Commonwealth Consolidated Acts

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Arrest of witness failing to appear

             (1)  If any person served with a summons to attend a Royal Commission as a witness fails to attend the Commission in answer to the summons, the President or Chair, or the sole Commissioner, may, on proof by statutory declaration of the service of the summons, issue a warrant for the person's apprehension.

             (2)  The warrant shall authorise the apprehension of the witness and the witness being brought before the Commission, and the witness' detention in custody for that purpose until he or she is released by order of the President or Chair, or the sole Commissioner.

             (3)  The warrant may be executed by any member of the Australian Federal Police or of the Police Force of a State or of the Northern Territory, 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.

             (4)  The apprehension of any witness under this section shall not relieve him or her from any liability incurred by the witness by reason of his or her non-compliance with the summons.

             (5)  The reference in subsection (2) to the Commission does not include a reference to one or more members of a Commission holding an authorised member hearing.

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