Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) If, on application by an examiner, a judge of the Federal Court or the Supreme Court sitting in chambers is satisfied by evidence on oath that there are reasonable grounds to believe—
(a) that a person who has been ordered, under section 31 (Order for giving passport of witness to examiner), to give the person's passport to the examiner, whether or not the person has complied with the order, is nevertheless likely to leave Australia for the purpose of avoiding giving evidence before the examiner; or
(b) that a person in relation to whom a summons has been issued under section 22 (1) (Power to summon witnesses and take evidence)—
(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 a person has committed an offence against section 26 (1) (Failure of witnesses to attend and answer questions) or is likely to do so;
the judge may issue a warrant for the apprehension of the person.
(2) The warrant may be executed by anyone 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) The warrant may be executed even if the warrant is not at the time in the possession of the person executing it.
(4) A person executing the warrant may only use such reasonable force as is necessary for the execution.
(5) If a person is apprehended under the warrant, the person must be brought, as soon as practicable, before a judge of the Federal Court or the Supreme Court and the judge may—
(a) admit the person to bail, with such security as the judge considers appropriate, on such conditions as the judge considers 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 the person's appearance as a witness; or
(c) order the release of the person.
(6) If a person is under detention under this section, the person must, within 14 days after the day the person was brought, or last brought, before a judge of the Federal Court or the Supreme Court in accordance with this section, or within the shorter or longer time that a judge has fixed on the last previous appearance of the person before a judge under this section, be again brought before a judge and the judge may then exercise any of the powers of a judge under subsection (5).
(7) In this section:
"Australia "includes the external Territories.