Western Australian Numbered Acts

ROYAL COMMISSION (POLICE) ACT 2002 (NO. 10 OF 2002) - SECT 9

9 .         Arrest of witness

        (1)         If a person served with a summons under section 9 of the 1968 Act fails to attend as required by the summons and section 10 of that Act, the Commissioner may, on proof by statutory declaration of the service of the summons, issue a warrant for the apprehension of that person.

        (2)         The Commissioner may issue a warrant for the apprehension of a person whose evidence is desired and is necessary and relevant to the Commission’s inquiry if the Commissioner is satisfied by evidence on oath or affirmation that it is probable that the person —

            (a)         will not attend before the Commission to give evidence without being compelled to do so; or

            (b)         is about to or is making preparation to leave the State and the person’s evidence will not be obtained by the Commission if the person departs.

        (3)         The powers conferred by subsection (2) must not be exercised unless the Commissioner is satisfied that the evidence of the person concerned is required for the purpose of investigating any conduct of a person that constitutes or involves or may constitute or involve corrupt conduct or criminal conduct.

        (4)         A warrant may be issued under subsection (2) without or before the issue of a summons to the person whose evidence is desired.

        (5)         A warrant may be issued under subsection (2) after the issue of a summons to the person whose evidence is desired, even though the time specified in the summons for the person to attend has not yet passed.

        (6)         A warrant under this section authorises the apprehension of the person and his or her being promptly brought before the Commission and detained in custody for that purpose until released by order of the Commissioner.

        (7)         A warrant issued under this section may be executed by a member of the Police Force, or by any person to whom it is addressed, and the person executing it may use such force as is reasonably necessary for the purpose of entering any premises for the purpose of executing it.

        (8)         The apprehension of a witness under this section does not prevent the witness from being dealt with for contempt under section 41 for non-compliance with the summons.

        (9)         This section operates in place of section 16 of the 1968 Act.