Text as at 15 April 2026

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59 Duplicate warrants

(1)If the execution copy of a warrant issued by a registrar, judicial registrar, magistrate or bail justice is lost or destroyed before it is executed, a registrar, judicial registrar or magistrate may issue a duplicate execution copy if satisfied by evidence on oath or affirmation or by affidavit of the loss or destruction of the execution copy of the warrant.

S. 59(1) amended by Nos 6/2018 s. 68(Sch. 2 item 81.1), 33/2018 s. 52(a).

(2)A duplicate execution copy must bear on its face the word "Duplicate" and may be executed in all respects as if it were the execution copy of the warrant.

(3)When a duplicate execution copy of a warrant is issued, the execution copy of the warrant becomes null and void and must, if located, be returned to the principal registrar.

(4)If a person is in a prison, a police gaol or a youth justice centre in accordance with a warrant which has been executed, or having been released on parole from a prison, a police gaol or a youth justice centre is still under sentence, and the execution copy of the warrant is lost or destroyed, a registrar, judicial registrar or magistrate may issue a duplicate execution copy if satisfied by evidence on oath or affirmation or by affidavit of the loss or destruction of the execution copy.

S. 59(4) amended by Nos 48/2006 s. 42(Sch. item 22.4), 56/2013 s. 30(1), 6/2018 s. 68(Sch. 2 item 81.1), 33/2018 s. 52(b).

(5)A duplicate execution copy issued under subsection (4) is sufficient authority for the person in whose legal custody the person is, or into whose legal custody the person is delivered, to keep the person in the prison, police gaol or youth justice centre until the end of the term specified in the warrant.

S. 59(5) amended by Nos 45/2001 s. 43(a)(i)(ii), 48/2006 s. 42(Sch. item 22.4), 56/2013 s. 30(2).