New South Wales Consolidated Acts

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FINES ACT 1996 - SECT 75A

Enforcement of order for examination

75A Enforcement of order for examination

(1) If a person who is issued with an order for examination fails to attend in accordance with the order, the Commissioner may issue a warrant for the apprehension of the person and for the person to be brought before the Commissioner or other specified authorised officer, or before a specified officer of a court, for examination in accordance with this section.
(2) Any such warrant of apprehension--
(a) may not be issued unless the Commissioner is satisfied that the order for examination was duly served on the person, and
(b) may not be issued until at least 14 days after the person was notified (in the manner required for the service of a fine enforcement order) that a warrant will issue if the person does not attend for examination in accordance with this section, and
(c) is to be directed to the Sheriff and may be executed by the Sheriff or by the Sheriff's officers or by any court bailiffs authorised by the Sheriff, and
(d) may be executed with the assistance of any police officer.
(3) The Commissioner may report the following matters to the Supreme Court or the District Court for determination--
(a) a failure to attend in accordance with an order for examination,
(b) a refusal, without reasonable excuse, to give evidence on oath or affirmation after attending for examination,
(c) the giving of false information at an examination,
(d) a failure, without reasonable excuse, to produce any document or thing required to be produced by an order for examination.
(4) The court to which the matter is referred may deal with the matter as if it were a contempt of that court.



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