024C00831
Segment Type: section
Provision Reference: s 50
Character Range: 44642–46936

50  Contempt of the Tribunal
 (1) A person who contravenes or fails to comply with a provision of section 43, 44, 45, 46 or 47 is, in addition to committing an offence, also committing a contempt of the Tribunal.
 (2) Upon application made by the Attorney‑General:
 (a) in the case of a contempt of the Tribunal committed in a State or an internal Territory—to the Supreme Court of that State or Territory; or
 (b) in the case of a contempt of the Tribunal committed elsewhere than in a State or an internal Territory—to the Supreme Court of any State or Territory;
the contempt is punishable by the court to which the application was made as if it were a contempt of that court.
 (3) Subject to this section, proceedings in respect of a contempt of the Tribunal shall be instituted, carried on, heard and determined in accordance with the laws applicable to and in relation to the punishment of contempts in the court to which the application by the Attorney‑General was made.
 (4) In so far as any such law is incapable of application, whether by reason of the Constitution or otherwise, a Judge of the court to which the application by the Attorney‑General was made may give a direction as to the manner of instituting, carrying on, hearing or determining a proceeding referred to in the last preceding subsection and, in that case, the proceeding shall be instituted, carried on, heard or determined, as the case may be, in accordance with the direction.
 (6) The penalty which a court is empowered to impose in respect of a contempt of the Tribunal is the penalty which would have been applicable in respect of the offence constituting the contempt if proceedings in respect of the offence had been taken otherwise than under this section.
 (7) A person guilty of an offence referred to in subsection (1) may be punished either under this section or otherwise but shall not be punished twice for the same offence.
 (8) The several Supreme Courts of the States are invested with federal jurisdiction, and jurisdiction is conferred on the several Supreme Courts of the Territories, to hear and determine proceedings, instituted in accordance with subsection (2), in respect of a contempt of the Tribunal.

Part V—References and appeals from the Tribunal to the Federal Court of Australia