New South Wales Consolidated Acts

NEW SOUTH WALES CRIME COMMISSION ACT 1985 - SECT 18AA

18AA Arrest of witness

(1) If a person served with a summons to appear as a witness at a hearing before the Commission fails to attend as required by the summons, the Commissioner may, on proof by statutory declaration of the service of the summons, issue a warrant for the arrest of the witness.

(2) If the Commissioner is satisfied:

(a) by evidence on oath or affirmation that a person who has been served with a summons to appear as a witness at a hearing before the Commission has made a representation that the person intends not to appear at the hearing as required by the summons, and

(b) that it is in the public interest that the person be compelled to do so to avoid serious prejudice to the conduct of an investigation,

the Commissioner may issue a warrant for the arrest of the person.

(3) The Commissioner may require a person to take an oath or affirmation for the purposes of this section.

(4) A warrant may be issued under subsection (2) even though the time named in the summons for the person to attend has not yet passed.

(5) A warrant issued under this section authorises the arrest of the witness and his or her being promptly brought before the Commission and detained in a prison or elsewhere for that purpose until released by order of the Commissioner.

(6) A warrant issued under this section may be executed by any police officer or by any person to whom it is addressed.

(7) A person executing a warrant issued under this section may use such force as is reasonably necessary for the purpose of entering any premises for the purpose of executing it.

(8) The issue of a warrant or arrest of a witness does not relieve the witness from any liability incurred by the witness for non-compliance with the summons.

(9) In this section:
"representation" includes:

(a) an express or implied representation (whether oral or in writing), or

(b) a representation to be inferred from conduct, or

(c) a representation not intended by its maker to be communicated to or seen by another person, or

(d) a representation that for any reason is not communicated.