Australian Capital Territory Consolidated Acts

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ROYAL COMMISSIONS ACT 1991 - SECT 35

Apprehension of witnesses failing to appear

    (1)     If a person served with a subpoena to appear before a commission as a witness fails to appear or attend under the subpoena, the chairperson may, on proof of the service of the subpoena, issue a warrant for the apprehension of the person.

    (2)     A warrant authorises—

        (a)     the apprehension of the witness; and

        (b)     the bringing of the witness before the commission; and

        (c)     the detention of the witness in custody for that purpose until the witness is released by order of the chairperson.

    (3)     A warrant may be executed by—

        (a)     a police officer; or

        (b)     a member of the police service or force of a State or the Northern Territory; or

        (c)     the person to whom it is addressed.

    (4)     The person executing a warrant may, with such assistance, and by such force, as is necessary and reasonable, enter any premises for the purpose of executing the warrant.

    (5)     The apprehension of a witness under this section does not relieve the witness from any liability incurred by reason of noncompliance by the witness with the subpoena.



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