Independent Broad-Based Anti-Corruption Commission Act 2011

The IBAC may apply to a Judge of the Supreme Court for the issue of a warrant to arrest a person, if—

the IBAC has commenced an investigation under section 60; and

as a result of the investigation, the IBAC suspects on reasonable grounds that conduct of the person constitutes corrupt conduct; and

a witness summons has been issued under section 120(1) in respect of the person but not served; and

the IBAC believes on reasonable grounds that—

the person is evading, attempting to evade, or likely to attempt to evade, service of the witness summons; and

the person is unlikely to attend before the IBAC in accordance with the witness summons, unless the person is arrested under an arrest warrant; and

the person is 18 years of age or over.

A Judge of the Supreme Court may issue an arrest warrant if satisfied by evidence on oath or affirmation that—

there are reasonable grounds for—

the suspicion under subsection (1)(b); and

the belief under subsection (1)(d); and

the granting of an arrest warrant is reasonable having regard to—

the evidentiary or intelligence value of the information, document or thing sought to be obtained from the person; and

the age of the person and any mental impairment to which the person is known or believed to be subject; and

if the person were not arrested, any information, document or thing sought to be obtained from the person would be lost and could not reasonably be obtained from any other source.