Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p6
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 6/53)
Character Range: 373048–375614

under a warrant must:
 (a) arrange for the person arrested to be brought before the court that issued the warrant or another court having jurisdiction under the Family Law Act, before the end of the holding period; and
 (b) take all reasonable steps to ensure that, before the person arrested is brought before a court, the person on whose application the warrant was issued is advised about:
 (i) the arrest; and
 (ii) the court before which the person arrested will be brought; and
 (iii) the date and time when the person arrested will be brought before the court.
 (3) When a person arrested under a warrant is brought before a court, the court may:
 (a) if the court issued the warrant:
 (i) make any of the orders referred to in subrule (1); or
 (ii) adjourn the proceeding and direct the Registry Manager to take all reasonable steps to ensure that the person on whose application the warrant was issued is advised about the arrest and the date and time when the person must attend before the court if the person wishes to bring or continue an application; or
 (iii) if the application for which the warrant was issued is before the court or the court allows another application—hear and determine the application; or
 (iv) if there is no application before the court—order the release from custody of the person arrested; and
 (b) if the court did not issue the warrant:
 (i) order that the person arrested be held in custody until the person is brought before the court specified in the warrant; and
 (ii) make an order referred to in subrule (1); and
 (iii) make inquiries of the court that issued the warrant (for example, inquiries about current applications and hearing dates).
 (4) A person arrested under this rule who is still in custody at the end of the holding period must be released from custody unless otherwise ordered.
 (5) This rule does not apply to a person who is arrested:
 (a) under a warrant issued under section 70NDA of the Family Law Act; or
 (b) without a warrant, under a recovery order; or
 (c) without a warrant, under sections 68C and 114AA of the Family Law Act.
Note: The provisions referred to in subrule (5) are excluded because the procedure on arrest is set out in the Family Law Act.
 (6) In this rule:
holding period, for a person arrested in accordance with a warrant, has the meaning given by subsection 70PB(4) of the Family Law Act.

11.83  Application for release or setting aside warrant
  A person arrested in accordance with a warrant may apply:
 (a) for the warrant to be set aside; or
 (b) to be released from