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Coroners Act 2006
Appointments, administration, powers, offences and penalties, and technical provisions
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130: Warrant under section 128 to be produced

Part 1:
General provisions

3Purpose of this Act 4Coroner's role 5Coroners must perform their duties without delay 6Coroners must have regard to relevant practice notes 7Chief coroner's functions 8Overview of this Act 9Interpretation 10Coroner defined 11Application of Act to deaths of members of visiting forces 11ATransitional, savings, and related provisions 12Act binds the Crown 12ATransitional and savings provisions relating to amendments to this Act

Part 2:
Deaths to be reported and post-mortems

Part 3:
Inquiries into causes and circumstances of deaths

Inquiries

57Purposes of inquiries 57ARecommendations or comments by coroners 57BCoroner must consult certain persons or organisations on recommendations or comments 58Adverse comments by coroners 59Jurisdiction of coroners to open inquiries 59ALimits on coroners’ jurisdiction to open inquiries 60Deaths into which inquiries must be opened 61Deaths where coroner may decide not to open inquiries 62Other deaths 63Decision whether to open and conduct inquiry 64Duties of coroner who decides not to open inquiry 65Coroner may decide to open inquiry despite initial decision 66Which coroner conducts inquiry 67Chief coroner and Secretary to be notified of inquiry 68Procedure if person charged with offence 69Procedure if some other investigation to be conducted 70Coroner may decide not to open or resume postponed or adjourned inquiry 71Restrictions on making public details of self-inflicted deaths 71AChief coroner may grant exemption from restrictions in section 71 72Permission referred to in section 71(2)73Definitions for sections 71 and 74 74Coroner may prohibit making public of evidence given at any part of inquiry proceedings 75Review of decisions relating to publication of details, evidence, etc 76People from whom evidence generally to be heard 77Coroner may hold hearing on papers and make chambers findings 77AAssociate coroner holds hearing on papers or refers death to chief coroner 78Protection for witnesses and counsel 79Admission and verification of evidence

Inquests

80Decision to hold inquest 81Date, etc, and notice of inquest 82Inquests usually to be before coroner alone 83Specialist advisers to sit with and help coroners 84Joint inquests 85Inquests usually to be public 86Coroner may exclude people from inquest 87Coroner may exclude witness until he or she gives evidence 88Evidence at inquest 89Others who may cross-examine at inquest 90Evidence by written statement confirmed by witness 91Evidence at distance for purposes of inquest

Completion of inquiries

92Body must be viewed before certain inquiries concluded 93Certificate of and written reasons for interim findings 94Certificate of and written reasons for findings 94AChief coroner to monitor inquiries not completed within 1 year 94BChief coroner to publish information regarding certain inquiries for which findings not completed

Inquiries or further inquiries ordered by Solicitor-General or High Court

95Inquiry if coroner has failed or refused to open one 96Inquiry if new facts discovered 97Further inquiry if sufficient reason 98Sections 95 to 97 subject to general jurisdiction 99Exercise of powers under sections 95 to 97 100Form and service of orders under sections 95 to 97 101Coroner must open and conduct inquiry accordingly 102Procedure at inquiries ordered under sections 95 to 97

Remote participation

102AUse of audio-visual links

Part 4:
Appointments, administration, powers, offences and penalties, and technical provisions

Appointments

103Coroners 104Relief coroners 104AAssociate coroners 104BCoroners, relief coroners, and associate coroners may continue in office to complete investigations 105Chief coroner 105ADeputy chief coroner 106Acting chief coroner 106AAttorney-General to publish information concerning coronial appointment process 107Concurrent office or employment 107ARecusal 108Coroners and associate coroners act full-time unless authorised to act part-time 109Maximum number of coroners 110Salaries and allowances 111When determination under section 110(1) comes into force 112Resignation 113Complaints 114Removal

Administration

115Police to help coroners' investigations 116Responsible department to provide administrative support 116AEstablishment and constitution of suicide and media expert panel

Powers

117Coroners' powers and immunities generally 117AFunctions, powers, duties, and immunities of associate coroners 118Coroner may call for investigations or examinations or commission reports 119Coroner may refer death to other investigating authorities 120Coroner may by written notice require person to supply information or documents or other things 121Grounds for refusing to comply with written notice 122Warrant for information, document, or other thing 123Entry and search under warrant under section 122 124Duties when executing warrant under section 122 125Grounds for withholding thing sought by warrant 126Review of dismissal of claim that section 121(2) applies 127Limits on use of information, etc, given or produced in response to notice under section 120 or obtained through execution of warrant under section 122 128Warrant for removal of body 129Entry and search under warrant under section 128 130Warrant under section 128 to be produced 131Power to seize evidence relevant to post-mortem 132Chief coroner may issue practice notes 133Chief coroner must designate coroners for specified kinds of deaths 133AAppointment of responsible or replacement coroner

Offences and penalties

134Failure to supply information or documents or other things as required by notice under section 120 135False or misleading statements and omissions in certain documents 136Non-compliance with direction about removal of body 137Failure or refusal to give report required 138False or misleading statement for purposes of section 64(3)139Publication of information in contravention of section 71 139APublication of information in contravention of section 74

Technical provisions

140Regulations 140ARules 140BSecretary may approve forms 141Transitional provisions: amendments to Coroners Act 1988 effective day after assent are in Schedule 1 142Transitional provisions: functions or powers available day after assent are in Schedule 2 143Coroners Act 1988 repealed 143ATransitional and savings provisions: arrangements effective after commencement of Coroners Amendment Act 2016 are in Part 1 of Schedule 1 144Transitional provisions: arrangements effective on and after 1 July 2007 are in Schedule 3 145Amendments relating to complaints against coroners are in Schedule 4 146Consequential amendments are in Schedule 5

Schedule 1:
Transitional, savings, and related provisions

Schedule 2:
Functions or powers available day after assent

Schedule 3:
Arrangements effective on and after 1 July 2007

Schedule 4:
Amendments to Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004

Schedule 5:
Consequential amendments

Summary of changes

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Part 4Appointments, administration, powers, offences and penalties, and technical provisions
Powers

130Warrant under section 128 to be produced

Every constable executing a warrant under section 128 must produce it for inspection upon initial entry and in response to any reasonable request after that and, when requested by or on behalf of the owner or an occupier of the place, person in charge of the craft, or driver or rider of the vehicle, must provide a copy of the warrant no later than 5 working days after the making of the request.
If the owner or an occupier of the place, person in charge of the craft, or driver or rider of the vehicle being searched is not present at the time of the search, the constable executing the warrant must leave in a prominent position at or in the place, craft, or vehicle being searched a written notice stating the date and time of the execution of the warrant and the name of the constable in charge of the search.

Notes

Section 130(1): amended, on 21 July 2016, by section 67 of the Coroners Amendment Act 2016 (2016 No 29).
Section 130(2): amended, on 21 July 2016, by section 67 of the Coroners Amendment Act 2016 (2016 No 29).

We haven’t prepared a plain language version of this yet

Part 4Appointments, administration, powers, offences and penalties, and technical provisionsPowers

130Warrant under section 128 to be produced

Part 4Appointments, administration, powers, offences and penalties, and technical provisions
Powers