COMMISSIONS OF INQUIRY ACT 1950 - SECT 5A
Procedure upon noncompliance with s 5(2)
COMMISSIONS OF INQUIRY ACT 1950 - SECT 5A
Procedure upon noncompliance with s 5(2)
5A Procedure upon noncompliance with s 5(2)
(1) Upon an ex parte application made by or on behalf of a chairperson and
upon production in the matter of the application of the chairperson’s
certificate that the chairperson is satisfied a prima facie case exists that a
person has failed to comply with section 5(2) and thereby has committed an
offence against this Act a magistrate to whom the application is made shall
forthwith issue a warrant for the apprehension of that person.
(2) A warrant
issued under subsection (1) shall authorise the apprehension of the person and
the person’s detention in custody for the purposes of—
(a) answering a
charge of the offence constituted by the failure to comply with section 5(2)
; and
(b) securing the person’s attendance before the commission as
required pursuant to section 5;
until the person be admitted to bail or
released, conditionally or otherwise, by order of the chairperson or a judge
of the Supreme Court.
(3) If a warrant issued under subsection (1) is to be
executed in Queensland it may be executed by any police officer or by any
person to whom it is addressed and the person executing the warrant, and every
person acting in aid of the person executing the warrant, is authorised to
break and enter any place, building, vehicle, aircraft or vessel for the
purpose of executing the warrant, using such force as is necessary.
(4) The
issue of a warrant under subsection (1) or the apprehension, detention or
punishment of the person for whose apprehension the warrant is issued does not
relieve that person from any other liability had by the person to be punished
for the person’s failure to comply with the writing under a chairperson’s
hand served on the person or excuse the person from complying with section 5(2) in respect of that writing.
