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INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SECT 36
Arrest of witness
36 Arrest of witness
(1) If a person served with a summons to attend the Commission as a witness
fails to attend in answer to the summons, a Commissioner may, on proof by
statutory declaration of the service of the summons, issue a warrant for the
arrest of the witness.
(2) If a Commissioner is satisfied by evidence on oath
or affirmation that it is probable that a person whose evidence is desired and
is necessary and relevant to an investigation under this Act-- (a) will not
attend before the Commission to give evidence without being compelled to do
so, or
(b) is about to or is making preparations to leave the State and the
person's evidence will not be obtained by the Commission if the person
departs,
the Commissioner may issue a warrant for the arrest of the person.
(3) A Commissioner is authorised to administer an oath or affirmation for the
purposes of subsection (2).
(4) A warrant may be issued under subsection (2)
without or before the issue of a summons to the person whose evidence is
desired.
(5) A warrant may be issued under subsection (2) after the issue of
a summons to the person whose evidence is desired, even though the time named
in the summons for the person to attend has not yet passed.
(6) A warrant
under this section authorises the arrest of the witness and his or her being
promptly brought before the Commission and detained in a prison or elsewhere
for that purpose until released by order of a Commissioner.
(7) A warrant
issued under this section may be executed by any member of the NSW Police
Force, or by any person to whom it is addressed, and the person executing it
may use such force as is reasonably necessary for the purpose of entering any
premises for the purpose of executing it.
(8) The issue of a warrant or the
arrest of a witness does not relieve the witness from any liability incurred
by the witness for non-compliance with a summons.
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