48Witnesses who fail to appear at hearings may be apprehended

48 Witnesses who fail to appear at hearings may be apprehended

(1)  If a person served with a subpoena under section 47 to appear before a commission as a witness fails to appear in accordance with the subpoena, the presiding member may, on proof of the service of the subpoena, issue a warrant for the apprehension of the person.

(2)  When issuing a warrant under subsection (1) in respect of a witness, the presiding member may –

(a) require that the witness be held in custody until the witness –

(i) appears before the commission as required under the subpoena; or

(ii) is released by order of the presiding member, another member of the commission or such other person specified in the warrant; or

(b) require that the witness enter into a recognisance, on such terms as the presiding member considers appropriate, in order to secure the appearance of the witness at the hearing, and order that the witness be released from custody on entering into such a recognisance.

(3)  If, on being apprehended under a warrant issued under subsection (1) , the witness enters into a recognisance in accordance with subsection (2)(b) , the witness may be released, but, if the witness refuses to enter into such a recognisance, the witness may be held in custody until the witness appears before the commission as required under the subpoena.

(4)  A warrant may be executed by –

(a) a police officer; or

(b) a member of the police force of another State or a Territory; or

(c) the person to whom it is addressed.

(5)  The person executing a warrant may, with such assistance, and by such force, as is necessary and reasonable, enter any premises for the purpose of executing the warrant.

(6)  The apprehension of a witness under this section does not relieve the witness from any liability incurred because of noncompliance by the witness with the subpoena.