# Arrest of witness failing to appear

> reg-5.06 — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text

5.06 Arrest of witness failing to appear
          (1) If a person who has been summoned to attend before a Commissioner fails:
                (a) to attend before the Commissioner as required by the summons; or
                (b) to appear and report in accordance with regulation 5.05;
              the Commissioner may, on being satisfied that the summons has been duly
              served and that reasonable expenses have been paid or tendered to the person,
              issue a warrant for the person’s arrest.
          (2) A warrant authorises:
               (a) the arrest and bringing before the Commissioner of the person; and
               (b) the detention of the person in custody for the purposes specified in the
                   warrant until the person is released by order of the Commissioner.
          (3) A warrant may be executed by a member of the police force of the
              Commonwealth or of a State or Territory or by any person to whom it is







               addressed, and the person executing it has power to break and enter any place,
               building or vessel, using any force that is necessary and reasonable, for the
               purpose of executing the warrant.
          (4) The arrest of a person under this regulation does not relieve that person from any
              liability incurred by the person because of the failure of that person to attend
              before the Commissioner.