Victorian Current Acts

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INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 141A

Warrant to arrest potential witness who has not yet been summoned

    (1)     The IBAC may apply to a Judge of the Supreme Court for the issue of a warrant to arrest a person, if—

        (a)     the IBAC has commenced an investigation under section 60; and

        (b)     as a result of the investigation, the IBAC suspects on reasonable grounds that conduct of the person constitutes corrupt conduct; and

        (c)     a witness summons has not been issued under section 120(1) in respect of the person; and

        (d)     the IBAC believes on reasonable grounds that—

              (i)     the person is about to leave, is making preparations to leave, or is likely to leave, the State; and

              (ii)     if a witness summons were issued under section 120(1), including a summons requiring immediate attendance under section 124(2), the person would be unlikely to attend before the IBAC, unless the person were arrested under an arrest warrant; and

        (e)     the person is 18 years of age or over.

    (2)     A Judge of the Supreme Court may issue an arrest warrant if satisfied by evidence on oath or affirmation that—

        (a)     there are reasonable grounds for—

              (i)     the suspicion under subsection (1)(b); and

              (ii)     the belief under subsection (1)(d); and

        (b)     the granting of an arrest warrant is reasonable having regard to—

              (i)     the evidentiary or intelligence value of the information, document or thing sought to be obtained from the person; and

              (ii)     the age of the person and any mental impairment to which the person is known or believed to be subject; and

        (c)     if the person were not arrested, any information, document or thing sought to be obtained from the person would be lost and could not reasonably be obtained from any other source.

S. 141B inserted by No. 22/2020 s. 7F.



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