SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 93 Orders for the execution of warrants

SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 93

  (1)   The Supreme Court of the place of issue of a warrant (not being a warrant mentioned in paragraph   92(1)(a)) may, on application, make an order authorising the apprehension of the person named in the warrant.

  (2)   If the warrant was issued:

  (a)   for the purpose of bringing the person before the tribunal to give evidence, or to produce a document or thing; and

  (b)   in connection with the performance of an adjudicative function by the tribunal;

the court may make an order only if it is satisfied that the giving of the evidence likely to be given by the person, or the production of a document or thing specified in the warrant, is necessary in the interests of justice.

  (3)   If the warrant was issued:

  (a)   for the purpose of bringing the person before the tribunal to give evidence, or to produce a document or thing; and

  (b)   in connection with the performance of an investigative function of the tribunal;

the court may make an order only if it is satisfied that:

  (c)   the evidence likely to be given by the person, or a document or thing specified in the warrant, is relevant to the performance by the tribunal of the investigative function; and

  (d)   if the evidence, document or thing may constitute or contain evidence that relates to matters of state--it is in the public interest that the evidence be given or the document or thing be produced.

  (4)   An order may be subject to specified conditions.

  (5)   The application of Division   1 to the warrant is subject to the conditions (if any) to which the order is subject.

  (6)   The requirement under section   83 to produce the warrant or a copy of the warrant (as that section applies in relation to the warrant because of this Division) includes a requirement to produce a copy of the order.