141EArrest warrant under section 141A, 141B or 141C may be granted by telephone or audio visual link in certain circumstances

141E Arrest warrant under section 141A, 141B or 141C may be granted by telephone or audio visual link in certain circumstances (1) An application by the IBAC for an arrest warrant under section 141A(1), 141B(1) or 141C(1) may be made by telephone or audio visual link if the IBAC believes on reasonable grounds that— (a) the application is urgent; and (b) the person to be named in the arrest warrant is about to leave the State. (2) An application made by telephone or audio visual link for an arrest warrant must be supported by— (a) an affidavit setting out the grounds for an arrest warrant under section 141A(1), 141B(1) or 141C(1), as the case requires, and the grounds for the belief under subsection (1), that is— (i) sworn or affirmed; or (ii) if it is not reasonably practicable for the affidavit to be sworn or affirmed, a prepared copy of the affidavit that is not sworn or affirmed; or (b) if it is not reasonably practicable for an affidavit to be prepared, as much information as the Judge of the Supreme Court deciding the application considers is reasonably practicable in the circumstances, regarding— (i) the grounds for an arrest warrant under section 141A(1), 141B(1) or 141C(1), as the case requires; and (ii) the grounds for the belief under subsection (1). (3) If the IBAC makes an application by telephone or audio visual link for an arrest warrant that is supported by an affidavit (whether or not sworn or affirmed), the IBAC must transmit by electronic communication a copy of the affidavit to the Judge of the Supreme Court deciding the application. (4) A Judge of the Supreme Court may issue an arrest warrant under section 141A(2), 141B(2) or 141C(2) on an application made by telephone or audio visual link if satisfied that— (a) the grounds for issuing an arrest warrant under section 141A(2), 141B(2) or 141C(2) are satisfied; and (b) there are reasonable grounds for the belief under subsection (1). (5) If a Judge of the Supreme Court issues an arrest warrant under section 141A(2), 141B(2) or 141C(2) on an application made by telephone or audio visual link, the Judge must— (a) inform the IBAC of the issue of the arrest warrant; and (b) if practicable, transmit by electronic communication a copy of the arrest warrant to the IBAC. (6) If it is not practicable to transmit by electronic communication a copy of the arrest warrant to the IBAC, the Judge may direct the IBAC to— (a) complete a form of arrest warrant in the terms stated to the IBAC by the Judge of the Supreme Court and write on it the name of the Judge and the date on which and the time at which the arrest warrant was issued; and (b) provide the form of arrest warrant completed by the IBAC to the Judge of the Supreme Court as soon as practicable. (7) If the IBAC makes an application to a Judge of the Supreme Court by telephone or audio visual link for an arrest warrant, whether or not an arrest warrant is issued, the IBAC must provide to the Judge, not later than the day following the day on which the application was made, a sworn or affirmed affidavit setting out the grounds for the arrest warrant in the same terms stated by the IBAC under subsection (2). (8) If an application under section 141A(1), 141B(1) or 141C(1) is made by telephone or audio visual link and the application is supported by a prepared affidavit specified in subsection (2)(a)(ii) or information specified in subsection (2)(b), a Judge of the Supreme Court may issue an arrest warrant under section 141A(2), 141B(2) or 141C(2) despite the evidence not being given under oath or affirmation. S. 141F inserted by No. 22/2020 s. 7F. 141F Person arrested must be brought before the Supreme Court or Magistrates' Court (1) A person arrested under an arrest warrant issued under section 141A(2), 141B(2) or 141C(2) must be brought, as soon as practicable, before the Supreme Court or the Magistrates' Court and the Supreme Court or the Magistrates' Court (as the case requires) 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) subject to subsection (2), order the continued detention of the person in a prison or police gaol, for the purpose of ensuring the person's attendance before the IBAC, for a specified period not exceeding 24 hours or until the person is excused by the IBAC, whichever is earlier; or (c) order that the person be discharged from custody unconditionally. (2) The Supreme Court or the Magistrates' Court must not make an order under subsection (1)(b) unless the Supreme Court or the Magistrates' Court (as the case requires) is satisfied that— (a) detention of the person is necessary for the purpose of ensuring the person's attendance before the IBAC for the purposes of a witness summons issued under section 120(1); and (b) the IBAC is taking all reasonable steps to schedule the attendance as soon as is practicable. (3) If a person is detained in a prison in accordance with an order made under subsection (1)(b), the IBAC may give a written direction for the person to be delivered into the custody of a police officer for the purpose of bringing the person before the IBAC. (4) If a person is detained in accordance with an order made under subsection (1)(b), the IBAC must, before the expiration of the period of detention specified in the order— (a) release the person from custody unconditionally; or (b) cause the person to be again brought before the Supreme Court or the Magistrates' Court. (5) If a person is brought before the Supreme Court or the Magistrates' Court in accordance with subsection (4)(b), the Supreme Court or the Magistrates' Court (as the case requires) may exercise any of the powers set out in subsection (1). A person discharged or released from custody unconditionally is not relieved from any obligation to comply with a witness summons requiring attendance at a later date. Pt 6 Div. 2B (Heading and s. 141G) inserted by No. 22/2020 s. 7F. Division 2B—General provisions in respect of arrest warrant issued under Division 2 or 2A S. 141G inserted by No. 22/2020 s. 7F. 141G Person arrested under arrest warrant issued under Division 2 or 2A to be given opportunity to seek legal advice or legal representation (1) Subject to section 127 and subsection (2), the IBAC is required to give a person arrested under an arrest warrant issued under Division 2 or 2A a reasonable opportunity to seek legal advice or obtain legal representation before the time specified for the person to attend before the IBAC in accordance with a witness summons issued under section 120(1). (2) Despite section 127(6), if the IBAC gives a direction under section 127(2), the IBAC is not required to allow the person bound by the direction at least 3 days from the receipt of the direction to obtain legal advice or representation by another Australian legal practitioner before the person is required to attend before the IBAC in accordance with the witness summons issued under section 120(1). S. 142 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 16.36). S. 142 inserted by No. 28/2012 s. 21 (as amended by No. 82/2012 s. 151(3)), amended by Nos 22/2020 s. 7G, 31/2024 s. 113(Sch. 1 item 16.37).