Victorian Current Acts

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

    (1)     A person arrested under an arrest warrant issued under section 141A(2), 141B(2) or  141C(2) must be brought, as soon as practicable, before the Supreme Court or the Magistrates' Court and the Supreme Court or the Magistrates' Court (as the case requires) may—

        (a)     discharge the person from custody on bail in accordance with the Bail Act 1977 as if the person had been accused of an offence; or

        (b)     subject to subsection (2), order the continued detention of the person in a prison or police gaol, for the purpose of ensuring the person's attendance before the IBAC, for a specified period not exceeding 24 hours or until the person is excused by the IBAC, whichever is earlier; or

        (c)     order that the person be discharged from custody unconditionally.

    (2)     The Supreme Court or the Magistrates' Court must not make an order under subsection (1)(b) unless the Supreme Court or the Magistrates' Court (as the case requires) is satisfied that—

        (a)     detention of the person is necessary for the purpose of ensuring the person's attendance before the IBAC for the purposes of a witness summons issued under section 120(1); and

        (b)     the IBAC is taking all reasonable steps to schedule the attendance as soon as is practicable.

    (3)     If a person is detained in a prison in accordance with an order made under subsection (1)(b), the IBAC may give a written direction for the person to be delivered into the custody of a police officer for the purpose of bringing the person before the IBAC.

    (4)     If a person is detained in accordance with an order made under subsection (1)(b), the IBAC must, before the expiration of the period of detention specified in the order—

        (a)     release the person from custody unconditionally; or

        (b)     cause the person to be again brought before the Supreme Court or the Magistrates' Court.

    (5)     If a person is brought before the Supreme Court or the Magistrates' Court in accordance with subsection (4)(b), the Supreme Court or the Magistrates' Court (as the case requires) may exercise any of the powers set out in subsection (1).

Note

A person discharged or released from custody unconditionally is not relieved from any obligation to comply with a witness summons requiring attendance at a later date.

Pt 6 Div. 2B (Heading and s. 141G) inserted by No. 22/2020 s. 7F.

Division 2B—General provisions in respect of arrest warrant issued under Division 2 or 2A

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