Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 114AA

Powers of arrest

             (1)  Where:

                     (a)  an injunction is in force under section 114 for the personal protection of a person; and

                     (b)  a police officer believes, on reasonable grounds, that the person against whom the injunction is directed (in this section called the respondent ) has, since the injunction was granted, breached the injunction by:

                              (i)  causing, or threatening to cause, bodily harm to the person referred to in paragraph (a); or

                             (ii)  harassing, molesting or stalking that person;

the police officer may arrest the respondent without warrant.

Note:          Section 122AA authorises the use of reasonable force in making an arrest.

             (3)  Where a police officer arrests a person pursuant to subsection (1):

                     (a)  the police officer shall:

                              (i)  ensure that the person is brought before the court that granted the injunction, or another court having jurisdiction under this Act, before the expiration of the relevant period; and

                             (ii)  take all reasonable steps to ensure that, before the person is so brought before a court, the person on whose application the injunction under section 114 was granted is aware that the first-mentioned person has been arrested and of the court before which the person is to be brought; and

                     (b)  the person shall not be released before the expiration of the relevant period except pursuant to an order of the court that granted the injunction or another court having jurisdiction under this Act;

but nothing in this subsection authorizes the keeping of the person in custody after the expiration of the relevant period.

             (4)  Where a person is brought before a court in accordance with subsection (3), the court shall:

                     (a)  if there is an application before the court for the person to be dealt with for breach of the injunction--forthwith proceed to hear and determine that application; or

                     (b)  if there is no application before the court as mentioned in paragraph (a)--order that the person be released forthwith.

             (5)  Where:

                     (a)  a person is brought before a court in accordance with subsection (3);

                     (b)  the court proceeds to hear and determine an application for the person to be dealt with for breach of an injunction as mentioned in paragraph (4)(a); and

                     (c)  at the expiration of the relevant period the proceedings have not been determined;

the person may be kept in custody after the expiration of the relevant period until:

                     (d)  the court gives its decision on the proceedings;

                     (e)  the court orders that the person be released; or

                      (f)  the court adjourns the hearing for a period of more than 24 hours;

whichever happens first.

             (7)  In this section:

"relevant period " , in relation to a person's arrest, means the period starting when the person is arrested and ending at the close of business on the next day that is not a Saturday, Sunday or public holiday.



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