27Arrest of witness failing to appear

#### 27 Arrest of witness failing to appear (1) If: (a) a person is given a notice under section 25 requiring the person to appear at a hearing of a Commission as a witness; and (b) the person fails to appear at the hearing in answer to the notice; the presiding member may, on proof by affidavit of the receipt of the notice by the person, issue a warrant under this section for the person’s apprehension. > Note: A person who is a Commonwealth judicial officer or a former Commonwealth judicial officer cannot be given a notice under section 25 (see subsection 25(5)). (2) The warrant is to authorise: (a) the apprehension of the witness; and (b) the witness being brought before the Commission; and (c) the detention of the witness in custody for that purpose until he or she is released by order of the presiding member. (3) The warrant may be executed by a constable. (4) If the constable executing the warrant believes on reasonable grounds that the witness is on any premises, the constable may (subject to subsection (5)) enter the premises, using such force as is necessary and reasonable in the circumstances, at any time of the day or night, for the purposes of executing the warrant. (5) The constable executing the warrant must not enter a dwelling house under subsection (4) at any time between 9 pm on a day and 6 am on the following day unless the constable believes on reasonable grounds that it would not be practicable to apprehend the witness, either at the dwelling house or elsewhere, at another time. (6) In this Act: > conveyance includes a vessel, aircraft or vehicle. > dwelling house includes a conveyance, and a room in a hotel, motel, boarding house or club, in which people ordinarily retire for the night.