Commonwealth Numbered Regulations

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1992 No. 367 MIGRATION (1993) REGULATIONS - REG 4.3

Arrest of witness failing to appear
4.3. (1) If a person who has been summoned to attend before a Commissioner
fails to attend before the Commissioner as required by the summons or to
appear and report in accordance with regulation 4.2, the Commissioner may, on
being satisfied that the summons has been duly served and that reasonable
expenses have been paid or tendered to the person, issue a warrant for the
person's arrest.

(2) A warrant authorises:

   (a)  the arrest and bringing before the Commissioner of the person; and

   (b)  the detention of the person in custody for the purposes specified in
        the warrant until the person is released by order of the Commissioner.

(3) A warrant may be executed by a member of the police force of the
Commonwealth or of a State or Territory or by any person to whom it is
addressed, and the person executing it has power to break and enter any place,
building or vessel for the purpose of executing the warrant.

(4) The arrest of a person under this regulation does not relieve that person
from any liability incurred by the person because of the failure of that
person to attend before the Commissioner. 

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