New South Wales Consolidated Acts New South Wales Consolidated Acts(s 36 ICAC Act)
(1) If a person served with a summons to attend the Commission as a witness fails to attend in answer to 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) The Commissioner may issue a warrant for the arrest of a person whose evidence is desired and is necessary and relevant to the Commission’s inquiry if the Commissioner is satisfied by evidence on oath or affirmation that it is probable that the person:(a) will not attend before the Commission to give evidence without being compelled to do so, or(b) is about to or is making preparations to leave the State and the person’s evidence will not be obtained by the Commission if the person departs.
(3) The powers conferred by subsection (2) must not be exercised unless the Commissioner is satisfied that the evidence of the person concerned is required for the purpose of investigating any conduct of a person that constitutes or involves or may constitute or involve a criminal offence.
(4) The Commissioner is authorised to administer an oath or affirmation for the purposes of subsection (2).
(5) A warrant may be issued under subsection (2) without or before the issue of a summons to the person whose evidence is desired.
(6) A warrant may be issued under subsection (2) after the issue of a summons to the person whose evidence is desired, even though the time named in the summons for the person to attend has not yet passed.
(7) A warrant 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.
(8) A warrant issued under this section may be executed by any police officer, or by any person to whom it is addressed, and the person executing it may use such force as is reasonably necessary for the purpose of entering any premises for the purpose of executing it.
(9) The issue of a warrant or the arrest of a witness does not relieve the witness from any liability incurred by the witness for non-compliance with a summons.
(10) This section operates in place of section 16 (Warrant) of the 1923 Act.