Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p48
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 48/86)
Character Range: 173329–175999

some other person on behalf of a person described in subparagraph (i), (ii) or (iii);

    (e) giving directions about the day-to-day care of a child until the child is returned or delivered to another person;

(f) prohibiting a person from again removing or taking possession of a child;

    (g) authorising the arrest, without warrant, of a person who again removes or takes possession of a child.

    Note: Subdivision D of Division 6 deals with what is to happen to a person arrested without warrant under a recovery order.

How recovery orders authorise or direct people

"67R.(1) An authorisation or direction described in paragraph 67Q(b), (c) or (d) may be addressed to:

(a) a named person; or

    (b) every person from time to time holding or acting in a specified office of the Commonwealth or of a State or Territory.

"(2) Without limiting the generality of subsection (1), an authorisation or direction described in paragraph 67Q(b), (c) or (d) may be addressed to:

(a) a named person who holds an appointment as a child recovery officer under subsection (3); or

(b) every person from time to time holding or acting in an office of child recovery officer.

"(3) The Attorney-General may appoint persons to be child recovery officers for the purposes of this Subdivision.

"(4) An appointment under subsection (3) may be of:

(a) a named person only; or

    (b) every person from time to time holding or acting in a specified office of the Commonwealth or of a State or Territory.

How recovery orders to stop and search etc. name or describe vehicles, places etc.

"67S. An authorisation or direction described in paragraph 67Q(b) may be expressed to apply to:

    (a) a vehicle, vessel, aircraft, premises or place named or described either specifically or in general terms; or

    (b) any vehicle, vessel, aircraft, premises or place in which there is, at any time, reasonable cause to believe that the child concerned may be found.

Who may apply for a recovery order

"67T. A recovery order in relation to a child may be applied for by:

(a) a person who has a residence order in relation to the child; or

(b) a person who has a contact order in relation to the child; or

   (c) a person who has a specific issues order in relation to the child under which the person is responsible for the child's long-term or day-to-day care, welfare and development; or

(d) any other person concerned with the care, welfare or development of the child.

Court's power to make recovery order

"67U. In proceedings for a recovery order, the court may, subject to section 67V, make such recovery order as it thinks proper.

Child's best interests paramount