Document ID: chunk:federal_register_of_legislation:F2008C00189:body:0:p25
Version: federal_register_of_legislation:F2008C00189
Segment Type: other
Provision Reference: 
Character Range: 56869–59374

is required to grant or issue the warrant or summons, as the case may be, receives the warrant or summons or a copy of the warrant or summons.

 (3) A certificate of bail has effect when the person who has custody of the applicant for bail receives the certificate or a copy of the certificate.

 (4) A special constable or leader, in addition to the special constable or leader to whom a warrant is granted or issued, may give effect to the warrant.

49 Discontinuance or variation of charge, summons or warrant

 (1) As soon as practicable after a court or Magistrate is satisfied that the facts or other grounds on which:
 (a) a warrant or summons was granted or issued, as the case may be; or
 (b) a charge was made;
did not, or have ceased to, exist the court or Magistrate must, in writing:
 (c) revoke the warrant or summons; or
 (d) dismiss the charge.

 (2) As soon as practicable, the court or Magistrate must:
 (a) take reasonable steps to advise:
 (i) the person to whom the warrant is granted or issued of the revocation of the warrant; or
 (ii) the person to whom the summons is issued of the revocation of the summons; or
 (iii) the person who made the charge of the dismissal of the charge; and
 (b) take any other steps necessary to ensure that action authorised or required by the warrant, summons or charge is discontinued; and
 (c) give the instrument, or a copy of the instrument, by which:
 (i) the warrant  or summons is revoked; or
 (ii) the charge is dismissed;
  to the relevant person mentioned in paragraph (a); and
 (d) file the instrument, or a copy of the instrument, in the court.

 (3) The court or Magistrate may act under subsection (1):
 (a) on its or his or her own initiative; and
 (b) on the application of a person:
 (i) in respect of whom the warrant is granted or issued; or
 (ii) to whom the summons is issued; or
 (iii) against whom the charge is made.

 (4) A person:
 (a) to whom a summons is issued; or
 (b) in custody under a warrant for apprehension or a warrant of detention; or
 (c) against whom the charge is made;
may apply to a court or Magistrate to have the summons, warrant or charge varied.

 (5) Subsection (4) does not prevent the making of further applications.

Division 2 Other offences

50 Requirement to give name and address

 (1) If:
 (a) an investigating officer reasonably believes that a person whose name or address is not known to the officer may be able to assist the officer in relation to an offence that the officer reasonably