Document ID: chunk:federal_register_of_legislation:F2016C00720:reg:40
Version: federal_register_of_legislation:F2016C00720
Segment Type: reg
Provision Reference: reg 40
Character Range: 31534–32267

40  Issue of warrant
 (1) Subject to this rule, the Registrar may issue an arrest warrant.
 (2) The arrest warrant must be in accordance with Form 14.
 (3) Except by leave of the court, an arrest warrant must not be issued if the Registrar is made aware that:
 (a) a caveat against the arrest of the ship or other property is in force and:
 (i) the proceeding is a proceeding of the kind specified in the caveat;
 (ii) the caveat specifies an amount that is not less than the amount claimed by the applicant; and
 (iii) the period prescribed by subrule 9(2) has not expired;
 (b) the proceeding is stayed because payment has been made into court; or
 (c) a bail bond in not less than the amount claimed by the party has been filed.