1991—No. 279 (NSW)

1991—No. 279

NATIONAL CRIME AUTHORITY (STATE PROVISIONS) ACT

1984—REGULATION

(Relating to the form of warrants for arrest of witness)

NEW SOUTH WALES

[Published in Gazette No. 96 of 21 June 1991]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the National Crime Authority (State Provisions) Act 1984, has been pleased to make the Regulation set forth hereunder.

TED PICKERING

Minister for Police and Emergency Services.

The National Crime Authority (State Provisions) Regulation 1986 is amended by omitting Form 3 from Schedule 1 and by inserting instead the following form:

FORM 3

(C1. 6)

National Crime Authority (State Provisions) Act 1984

# IN THE FEDERAL COURT OF AUSTRALIA

DISTRICT REGISTRY No. of 19

DIVISION

OR

# IN THE SUPREME COURT OF N.S.W. No. of 19

The application of

WARRANT TO APPREHEND

TO:
WHEREAS, upon the aplication made by *[ (full name) on behalf of] the

1991—No. 279

# I (fuIlname), a Judge of the Federal Court, sitting in Chambers, am

OR

# the Supreme Court is

satisfied by evidence on o th th t there are reasonable grounds to believe that (full name and address of person to be apprehended) who has been ordered, under section 15 of the National Crime Authority (State Provisions) Act 1984, to deliver #his/#her/passport to the Authority is nevertheless likley to leave Australia for the purpose of avoiding giving evidence before the Authority:

THESE ARE THEREFORE to command you to apprehend (full name of person to be apprehended) and to bring #him/#her/, as soon as practicable, before #a Judge of the Federal Court OR # before the Supreme Court to be dealt with according to law.

Dated

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

# (Signature and designation of Judge of Federal Court

issuing warrant)

OR

# (Signature of Judge of Supreme Court)

# Omit if inapplicable.

* Add words within brackets, if necessary.

EXPLANATORY NOTE

As a result of amendments to section 20 of the National Crime Authority (State Provisions) Act 1984 made by the Statute Law (Miscellaneous Provisions) Act (No. 2) 1990, the Supreme Court of New South Wales as well as the Federal Court of Australia is empowered to issue warrants for the arrest of National Crime Authority witnesses who have absconded or are likely to abscond. The object of this Regulation is to amend the National Crime Authority (State Provisions) Regulation 1986 so that the form of warrant for the arrest of witnesses includes references to the Supreme Court.