sec.36Application for arrest warrant

### sec.36 Application for arrest warrant The ombudsman may apply to a magistrate for a warrant for the arrest of a person ( arrest warrant ) if— the person has not complied with an investigation requirement given to the person under section 29 (1) to attend before the ombudsman; and the ombudsman has not given the person advice under section 30 (2) to the effect that an excuse given by the person for not attending is, in the ombudsman’s opinion, a reasonable excuse; and the person has also not complied with a subpoena issued because of the failure to comply with the investigation requirement. The application must be sworn and state the grounds on which the warrant is sought. The magistrate may refuse to consider the application until the ombudsman gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration. (sec.36-ssec.1) The ombudsman may apply to a magistrate for a warrant for the arrest of a person ( arrest warrant ) if— the person has not complied with an investigation requirement given to the person under section 29 (1) to attend before the ombudsman; and the ombudsman has not given the person advice under section 30 (2) to the effect that an excuse given by the person for not attending is, in the ombudsman’s opinion, a reasonable excuse; and the person has also not complied with a subpoena issued because of the failure to comply with the investigation requirement. (sec.36-ssec.2) The application must be sworn and state the grounds on which the warrant is sought. (sec.36-ssec.3) The magistrate may refuse to consider the application until the ombudsman gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration. - (a) the person has not complied with an investigation requirement given to the person under section 29 (1) to attend before the ombudsman; and - (b) the ombudsman has not given the person advice under section 30 (2) to the effect that an excuse given by the person for not attending is, in the ombudsman’s opinion, a reasonable excuse; and - (c) the person has also not complied with a subpoena issued because of the failure to comply with the investigation requirement.