90Application for warrant to arrest witness

90 Application for warrant to arrest witness

(1) An authorised officer may apply to a superior court judge for a warrant to arrest a person if: (a) both of the following apply: (i) the person has been ordered to deliver a travel document to the Commissioner (whether or not the person has complied with the order); (ii) the authorised officer has reasonable grounds to believe that the person is likely to leave Australia for the purpose of avoiding giving evidence at a hearing; or (b) the person is to be served with a summons under section 63 and the authorised officer has reasonable grounds to believe that the person: (i) has absconded or is likely to abscond; or (ii) is otherwise attempting, or likely to attempt, to evade service of the summons; or (c) the authorised officer has reasonable grounds to believe that the person has committed an offence under section 68 (failure to attend hearing), or is likely to do so. (2) An authorised officer must give the judge information on oath, or by affirmation, in support of the grounds for the application. (3) A superior court judge is: (a) a Judge of the Federal Court; or (b) a Judge of the Supreme Court of a State or Territory.