Australian Capital Territory Numbered Acts

COURT LEGISLATION AMENDMENT ACT 2006 (NO. 55 OF 2006) - SECT 18

in part 5.2, insert

307     Contempt of court

    (1)     A person is in contempt of the Magistrates Court if the person—

        (a)     contravenes an order of the court or an undertaking given to the court; or

        (b)     commits a contempt in the face or in the hearing of the court; or

        (c)     commits any other contempt of court.

Examples—par (b)

1     insulting a magistrate, the registrar, deputy registrar, bailiff or other court officer during the officer's sitting or attendance in court

2     interrupting a proceeding of the court or misbehaving in court

3     obstructing or assaulting someone in attendance in court

4     disobeying a direction of the court at the hearing of a proceeding

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     The Magistrates Court has the same power to deal with contempt of the Magistrates Court as the Supreme Court has to deal with contempt of the Supreme Court.

    (3)     However, a contempt mentioned in subsection (1) (a) may be dealt with as a contempt of court only if there is no other effective way to enforce the order or undertaking.

    (4)     To remove any doubt, this section does not limit the Supreme Court's power to deal with contempt of the Magistrates Court.