Document ID: chunk:federal_register_of_legislation:F2008C00493:body:0:p25
Version: federal_register_of_legislation:F2008C00493
Segment Type: other
Provision Reference: 
Character Range: 56773–59283

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 withdrawal 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 believes has been, may have been or is likely to have been committed; and
 (b) the investigating officer tells the person of the reason for the request; and
 (c) the investigating officer produces:
 (i) in the case of a leader — his or her identity card; and
 (ii) in any other case — written evidence of the capacity in which