36Arrest of witness

#### 36 Arrest of witness 36 Arrest of witness > > (1) If a person served with a summons to attend the Commission as a witness fails to attend in answer to the summons, a Commissioner may, on proof by statutory declaration of the service of the summons, issue a warrant for the arrest of the witness. > > > (2) If a Commissioner is satisfied by evidence on oath or affirmation that it is probable that a person whose evidence is desired and is necessary and relevant to an investigation under this Act— > > > > > (a) will not attend before the Commission to give evidence without being compelled to do so, or > > > > > (b) is about to or is making preparations to leave the State and the person’s evidence will not be obtained by the Commission if the person departs, > > > > the Commissioner may issue a warrant for the arrest of the person. > > > (3) A Commissioner is authorised to administer an oath or affirmation for the purposes of subsection (2). > > > (4) A warrant may be issued under subsection (2) without or before the issue of a summons to the person whose evidence is desired. > > > (5) A warrant may be issued under subsection (2) after the issue of a summons to the person whose evidence is desired, even though the time named in the summons for the person to attend has not yet passed. > > > (6) A warrant 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 a Commissioner. > > > (7) A warrant issued under this section may be executed by any member of the NSW Police Force, or by any person to whom it is addressed, and the person executing it 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 the arrest of a witness does not relieve the witness from any liability incurred by the witness for non-compliance with a summons. > > **s 36:** Am 1997 No 60, Sch 4 \[1\]; 2011 No 62, Sch 3.14 \[1\]; 2016 No 65, Sch 1 \[3\].