Document ID: chunk:federal_register_of_legislation:C2012C00839:clause:4_96a:p1
Version: federal_register_of_legislation:C2012C00839
Segment Type: clause
Provision Reference: sch 4 cl 96A (pt 1/2)
Character Range: 70710–73272

96A  Contempt of ACLEI
 (1) A person is in contempt of ACLEI if he or she:
 (a) when served with a summons to attend a hearing:
 (i) fails to attend as required by the summons; or
 (ii) fails to appear and report from day to day unless excused or released from further attendance by the Integrity Commissioner; or
 (iii) refuses or fails to be sworn or make an affirmation at the hearing; or
 (iv) subject to subsection (2), refuses or fails to answer a question at the hearing that the Integrity Commissioner requires the person to answer; or
 (v) subject to subsection (3), refuses or fails to produce a document or thing that the person was required to produce by a summons or notice under this Act that was served on him or her as prescribed; or
 (b) is a legal practitioner who is required to answer a question or produce a document or thing at a hearing and both of the following apply:
 (i) the answer to the question would disclose, or the document or thing contains, a privileged communication made by or to the legal practitioner in his or her capacity as a legal practitioner;
 (ii) he or she refuses to comply with the requirement and does not, when required by the Integrity Commissioner, give the Integrity Commissioner the name and address of the person to whom or by whom the communication was made; or
 (c) gives evidence at a hearing that he or she knows is false or misleading in a material particular; or
 (d) insults, disturbs or uses insulting language towards someone who the person knows:
 (i) is the Integrity Commissioner; and
 (ii) is holding a hearing in the performance of his or her functions, or the exercise of his or her powers, as Integrity Commissioner; or
 (e) creates a disturbance, or takes part in creating or continuing a disturbance, in or near a place that the person knows is being used to hold a hearing for the purpose of:
 (i) investigating a corruption issue; or
 (ii) conducting a public inquiry; or
 (f) obstructs or hinders the Integrity Commissioner in the performance of his or her functions; or
 (g) interrupts a hearing that is being held for the purpose of:
 (i) investigating a corruption issue; or
 (ii) conducting a public inquiry; or
 (h) threatens a person present at a hearing that is being held for the purpose of:
 (i) investigating a corruption issue; or
 (ii) conducting a public inquiry.
 (2) Subparagraph (1)(a)(iv) does not apply in the case of a legal practitioner who refuses or fails to answer a question at a hearing on the ground that the answer to the question would disclose a privileged