Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

DEFENCE FORCE DISCIPLINE APPEALS ACT 1955 - SECT 32

Arrest of witness for failing to appear

             (1)  Where a person who has been summoned under paragraph (b) of subsection (1) of the last preceding section to attend the Tribunal, or to attend a person appointed to receive evidence on behalf of the Tribunal, fails to attend or appear before the Tribunal or that person as required by the summons, a member of the Tribunal may, on proof by statutory declaration of the service of the summons, issue a warrant for the apprehension of that person.

             (2)  A warrant so issued authorizes the apprehension of the person and his or her being brought before the Tribunal, or before the person appointed to receive evidence on behalf of the Tribunal, as the case may be, and his or her detention in custody for that purpose until he or she is released by order of a member of the Tribunal.

             (3)  A warrant so issued may be executed by a person who is a member or special member of the Australian Federal Police or a member of a Police Force of a State or Territory, or by any person to whom it is addressed, and the person executing the warrant has power to break and enter any place, building or vessel for the purpose of executing the warrant.

             (4)  The apprehension of a person under this section does not relieve him or her from any liability incurred by him or her by reason of his or her failure to attend before the Tribunal or the person appointed to receive evidence on behalf of the Tribunal.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]