Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If a person who
has been served with a summons pursuant to section 9 fails to attend as
required by the summons and section 10, the Chairman may, on proof by
statutory declaration of the service of the summons, issue a warrant for the
apprehension of that person.
(2) The Chairman may
issue a warrant for the apprehension of a person whose evidence is desired and
is necessary and relevant to the Commission’s inquiry if the Chairman is
satisfied by evidence on oath or affirmation that it is probable that the
person —
(a) will
not attend before the Commission to give evidence without being compelled to
do so; or
(b) is
about to or is making preparation to leave the State and the person’s
evidence will not be obtained by the Commission if the person departs.
(2a) A warrant may be
issued under subsection (2) without or before the issue of a summons to
the person whose evidence is desired.
(2b) 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 specified in the summons for
the person to attend has not yet passed.
(2c) A warrant under
this section authorises the apprehension of the person and the person being
promptly brought before the Commission and detained in custody for that
purpose in a prison or elsewhere until released by order of the Commission.
(3) A warrant issued
under this section may be executed by a member of the Police Force of the
State, or by any person to whom it is addressed, and the person executing it
has the power to break and enter any place, building or vessel for the purpose
of executing it.
(4) The apprehension
of a witness under this section does not prevent the witness from being dealt
with for contempt pursuant to section 13(1) by reason of his
non-compliance with the summons.
[Section 16 amended by No. 72 of 1990
s. 8; No. 45 of 2004 s. 37; No. 30 of 2006 s. 9.]