Document ID: chunk:federal_register_of_legislation:C2004A03930:body:0:p5
Version: federal_register_of_legislation:C2004A03930
Segment Type: other
Provision Reference: 
Character Range: 9899–12603

to that provision and is binding on the legal personal representative of that party but, in spite of any provision of the agreement, does not continue to operate after the death of the person who is entitled to receive those payments.".

Heading to Division 12 of Part VII

9. The heading to Division 12 of Part VII of the Principal Act is omitted and the following heading is substituted:

"Division 12—Obligations created by custody and access orders".

Interfering with child subject to custody order

10. Section 70 of the Principal Act is amended:

    (a) by inserting in subsection (3) "or section 112ad" after "this Part";

    (b) by omitting subsections (5), (6), (7) and (8).

11. After section 70 of the Principal Act the following section is inserted:

Warrants for arrest of persons who contravene custody or access orders

"70aa. (1) This section applies where:

    (a) a court having jurisdiction under this Part is satisfied, on application by a person who has been granted custody of, or access to, a child by an order under this Part or section 112ad, that there are reasonable grounds for believing that another person (in this section called the 'alleged offender') has contravened subsection 70 (1), (2) or (3) in relation to the order;

    (b) there is an application before the court for the alleged offender to be dealt with under section 112ad for the contravention; and

    (c) the court is satisfied that the issue of a warrant is necessary to ensure that the alleged offender will attend before a court to be dealt with under section 112ad for the contravention.

"(2) The court may issue a warrant authorising a person to whom it is addressed to arrest the alleged offender.

"(3) Where a person (in this subsection called the 'arresting person') arrests the alleged offender pursuant to a warrant issued under subsection (2):

(a) the arresting person shall:

       (i) ensure that the alleged offender is brought before a court having jurisdiction under this Part before the end of the relevant period; and

       (ii) take all reasonable steps to ensure that, before the person is so brought before a court, the person on whose application the warrant was issued is aware:

(a) that the alleged offender has been arrested; and

(b) of the court before which the alleged offender is to be brought; and

    (b) the alleged offender shall not be released before the end of the relevant period except pursuant to an order of a court having jurisdiction under this Part;

but nothing in this subsection authorises the keeping of the alleged offender in custody after the end of the relevant period.

"(4) Where:

(a) the alleged offender is brought before a court under