(1)  A court to which an application in relation to an offender is made or adjourned under this Part may issue a warrant to arrest the offender if –

(a) the offender fails to appear at the hearing of the application; or

(b) reasonable efforts have been made to serve the application on the offender but have been unsuccessful –

and the application was not made by or on behalf of the offender.

(2)  Without limiting the generality of subsection (1)(b) , reasonable efforts are to be taken to have been made to serve the application on an offender to whom a home detention order relates if a copy of the application is, during the operational period of the order, left at the home detention premises in relation to the offender.

(3)  A court may issue a warrant to arrest an offender to whom a home detention order relates if the offender has failed to comply with a condition of the order referred to in section 42AE(1)(a) .

(3A)  If an offender to whom a home detention order made by a court of petty sessions relates is arrested by a police officer under a warrant issued under subsection (1) or (3)  –

(a) the police officer is, as soon as practicable, to bring the offender before a justice or a magistrate; and

(b) a justice or a magistrate may remand the offender in custody, or admit the offender to bail, to appear before the court, at a time specified by the justice or magistrate, so that the application under this Part or the breach of a condition of the order, in relation to which the warrant was issued, may be dealt with.

(4)  A police officer may arrest an offender to whom a home detention order relates if the police officer believes on reasonable grounds that the offender has breached, is breaching, or is about to breach, a condition of the order.

(5)  If an offender to whom a home detention order relates is arrested under subsection (4)  –

(a) as soon as practicable, the offender is –

(i) if the order was made by the Supreme Court – to be brought before the Supreme Court; or

(ii) if the order was made by a court of petty sessions – to be brought before a justice or a magistrate –

unless the offender is released by a police officer unconditionally; and

(b) a police officer may release the offender unconditionally; and

(c) despite section 42AH(2) , an oral application may be made under section 42AH(1) in relation to the offender; and

(d) a court, justice or magistrate before which the offender is brought may remand the offender in custody, or on bail, to appear before the court that made the order, at a time specified by the court, justice or magistrate, respectively, so that the application under section 42AH(1) may be dealt with.