Document ID: chunk:federal_register_of_legislation:C2004A03590:body:0:p33
Version: federal_register_of_legislation:C2004A03590
Segment Type: other
Provision Reference: 
Character Range: 79585–82282

(1) applies) may grant an injunction in relation to a child, by interlocutory order or otherwise, in any case in which it appears to the court to be just or convenient to do so.
"(3) An injunction under this section may be granted unconditionally or on such terms and conditions as the court considers appropriate.
"(4) Subsections 114 (4), (5) and (6) apply in relation to injunctions and orders made under this section as if they were injunctions and orders made under section 114.

Powers of arrest
"70d. (1) Where, on the application of a person (in this subsection and sub-sections (2) and (4) called the 'applicant'), a court having jurisdiction under this Part grants an injunction under subsection 70c (1), the applicant may:
     (a) in the course of the proceedings in which the injunction is granted or subsequently, apply to that court for an order under subsection (2); or
     (b) at any time after the injunction has been granted, apply to another court having jurisdiction under this Part for an order under subsection (2).
"(2) If the court is satisfied:
     (a) that the person against whom the injunction was granted (in this subsection and subsection (3) called the 'respondent') has caused, or threatened to cause, bodily harm to the applicant or:
          (i) in a case where the applicant is a child who has not attained 18 years of age—any of the following persons:
              (a) a person who is entitled to the custody or guardianship of, or to access to, the applicant;
              (b) any other child who is living with the person first-mentioned in sub-subparagraph (a), of whom that

              person is entitled to custody or guardianship or to whom that person is entitled to access; or
          (ii) in any other case—any child who is living with the applicant, of whom the applicant is entitled to custody or guardianship, or to whom the applicant is entitled to access; and
     (b) that the respondent is likely to cause bodily harm to the applicant or a person referred to in subparagraph (a) (i) or (ii);
     (c) that:
          (i) notice of the intention of the applicant to apply for an order under this sub-section has been served on the respondent; or
          (ii) in a case where the respondent has caused bodily harm to the applicant or a person referred to in subparagraph (a) (i) or (ii)—it is appropriate, in the circumstances of the case, to make an order under this subsection even though such notice has not been served on the respondent;
the court may, by order, authorise the arrest of the respondent under this section.
"(3) Where the court authorises the arrest of the respondent under this section, a police officer may arrest