Australian Capital Territory Numbered Acts

MAGISTRATES COURT (ENFORCEMENT OF (NO. 61 OF 1994) - SECT 51

51. After section 255 of the Principal Act the following sections are inserted:

“255AA. (1) This section applies to a person who—

        (a)     appears as a witness in proceedings in the Court; or

        (b)     attends, or is brought, before the Registrar for examination under section 278J of the Magistrates Court (Civil Jurisdiction) Act 1982 .

“(2) A person shall not, without reasonable excuse—

        (a)     refuse or fail to take an oath;

        (b)     refuse or fail to answer a question that he or she is required to answer by the Court or Registrar; or

        (c)     refuse or fail to produce a document required by the Court or Registrar, or by a summons or warrant, to be produced.

“(3) A person shall not give false information.

Penalty: $5,000 or imprisonment for 6 months, or both.

“255AB. (1) Where—

        (a)     a person appearing as a witness in a proceeding in the Court contravenes section 255AA; or

        (b)     on hearing a matter referred to it under section 278R of the Magistrates Court (Civil Jurisdiction) Act 1982 , the Court is satisfied that the person who is the subject of the referral has contravened section 255AA;

the Court may, subject to subsection (4)—

        (c)     adjourn the proceedings or hearing for a period not exceeding 8 days; and

        (d)     issue a warrant for the committal of that person to a gaol, lock-up or remand centre until—

              (i)     the date to which the proceedings or hearing is adjourned; or

              (ii)     the person consents to comply with section 255AA;

whichever occurs first.

“(2) Where—

        (a)     the Court has adjourned proceedings or a hearing, and committed a person, pursuant to subsection (1) or this subsection;

        (b)     the person who was committed is brought before the Court; and

        (c)     the person does not consent to comply with section 255AA;

the Court may, subject to subsection (4), exercise the powers referred to in paragraphs (1) (c) and (d) in respect of that person.

“(3) The periods for which a person is committed under this section shall not, in the aggregate, exceed 1 month.

“(4) The Court shall not commit a person pursuant to subsection (1) or (2) if the person is punished for an offence against section 255AA.”.