New South Wales Repealed Acts

This legislation has been repealed.

JUSTICES ACT 1902 - SECT 100AO

100AO How witness refusing to give evidence to be dealt with

(1) This section applies to a person who:

(a) appears before a Local Court on a subpoena, or

(b) appears before a Local Court on bail after being apprehended under a warrant referred to in section 100AN (1), or

(c) is brought before a Local Court under a warrant referred to in section 100AN (2) (a),

to give evidence, or produce any document or thing, or both.

(2) The Local Court may order that a warrant be issued for the committal of a person to whom this section applies to a correctional centre for a period not exceeding 7 days if the person refuses, without offering any just cause or reasonable excuse:

(a) to be examined on oath, or

(b) to take an oath, or

(c) to answer, after having taken an oath, any questions that are put to the person concerning the subject-matter of the proceedings, or

(d) to produce the document or thing.

(3) However, the person is to be released before the expiration of those 7 days if the person:

(a) consents to be examined on oath and to answer questions concerning the subject-matter of the proceedings, or

(b) produces the document or thing.

(4) A warrant under this section may be issued by any Justice.

(5) This section and section 100AN apply in relation to a subpoena to the exclusion of section 194 (Witnesses failing to attend proceedings) of the Evidence Act 1995 .

(6) In this section, a reference to a person who appears before a Local Court on bail after being apprehended under a warrant referred to in section 100AN (1) includes a reference to a person in respect of whom the requirement for bail has been dispensed with after being so apprehended.