Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 68C

Powers of arrest

             (1)  If:

                     (a)  an injunction is in force under section 68B for the personal protection of a person (the protected person ); and

                     (b)  a police officer believes, on reasonable grounds, that the person (the respondent ) against whom the injunction is directed has breached the injunction by:

                              (i)  causing, or threatening to cause, bodily harm to the protected person; 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.

             (2)  For the purposes of subsection (1), an injunction granted under section 68B is an injunction for the personal protection of a person if, and only if, it is expressed to be for the personal protection of the person.

             (3)  Subsections 114AA(3), (4), (5) and (7) apply in relation to a person arrested under this section as if:

                     (a)  the person had been arrested under subsection 114AA(1) because he or she was believed to have breached an injunction granted under section 114; and

                     (b)  the person on whose application the injunction was granted under section 68B were the person on whose application the injunction under section 114 had been granted.



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