Australian Capital Territory Current Acts

CORONERS ACT 1997 - SECT 45

    (1)     If—

        (a)     a subpoena under section 43 has been served on the person to whom it is directed; and

        (b)     the person fails to attend at the time and place specified in the subpoena;

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

    (2)     A warrant under subsection (1) may be directed to all police officers, and any police officer may execute the warrant as if it had been directed specifically to the police officer by name.

    (3)     The police officer who executes a warrant under subsection (2) must, as soon as possible after the arrest of the person named in the warrant, cause the person to be brought before a coroner.

    (4)     Where a person so arrested is brought before a coroner, the coroner—

        (a)     may direct that the person remain in custody as the coroner directs; or

        (b)     may release the person upon the person entering into a recognisance, with or without sureties, in such sum as the coroner determines that the person will attend at a time and place specified in the recognisance.

    (5)     If a person who has been released under subsection (4) (b) fails to attend at the time and place specified in the recognisance—

        (a)     the coroner may issue a warrant for the arrest of the person; and

        (b)     the coroner may declare the recognisance of the person and the recognisance of the person's surety to be forfeited and—

              (i)     the declaration is taken to be the declaration of the forfeiture of a recognisance under the Magistrates Court Act 1930

, section 254 (Enforcement of recognisance); and

              (ii)     the provisions of that section apply to the declaration accordingly.