COMMISSIONS OF INQUIRY ACT 1950 - SECT 9A Warrant in the first instance or before return of summons

COMMISSIONS OF INQUIRY ACT 1950 - SECT 9A

9A Warrant in the first instance or before return of summons

(1) If the chairperson is satisfied by evidence upon oath (or by affirmation or declaration instead of upon oath where if the evidence were given by a witness before the commission such evidence may be given by affirmation or declaration instead of upon oath), which oath, affirmation, or declaration the chairperson is hereby authorised to administer or take, as the case may be, that it is probable that a person whose evidence is desired and may be relevant to the inquiry by the commission will not attend before the commission to give evidence without being compelled so to do, or is about to or is making preparations to leave the State and that the person’s evidence may not be obtained by the commission if that person so departs, the chairperson may issue a warrant for the apprehension of that person.

(2) A warrant may be issued under subsection (1) in the first instance without or before the issuing of a summons under section 5 to the person whose evidence is desired or the warrant may be issued at any time after the issuing of the summons and before the time named in the summons for that person to attend before the commission.

(3) A warrant issued under section 8 or this section shall authorise the apprehension of the witness and the witness being brought before the commission, and the witness’s detention in custody for the purpose of securing the witness’s appearance before the commission as required by this Act until the witness is released by order of the chairperson.

(4) A warrant issued under section 8 or this section may be executed by any police officer, or by any person to whom it is addressed, and the person executing it shall have power to break and enter any place, building, or vessel for the purpose of executing it.

(5) The issuing of any warrant or the apprehension and detention of any witness under section 8 or this section shall not relieve the witness in question from any liability to be punished for the witness’s failure to attend before the commission in obedience to the summons.