Victorian Current Acts Victorian Current ActsS. 46(1) amended by Nos 3/2009 s. 11(1), 37/2014 s. 10(Sch. item 103.8), 6/2018 s. 68(Sch. 2 item 83.5).
(1) Where, on application by a police officer, the Court is satisfied by evidence on oath or by affirmation that there are reasonable grounds to believe—
(a) that a person in relation to whom a witness summons has been issued under Part 2—
(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
(b) that a person has committed an offence under section 37(1) or is likely to do so—
the Court may issue a warrant for the arrest of the person.
S. 46(2) amended by No. 37/2014 s. 10(Sch. item 103.8).
(2) The warrant may be executed by any police officer 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 the reasonable force that is necessary for the execution of the warrant.
S. 46(5) amended by No. 3/2009 s. 11(1), substituted by No. 55/2014 s. 165(1).
(5) A person arrested under the warrant must be brought, as soon as practicable, before the Court and the Court may—
(a) discharge the person from custody on bail in accordance with the Bail Act 1977 as if the person had been accused of an offence; or
(b) order the continued detention of the person in a prison or police gaol for the purpose of ensuring the person's appearance as a witness before the Chief Examiner until the person has concluded giving evidence; or
(c) order that the person be discharged from custody unconditionally.
S. 46(6) amended by No. 3/2009 s. 11(1).
(6) Where a person is under detention under this section, the person must, within 14 days after he or she was brought, or last brought, before the Court in accordance with this section, or within such shorter or longer time as the Court has fixed on the last previous appearance of the person before the Court under this section, be again brought before the Court and the Court may then exercise any of the powers of the Court under subsection (5).
S. 46(7) repealed by No. 55/2014 s. 165(2)(a).
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S. 46(8) amended by Nos 3/2009 s. 11(1), 37/2014 s. 10(Sch. item 103.8), 55/2014 s. 165(2)(b).
(8) If a person is detained in a prison or police gaol in accordance with an order made under subsection (5)(b), the Court may make an order for the person to be delivered into the custody of a police officer for the purpose of bringing the person before the Chief Examiner.
S. 46(9) inserted by No. 3/2009 s. 11(2).
(9) In this section "Court" means—
(a) in the case of a witness summons issued under section 14, the Supreme Court; and
(b) in the case of a witness summons issued under section 15, the Supreme Court or the County Court.