Document ID: chunk:federal_register_of_legislation:F2016C00720:reg:43
Version: federal_register_of_legislation:F2016C00720
Segment Type: reg
Provision Reference: reg 43
Character Range: 33415–35204

43  Execution of arrest warrants
 (1) The execution of an arrest warrant must be undertaken by the Marshal.
 (1A) At the same time that the arrest warrant is executed, the following documents must be served at or near the place where service of initiating process occurred in accordance with rule 30:
 (a) the affidavit in support of the application for the arrest warrant;
 (b) a copy of the writ and all annexures and exhibits to the affidavit (unless it is not reasonable in the circumstances to do so).
 (2) The arrest warrant must be executed in the same way as initiating process is served.
 (3) An arrest warrant must not be executed on a ship or other property unless initiating process in the proceeding concerned has previously been served, or is to be served concurrently with the execution of the warrant, on the ship or property.
 (4) A ship or other property may be arrested in a proceeding after judgment has been given in the proceeding.
 (5) The Marshal must not execute an arrest warrant if the applicant so requests or the court so orders.
 (6) A request must be in accordance with Form 15.
 (7) If an arrest warrant that specifies a ship or other property has been issued, the court may, on the application of:
 (a) if a caveat against the arrest of the ship or property is, at the time of the application, in force—the caveator; or
 (b) in any case—an interested person in relation to the ship or property;
and on such terms as are just, order that the arrest warrant:
 (c) be discharged; or
 (d) be not executed or be not executed within a specified time.
 (8) A caveator or interested person may apply to the court for an order that the arrest warrant be discharged because of a failure to comply with rule 39 in relation to the application for the arrest warrant.