INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 141C Warrant to arrest witness to whom a witness summons has been issued and served

INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 141C

    (1)     The IBAC may apply to a Judge of the Supreme Court for the issue of a warrant to arrest a person, if—

        (a)     the IBAC has commenced an investigation under section 60; and

        (b)     as a result of the investigation, the IBAC suspects on reasonable grounds that conduct of the person constitutes corrupt conduct; and

        (c)     the person has been duly served with a witness summons issued under section 120(1); and

        (d)     the IBAC believes on reasonable grounds that the person is unlikely to attend before the IBAC in accordance with the witness summons, unless the person is arrested under an arrest warrant; and

        (e)     the person is 18 years of age or over.

    (2)     A Judge of the Supreme Court may issue an arrest warrant if satisfied by evidence on oath or affirmation that—

        (a)     there are reasonable grounds for—

              (i)     the suspicion under subsection (1)(b); and

              (ii)     the belief under subsection (1)(d); and

        (b)     the granting of an arrest warrant is reasonable having regard to—

              (i)     the evidentiary or intelligence value of the information, document or thing sought to be obtained from the person; and

              (ii)     the age of the person and any mental impairment to which the person is known or believed to be subject; and

        (c)     if the person were not arrested, any information, document or thing sought to be obtained from the person would be lost and could not reasonably be obtained from any other source.

S. 141D inserted by No. 22/2020 s. 7F.