Document ID: chunk:federal_register_of_legislation:C2025C00049:section:84
Version: federal_register_of_legislation:C2025C00049
Segment Type: section
Provision Reference: s 84
Character Range: 125559–126869

84  Conduct of contempt proceedings
 (1) If the Commissioner makes an application to a court to deal with a person for contempt of the NACC, proceedings are to be instituted, carried on, heard and determined in accordance with the laws (including any rules of court) that apply in relation to the punishment of a contempt of the court.
 (2) In those proceedings, the certificate that sets out the grounds for making the application and evidence in support of the application is prima facie evidence of the matters specified in the certificate.
 (3) The court must:
 (a) consider the matters specified in the certificate; and
 (b) hear or receive any evidence or statements by or in support of the application; and
 (c) hear or receive any evidence or statements by or in support of the person.
 (4) If the court finds that the person was in contempt of the NACC, the court may deal with the person as if the acts or omissions involved constituted a contempt of the court.
 (5) For the purposes of determining whether a person is in contempt of the NACC, Chapter 2 of the Criminal Code applies as if:
 (a) being in contempt of the NACC 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 the NACC.