Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p52
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 52/86)
Character Range: 183098–185834

Part considers that there is a possibility or threat that a child may be removed from Australia, it may order the passport of the child and of any other person concerned to be delivered up to the court upon such conditions as the court considers appropriate.

"Division 9—Injunctions

What this Division does

"68A. This Division deals with proceedings for injunctions in relation to children.

Injunctions

"68B.(1) If proceedings are instituted in a court having jurisdiction under this Part for an injunction in relation to a child, the court may make such order or grant such injunction as it considers appropriate for the welfare of the child, including:

(a) an injunction for the personal protection of the child; or

(b) an injunction for the personal protection of:

       (i) a parent of the child; or

       (ii) a person who has a residence order or a contact order in relation to the child; or

       (iii) a person who has a specific issues order in relation to the child under which the person is responsible for the child's long-term or day-to-day care, welfare and development; or

(c) an injunction restraining a person from entering or remaining in:

       (i) a place of residence, employment or education of the child; or

       (ii) a specified area that contains a place of a kind referred to in subparagraph (i); or

(d) an injunction restraining a person from entering or remaining in:

       (i) a place of residence, employment or education of a person referred to in paragraph (b); or

       (ii) a specified area that contains a place of a kind referred to in subparagraph (i).

"(2) A court exercising jurisdiction under this Act (other than in proceedings to which subsection (1) applies) may grant an injunction in relation to a child, by interlocutory order or otherwise, in any case in which it appears to the court to be just or convenient to do so.

"(3) An injunction under this section may be granted unconditionally or on such terms and conditions as the court considers appropriate.

Powers of arrest

"68C.(1) If:

   (a) an injunction is in force under section 68B for the personal protection of a person (the 'protected person'); and

   (b) a police officer believes, on reasonable grounds, that the person (the 'respondent') against whom the injunction is directed has breached the injunction by causing, or threatening to cause, bodily harm to the protected person or by harassing or molesting that person;

the police officer may arrest the respondent without warrant.

"(2) For the purposes of subsection (1), an injunction granted under section 68B is an injunction for the personal protection of a person if, and only if, it is expressed to be for the personal protection of the