Commonwealth Consolidated Acts

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Person in contempt may be detained

             (1)  If an examiner proposes to make an application under subsection 34B(1) in respect of a person, he or she may, during the hearing concerned, direct a constable to detain the person for the purpose of bringing the person before the Court to which the application was made for the hearing of the application.

             (2)  If the person is detained under subsection (1):

                     (a)  the examiner must apply to the Court as soon as practicable under subsection 34B(1) in respect of the person; and

                     (b)  the person must, subject to subsection (3) of this section, be brought before the Court as soon as practicable.

             (3)  The Court may:

                     (a)  direct that the person be released from detention on condition that he or she will appear before the Court in relation to the application; or

                     (b)  order that the person continue to be detained until the application is determined.

             (4)  The Court may also impose any other condition on the release, for example:

                     (a)  that the person surrenders the following documents:

                              (i)  any Australian travel document that has been issued to him or her;

                             (ii)  any passport or other travel document that has been issued to him or her by or on behalf of the government of a foreign country; or

                     (b)  that the person gives an undertaking as to his or her living arrangements; or

                     (c)  that the person reports as required to a law enforcement agency.

             (5)  The Court may at any time vary or revoke a condition imposed under subsection (4).

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