36Arrest of witness

#### 36 Arrest of witness 36 Arrest of witness > > (1) If a person served with a summons to appear as a witness at a hearing before the Commission fails to attend as required by the summons, the Commissioner may, on proof by statutory declaration of the service of the summons, issue a warrant for the arrest of the witness. > > > (2) The Commissioner may also issue a warrant for the arrest of a person who has been served with a summons to appear as a witness at a hearing before the Commission if the Commissioner is satisfied— > > > > > (a) by evidence on oath or affirmation that the person has made a representation that the person intends not to appear at the hearing as required by the summons, and > > > > > (b) that it is in the public interest that the person be compelled to do so to avoid serious prejudice to the conduct of an investigation. > > > (3) The Commissioner may require a person to take an oath or affirmation for the purposes of this section. > > > (4) A warrant may be issued under this section even though the time specified in the summons for the person to attend has not yet passed. > > > (5) A warrant issued under this section authorises the arrest of the witness and his or her being promptly brought before the Commission and detained in a prison or elsewhere for that purpose until released by order of the Commissioner. > > > (6) A warrant issued under this section may be executed by any police officer or by any person to whom it is addressed. > > > (7) A person executing a warrant issued under this section may use such force as is reasonably necessary for the purpose of entering any premises for the purpose of executing it. > > > (8) The issue of a warrant or arrest of a witness does not relieve the witness from any liability incurred by the witness for non-compliance with the summons. > > > (9) In this section— > > > > representation includes— > > > > > (a) an express or implied representation (whether oral or in writing), or > > > > > (b) a representation to be inferred from conduct, or > > > > > (c) a representation not intended by its maker to be communicated to or seen by another person, or > > > > > (d) a representation that for any reason is not communicated.