Document ID: chunk:federal_register_of_legislation:C2004A01719:body:0:p78
Version: federal_register_of_legislation:C2004A01719
Segment Type: other
Provision Reference: 
Character Range: 189252–191928

the Principal Act is amended—
     (a) by omitting from sub-section (1) the words "or a member of the Commission";
     (b) by omitting from sub-section (2) the words "or the Commission"; and
     (c) by omitting from sub-section (3) the words "summoned to attend or appearing before the Tribunal or the Commission as a witness" and substituting the words "appearing before the Tribunal or the Commission to give evidence".

Incriminating answers.
71. Section 159 of the Principal Act is amended—
     (a) by omitting the words "the Tribunal or" (wherever appearing); and
     (b) by omitting from sub-section (1) the words "(including a person appearing before the Commission under section 155)".

Failure of witness to attend.
72. Section 160 of the Principal Act is amended—
     (a) by omitting the words "or the Commission"; and
     (b) by omitting from paragraph (b) the words "or a member of the Commission, as the case may be".

Refusal to be sworn or to answer questions.
73. Section 161 of the Principal Act is amended—
     (a) by omitting the words "or the Commission"; and
     (b) by adding at the end thereof the following sub-section:—
"(2) It is a reasonable excuse for a person to refuse or fail to answer a question that he is required to answer under this section that the answer to the question may tend to incriminate him.".
74. Section 162 of the Principal Act is repealed and the following section substituted:—

Contempt.
"162. A person shall not—
(a) insult a member of the Tribunal or a member of the Commission in the exercise of his powers or functions as a member;
(b) interrupt the proceedings of the Tribunal or a conference held by the Commission under section 90a or 93a;
(c) create a disturbance, or take part in creating or continuing a disturbance, in or near a place where the Tribunal is sitting or the Commission is holding such a conference; or
(d) do any other act or thing that would, if the Tribunal were a court of record, constitute a contempt of that court.
Penalty: $1,000 or imprisonment for 3 months.".

Jurisdiction of Court to make declarations and orders.
75. Section 163a of the Principal Act is amended by omitting sub-section (3) and substituting the following sub-section:—
"(3) The Commission is not entitled to institute a proceeding in the Court under this section but may intervene in a proceeding instituted in the Court or in any other court, being a proceeding—
     (a) that involves a matter arising under Part IV other than a matter arising under section 48; and
     (b) in which a party is seeking the making of a declaration of a kind mentioned in paragraph (1)(a).".

Proceedings by Commission to in its