Document ID: chunk:federal_register_of_legislation:C2004A03930:body:0:p2
Version: federal_register_of_legislation:C2004A03930
Segment Type: other
Provision Reference: 
Character Range: 2558–5191

and (11b) and substituting the following subsection:

    "(11a) Where the child in relation to whom a warrant under subsection (9) or (10) has been issued is delivered to the person entitled to custody of, or access to, the child, that person shall, as soon as practicable after the delivery of the child, notify:

       (a) the Registrar of the court that issued the warrant; and

       (b) if an order under subsection 64a (1) or (4) has been made on an application by that person—the person to whom the order was directed;

of the fact that the child has been delivered to the person.".

6. After section 64 of the Principal Act the following section is inserted:

Power of court to require provision of information

"64a. (1) Where:

(a) a warrant has been issued under subsection 64 (9) or (10) in relation to a child; and

    (b) the court that issued the warrant, or another court exercising jurisdiction under this Part, is satisfied that a person (in this subsection called the 'relevant person') is likely to have or obtain information relating to:

(i) the child; or

(ii) another person who the court has reasonable cause to believe has possession of the child;

the court may, subject to this section, order the relevant person to provide, to the Registrar of the court, such information relating to the whereabouts of the child, or the other person, as the case may be, as the relevant person has or obtains.

"(2) An order under subsection (1) addressed to a person who holds a position in or in relation to a Commonwealth body does not apply to information that the person has or obtains because of holding that position.

"(3) If a court, under subsection (1), orders a person to provide information that the person has or obtains, then:

(a) the order operates for 12 months; and

    (b) the person shall provide the information as soon as practicable, or as soon as practicable after he or she obtains it, as the case requires.

"(4) Where:

(a) a warrant has been issued under subsection 64 (9) or (10) in relation to a child; and

    (b) the court that issued the warrant, or another court exercising jurisdiction under this Part, is satisfied that information relating to:

(i) the child; or

(ii) a person who the court has reasonable cause to believe has possession of the child;

    is likely to be contained in, or to come into, the records of a Department or a Commonwealth instrumentality;

the court may, subject to this section, order the Secretary to the Department, or an appropriate authority of the Commonwealth instrumentality, as the case may be, to provide, to the Registrar of the court,