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s 26

Conduct constituting contempt of the Commission

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Part 3Matters relating to hearings by Commission

26 Conduct constituting contempt of the Commission

(1) A person's conduct constitutes contempt of the Commission if the person:

(a)

appears before the Commission as a witness; and

(b) fails to do one or more of the following when required by the Commission to do so:

(i)

take an oath;

(ii)

answer a question;

(iii)

produce a document or other thing.

(2) A person's conduct constitutes contempt of the Commission if:

(a) the Commission has made an order requiring the person to do or not do something; and

(b)

the order:

(i)

was made orally to the person during a proceeding; or

(ii)

has been served on the person; and

(c)

the person contravenes the order.

(3) However, subsection (2) does not apply if another law of the Territory provides a penalty for the contravention, or enforcement, of the order.

(4) A person's conduct constitutes contempt of the Commission if the person contravenes an undertaking the person has given to the Commission.

(5) A person's conduct constitutes contempt of the Commission if the person:

(a) insults, threatens, intimidates or obstructs a member of the Commission in relation to the member's performance of functions or exercise of powers under this Act; or

(b) interrupts, obstructs or hinders a proceeding of the Commission; or

(c) creates, or takes part in creating, a disturbance at or near the place where the Commission is sitting; or

(d) engages in any other conduct that, under a law of the Territory, would constitute contempt in the face of the court if the Commission were a court of record.

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