Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(1) If, on application by or on behalf of the authority, a judge of the Federal Court sitting in chambers is satisfied by evidence on oath that there are reasonable grounds to believe that a person—
(a) who has been ordered, under section 14, to deliver his or her passport to the authority, 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 authority; or
(b) in relation to whom a summons has been issued under section 16 (1)—
(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) has committed an offence under section 18 (1) or is likely to do so;
the judge may issue a warrant for the apprehension of the person.
(2) A warrant issued under subsection (1) may be executed by a member of the Australian Federal Police or the police force of a State, or by a person to whom it is addressed, and the person executing it has power to break and enter any premises, vessel, aircraft or vehicle for the purpose of executing it.
(3) The warrant may be executed notwithstanding that it is not at the time in the possession of the person executing it.
(4) If a person is apprehended under a warrant under this section, he or she shall be brought, as soon as practicable, before a judge of the Federal Court and the judge may—
(a) admit the person to bail, with such security as the judge thinks fit, on such conditions as the judge thinks necessary to ensure the person's appearance as a witness before the authority; or
(b) order his or her continued detention for the purpose of ensuring his or her appearance as such a witness; or
(c) order the person's release.
(5) If a person is under detention under this section, he or she shall, within 14 days after he or she was brought, or last brought, before a judge of the Federal Court in accordance with this section, or within such shorter or longer time as a judge has fixed on the person's last previous appearance under this section before a judge, be again brought before a judge and the judge may thereupon exercise any of the powers of a judge under subsection (4).
(6) In this section:
"Australia" includes the external Territories.