South Australian Numbered Acts

AUSTRALIAN CRIME COMMISSION (SOUTH AUSTRALIA) ACT 2004 (NO 7 OF 2004) - SECT 24

24—Warrant for arrest of witness

        (1)         Where, upon application by an examiner, a Judge of the Federal Court sitting in chambers or 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 28, to deliver his or her 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 19(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 23(1) 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 any person 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)         A member of the Australian Federal Police cannot execute the warrant unless he or she is also a member of the staff of the ACC.

        (4)         The warrant may be executed even if the warrant is not at the time in the possession of the person executing it.

        (5)         A person executing the warrant may only use such reasonable force as is necessary for the execution.

        (6)         Where a person is apprehended under the warrant, he or she 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 thinks fit, on such conditions as he or she thinks 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 his or her appearance as such a witness; or

            (c)         order the release of the person.

        (7)         Where a person is under detention under this section, he or she must, within 14 days after he or she was brought, or last brought, before a Judge of the Federal Court or the Supreme Court in accordance with this section, or within such shorter or longer time as a Judge has fixed upon 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 (6).

        (8)         In this section—

"Australia" includes the external Territories.