Queensland Consolidated Acts

AUSTRALIAN CRIME COMMISSION (QUEENSLAND) ACT 2003 - SECT 24

24 Warrant for arrest of witness

(1) On application by an examiner, a judge of the Federal Court or the Supreme Court may issue a warrant for the apprehension of a person if the judge is satisfied by evidence on oath that there are reasonable grounds to believe—

(a) that the person has been ordered, under section 28 , to deliver his or her passport to the examiner, whether or not the person has complied with the order, but is nevertheless likely to leave Australia for the purpose of avoiding giving evidence before the examiner; or

(b) that a summons has been issued under section 19 (1) in relation to the person, and the person—

(i) has absconded or is likely to abscond; or

(ii) is otherwise attempting, or is otherwise likely to attempt, to evade service of the summons; or

(c) that the person has committed an offence under section 23 (1) or is likely to do so.

(2) The warrant may be executed by any person to whom it is addressed and the person executing it has power to break into and enter any premises, vessel, aircraft or vehicle for the purpose of executing it.

(3) A member of the Australian Federal Police can not execute the warrant unless he or she is also a member of the staff of the ACC.

(4) The warrant may be executed even if the warrant is not at the time in the possession of the person executing it.

(5) A person executing the warrant may only use the reasonable force that is necessary for the execution.

(6) If a person is apprehended under the warrant, he or she must be brought, as soon as practicable, before a judge of the Federal Court or the Supreme Court.

(7) The judge may—

(a) admit the person to bail, with the security the judge thinks fit, on the conditions he or she thinks necessary to ensure the appearance of the person as a witness before the examiner; or

(b) order the continued detention of the person for the purposes of ensuring his or her appearance as a witness before the examiner; or

(c) order the release of the person.

(8) If a person is under detention under this section, he or she must—

(a) within 14 days after he or she was brought, or last brought, before a judge of the Federal Court or the Supreme Court under this section; or

(b) within the shorter or longer time as a judge has fixed on the last previous appearance of the person before a judge under this section;

be again brought before a judge.

(9) The judge may then exercise any of the powers of a judge under subsection (7) .

(10) In this section—

"Australia" includes the external Territories.