Document ID: chunk:federal_register_of_legislation:F2008C00493:body:0:p24
Version: federal_register_of_legislation:F2008C00493
Segment Type: other
Provision Reference: 
Character Range: 54426–57005

Territory; and
 (b) between the Territory and a place in a State or another Territory.

Part 9 Miscellaneous

Division 1 General

46 Interpretation

  In this Division, unless the contrary intention appears:
warrant means search warrant, warrant for apprehension, warrant of detention or warrant to arrest.

47 Warrants for apprehension

 (1) If a person to whom a summons has been issued or bail has been granted does not attend a court as required by the summons or certificate of bail, the court or a Magistrate may issue a warrant for the apprehension of the person if the court or Magistrate is satisfied that the person received the summons or certificate.

 (2) A warrant for apprehension:
 (a) applies in a State or another Territory where it is given effect; and
 (b) authorises the apprehension of the person named or otherwise described in that warrant; and
 (c) unless sooner revoked, authorises the holding of the person in custody until:
 (i) the charge against the person is dismissed; or
 (ii) the person is convicted of an offence; and
 (d) authorises the bringing of the person before a court as soon as practicable after his or her arrest; and
 (e) may specify conditions or restrictions to which the custody of the person is subject; and
 (f) must be filed in the court.

 (3) A person named or otherwise described in a warrant for apprehension is subject to the same laws:
 (a) in the case of a person giving effect to the warrant — as if the person were exercising a function or performing a duty; and
 (b) in the case of a person who is, or has been, apprehended under the warrant — as if the person were being dealt with;
under a law of the State or Territory concerned that has a similar effect to this Ordinance and the warrant.

48 Effect of warrants, summons and certificates of bail

 (1) Subject to subsections (2), (3) and (4), a warrant, summons or certificate of bail has effect according to its terms.

 (2) A warrant or summons takes effect when the person to whom the Magistrate 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 takes 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