Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p26
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 26/86)
Character Range: 119784–122523

for the child's long-term or day-to-day care, welfare and development.

"(2) A person must not hinder the carer in, or prevent the carer from, discharging that responsibility.

Court may issue warrant for arrest of alleged offender

    "65Q.(1) This section applies if:

(a) a residence order or a contact order is in force in relation to a child; and

   (b) a court having jurisdiction under this Part is satisfied, on application by a person in whose favour the order was made, that there are reasonable grounds for believing that a person (the 'alleged offender') has contravened section 65M or 65N in relation to the order; and

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

   (d) 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 alleged contravention.

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

"(3) A warrant stops being in force:

   (a) if a date not later than 6 months after the issue of the warrant is specified in the warrant as the date when it stops being in force— on that date; or

(b) otherwise—6 months after the issue of the warrant.

  "Subdivision D—Dealing with people who have been arrested

Situation to which Subdivision applies

"65R.(1) This Subdivision applies if a person:

(a) is arrested under a warrant issued under subsection 65Q(2); or

(b) is arrested without warrant under a recovery order.

"(2) In this Subdivision:

'alleged contravention' means the alleged contravention because of which the alleged offender is arrested;

'alleged offender' means the person who is arrested;

'arresting person' means the person who arrests the alleged offender.

Arrested person to be brought before a court

"65S.(1) The arresting person must:

   (a) ensure that the alleged offender is brought before a court having jurisdiction under this Part before the end of the holding period applicable under subsection (4); and

   (b) take all reasonable steps to ensure that, before the alleged offender is brought before a court, the person who applied for the warrant or recovery order is aware:

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

       (ii) of the court before which the alleged offender is to be brought.

"(2) The alleged offender must not be released before the end of the holding period except under an order of a court having jurisdiction under this Part.

"(3) This section does not authorise the holding in custody of the alleged offender after the end of the holding period.

"(4)