31Warrant for arrest of witness

#### 31 Warrant for arrest of witness (1) Where, upon application by an examiner, a Judge of the Federal Court or of the Supreme Court of a State or Territory 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 24, to deliver a travel document 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 subsection 28(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 subsection 30(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 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 into 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. (2B) A person executing a warrant under this section may only use such reasonable force as is necessary for the execution. (3) Where a person is apprehended in pursuance of a warrant under this section, he or she shall be brought, as soon as practicable, before a Judge of the Federal Court or of the Supreme Court of a State or Territory 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; (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. (4) Where a person is under detention in pursuance of 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 or of the Supreme Court of a State or Territory 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 thereupon exercise any of the powers of a Judge under subsection (3). (5) In this section, Australia includes the external Territories.