New South Wales Repealed Acts

This legislation has been repealed.

NATIONAL CRIME AUTHORITY (STATE PROVISIONS) ACT 1984 - SECT 20

20 Warrant for arrest of witness

(1) Where, upon application by or on behalf of the Authority, the Supreme Court is satisfied by evidence on oath that there are reasonable grounds to believe:

(a) that a person who has been ordered, under section 24 of the Commonwealth Act, to deliver the person's 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) that a person in relation to whom a summons has been issued under section 17 (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) that a person has committed an offence under section 19 (1) or is likely to do so,

the Supreme Court may issue a warrant for the apprehension of the person.

(2) The warrant may be executed by any member of the Australian Federal Police or of the Police Force of a State or Territory, or by any 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.

(2A) The warrant may be executed notwithstanding that the warrant is not at the time in the possession of the person executing it.

(3) Where a person is apprehended pursuant to a warrant under this section, the person shall be brought, as soon as practicable, before the Supreme Court, and the Supreme Court may:

(a) admit the person to bail, with such security as the Supreme Court thinks fit, on such conditions as the Supreme Court thinks necessary to ensure the appearance of the person as a witness before the Authority,

(b) order the continued detention of the person for the purpose of ensuring the appearance of the person as such a witness, or

(c) order the release of the person.

(4) Where a person is under detention pursuant to this section, the person shall, within 14 days after the person was brought, or last brought, before the Supreme Court in accordance with this section, or within such shorter or longer time as the Supreme Court has fixed upon the last previous appearance of the person before the Supreme Court under this section, be again brought before the Supreme Court and the Supreme Court may thereupon exercise any of the powers of the Supreme Court under subsection (3).

(5) In this section, "Australia" includes the external Territories.