Document ID: chunk:federal_register_of_legislation:C2004A04741:body:0:p16
Version: federal_register_of_legislation:C2004A04741
Segment Type: other
Provision Reference: 
Character Range: 37119–39784

for a reasonable time pending the obtaining of a warrant for the apprehension of the person from the State or Territory in which the condition was imposed.

"(5) A release referred to in paragraph (4)(a) does not affect the operation of the bail order or the conditions of the bail imposed in the other State or Territory.

Power of arrest without warrant by other persons

"3Z.(1) A person who is not a constable may, without warrant, arrest another person if he or she believes on reasonable grounds that:

    (a) the other person is committing or has just committed an indictable offence; and

    (b) proceedings by summons against the other person would not achieve one or more of the purposes referred to in paragraph 3W(1)(b).

"(2) A person who arrests another person under subsection (1) must, as soon as practicable after the arrest, arrange for the other person, and any property found on the other person, to be delivered into the custody of a constable.

Warrants for arrest

"3ZA.(1) An issuing officer must not, under a law of a State or Territory applied by section 68 of the Judiciary Act 1903, issue a warrant for the arrest of a person for an offence as a result of an information laid before the officer unless:

  (a) the information is on oath; and

     (b) except where the issuing officer is informed that the warrant is sought for the purpose of making a request for the extradition of a person from a foreign country—the informant has given the issuing officer an affidavit setting out the reasons why the warrant is sought, including:

        (i) the reasons why it is believed that the person committed the offence; and

        (ii) the reasons why it is claimed that proceedings by summons would not achieve one or more of the purposes set out in paragraph 3W(1)(b); and

     (c) if the issuing officer has requested further information concerning the reasons for which the issue of the warrant is sought—that information has been provided to the officer; and

     (d) the issuing officer is satisfied that there are reasonable grounds for the issue of the warrant.

"(2) If an issuing officer issues such a warrant, the officer must write on the affidavit which of the reasons specified in the affidavit, and any other reasons, he or she has relied on as justifying the issue of the warrant.

Power to enter premises to arrest offender

  "3ZB.(1) Subject to subsection (3), if:

    (a) a constable has, under a warrant, power to arrest a person for an offence; and

    (b) the constable believes on reasonable grounds that the person is on any premises;

the constable may enter the premises, using such force as is necessary