Apprehension of witnesses failing to appear
35 Apprehension of witnesses failing to appear
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.
A warrant authorises—
the apprehension of the witness; and
the bringing of the witness before the commission; and
the detention of the witness in custody for that purpose until the witness is released by order of the chairperson.
A warrant may be executed by—
a police officer; or
a member of the police service or force of a State or the Northern Territory; or
the person to whom it is addressed.
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.
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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