42Failure to give or produce evidence is contempt

42 Failure to give or produce evidence is contempt

(1)  A person who has been served with a notice under section 33(1) and who fails, without reasonable excuse, to appear before an inquiry or produce the document or thing specified in the notice is guilty of contempt.

(2)  Punishment for contempt, or liability to be so punished, does not excuse a person referred to in subsection (1) from complying with the requirement to appear before an inquiry or to produce a document or thing to the Commissioner.

(3)  The Commissioner may apply to a magistrate for a warrant to have a person referred to in subsection (1) apprehended and brought before the Commissioner.

(4)  A magistrate to whom an application under subsection (3) is made may issue a warrant if satisfied that the person who is the subject of the application –

(a) has been served with a notice under section 33(1) ; and

(b) has failed, without reasonable excuse, to appear before an inquiry or produce the document or thing specified in the notice.

(5)  A warrant issued under this section authorises any police officer to –

(a) apprehend the person named in the warrant and bring that person before the Commissioner; and

(b) detain that person in custody to secure the person's attendance before the Commissioner.

(6)  A police officer executing a warrant issued under this section is, for that purpose, authorised to enter and search any place, building or vehicle, using such force as is reasonably necessary.

(7)  A person who is apprehended and detained in custody pursuant to a warrant issued under this section may apply to a judge of the Supreme Court to be released from custody.

(8)  The release of a person from custody under this section may be made subject to any conditions that the judge considers appropriate.