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NATIONAL ANTI-CORRUPTION COMMISSION ACT 2022 - SECT 85

Person in contempt may be detained

  (1)   If, during a hearing, the Commissioner proposes to make an application for a person to be dealt with for contempt of the NACC, the Commissioner may direct a constable or an authorised officer to detain the person for the purpose of bringing the person before the court for the hearing of the application.

  (2)   If the person is so detained:

  (a)   the Commissioner must, as soon as practicable, apply for the person to be dealt with by the court; and

  (b)   the person must, subject to subsection   (3), be brought before the court as soon as practicable.

  (3)   The court may:

  (a)   direct that the person be released from detention on condition that the person will appear before the court in relation to the application; or

  (b)   order that the person continue to be detained until the application is determined.

  (4)   The court may also impose any other condition on release, including the following:

  (a)   that the person surrenders the following documents:

  (i)   any Australian travel document that has been issued to the person;

  (ii)   any passport or other travel document that has been issued to the person by or on behalf of the government of a foreign country;

  (b)   that the person give an undertaking as to the person's living arrangements;

  (c)   that the person report as required to a law enforcement agency.

  (5)   The court may at any time vary or revoke a condition imposed under subsection   (4).



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