Text as at 15 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

61 Issue of warrant to arrest

(1)A warrant to arrest in the first instance may be issued—

S. 61(1)(a) repealed by No. 68/2009 s. 97(Sch. item 82.29).S. 61(1)(b) repealed by No. 69/2009 s. 54(Sch. Pt 1 item 34.5).

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(c)as authorised by any other Act.

S. 61(5)(c) repealed by No. 68/2009 s. 97(Sch. item 82.31).

(2)An application for a warrant to arrest in the first instance must be supported by evidence on oath or affirmation or by affidavit.

S. 61(2) amended by No. 6/2018 s. 68(Sch. 2 item 81.1).

(3)An affidavit supporting an application for a warrant to arrest in the first instance may be a copy of an affidavit transmitted by facsimile machine or other means of electronic communication.

S. 61(3) amended by No. 3/2016 s. 5.

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(5)A warrant to arrest other than in the first instance may be issued—

S. 61(5)(a) repealed by No. 68/2009 s. 97(Sch. item 82.31).S. 61(5)(b) repealed by No. 69/2009 s. 54(Sch. Pt 1 item 34.5).

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(d)as authorised by this or any other Act.

(6)A warrant to arrest other than in the first instance must include a statement of the reason for issuing the warrant.

Section 194 of the Evidence Act 2008 provides for issuing warrants to arrest a witness who fails to appear.