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Act index » Part III - Procedure and punishment » Division 1 - Pleading procedure, proof &c. » Subdivision (30A) - Custody and investigation
464X Warrants
(1)If an application is made to36— and the person in respect of whom the application is made is not a detained or protected person, the court may issue a warrant authorising the person to whom it is directed, if necessary—
(a)the Magistrates' Court under section 464T(1) or 464V(2); or
(b)the Children's Court under section 464U(3) or 464V(2)—
(c)to break, enter and search by day or by night any place where the person named in the warrant is suspected to be; and
(d)to arrest the person; and
(e)to bring the person before the court for the hearing of the application, including any further hearing of the application that is required by section 464V(6); and
S. 464X(1)(e) substituted by No. 55/2025 s. 17(1).
(f)other than where the person is brought before the court for a further hearing required by section 464V(6), to detain the person, if the application is granted, for so long as reasonably permits the conduct of the compulsory procedure.
S. 464X(1)(f) substituted by No. 55/2025 s. 17(1).
(2)If a court issues a warrant under subsection (1) it must—
(a)give reasons for its decision; and
(b)cause a note of the reasons to be entered in the records of the court.
(3)A failure of a court to comply with subsection (2) does not invalidate any order made by it but constitutes non-compliance for the purposes of section 464ZE(1)(a).
(4)If a person is apprehended under a warrant issued under subsection (1) in respect of a hearing other than a further hearing required by section 464V(6), the warrant ceases to have effect immediately after the procedure is completed or on the expiration of a reasonable time (whichever is the earlier).
(5)If a person is apprehended under a warrant issued under subsection (1) in respect of a further hearing required by section 464V(6), the warrant ceases to have effect immediately after the expiry of a reasonable time