A failure to comply with orders , i.e. disobey orders is contempt in the face of the Court.
A failure by a party to comply with a court order may constitute a contempt of court (Legal Services Board v Forster (No 2) [2012] VSC 633, [43])
Disobeying court orders including subpoena: O’Shane v Channel Seven Sydney Pty Ltd [2005] NSWSC 1358
If we take s 73 (CAT Act) on face value and the Tribunal has “the same powers as the District Court has in those circumstances in relation to a contempt of the District Court” and the District Court may ( s 199(7) of the District Court Act) ‘punish contempt by a fine not exceeding 20 penalty units or by imprisonment for a period not exceeding 28 days’ then yes the Tribunal would appear to have the power to fine (for contempt) those who do not comply with their orders.
Why isn’t it a power used; possibly because the Tribunal would need to initiate the proceedings rather than the person (party to the orders) who had issue with an order not being complied with.
Under the old s 202 it was one of the parties to the order who would have made application for a penalty. Under s 73 of the CAT Act NCAT are the ‘party’ initiating the action against the alleged ‘offender’.
‘Loopholes’ that seem impossible to close, unused powers; none of it does much for consumer confidence.