Document ID: chunk:federal_register_of_legislation:C2004A03930:body:0:p7
Version: federal_register_of_legislation:C2004A03930
Segment Type: other
Provision Reference: 
Character Range: 14754–17447

if the alleged offender is brought before the other court as required by the order, the other court shall, without delay, proceed to hear and determine the application referred to in paragraph (5) (c);

    (c) if the alleged offender is not brought before the other court as required by the order, he or she shall be released without delay.

"(8) Where a court hearing an application pursuant to subsection (4) or paragraph (7) (b) adjourns the hearing, the court shall:

    (a) order the alleged offender to be kept in such custody as the court considers appropriate during the adjournment; or

    (b) order that the alleged offender is to be released from custody, either on his or her entering into a recognizance (with or without surety or security) that he or she will attend before the court on the resumption of the hearing or otherwise.

"(9) Nothing in subsection (8) authorises the alleged offender being kept in custody during an adjournment of proceedings that:

    (a) is expressed to be for a period of more than 24 hours; or

    (b) continues for more than 24 hours.

"(10) A warrant issued under subsection (2) stops being in force:

    (a) if a date, being a date not later than 6 months after the issue of the warrant, is specified in the warrant as the date on which it stops being in force—on that date; or

    (b) if no date is specified as mentioned in paragraph (a)—6 months after the issue of the warrant.

"(11) In this section:

'relevant period', in relation to the arrest of a person, means:

       (a) where paragraph (b) does not apply—the period starting when the person is arrested and ending 24 hours later; or

       (b) where a Sunday or public holiday starts within 24 hours after the person is arrested—the period starting when the person is arrested and ending 48 hours later.".

Injunctions

12. Section 70c of the Principal Act is amended by omitting subsection (4).

13. Section 70d of the Principal Act is repealed and the following section is substituted:

Powers of arrest

"70d. (1) Where:

    (a) an injunction is in force under section 70c for the personal protection of a person; and

    (b) a police officer believes, on reasonable grounds, that the person against whom the injunction is directed (in this section called the

    'respondent') has, since the injunction was granted, breached the injunction by causing, or threatening to cause, bodily harm to the person referred to in paragraph (a);
the police officer may arrest the respondent without warrant.

"(2) Subsections 114aa (3), (4), (5) and (7) apply in relation to a person arrested under this section as if:

    (a) the person had been arrested under subsection 114aa