Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 2111

Enforcement hearing—enforcement hearing warrant contents etc

    (1)     An enforcement hearing warrant must—

        (a)     name, or otherwise describe, the person whose apprehension is required by the warrant; and

        (b)     state briefly the reason for its issue; and

        (c)     require an enforcement officer to arrest the person whose apprehension is required and bring the person before the court to be examined at an enforcement hearing under rule 2109; and

        (d)     be expressed to end not later than 3 months after the day it is issued.

    (2)     For subrule (1) (c), the enforcement officer may enter and search any premises where the enforcement officer suspects, on reasonable grounds, the person to be using the force and assistance that is reasonable and necessary.

    (3)     The enforcement officer may ask a police officer to help in the exercise of the enforcement officer's powers under the enforcement hearing warrant.

    (4)     The police officer must give the enforcement officer the reasonable help the enforcement officer requires, if it is practicable to give the help.

    (5)     The enforcement officer or a police officer may deliver the apprehended person to the person in charge of any correctional centre and that person must receive and keep the apprehended person in custody until the court or the enforcement officer otherwise directs.

    (6)     An enforcement hearing warrant continues in force until—

        (a)     the warrant is executed; or

        (b)     the warrant is set aside by the court and the enforcement officer is told that the warrant has been set aside; or

        (c)     the end of 3 months after the day it is issued.

    (7)     For subrule (6) (a), a warrant is executed when—

        (a)     the person whose apprehension is required has been examined at an enforcement hearing under rule 2109; or

        (b)     the examination is adjourned to another day; or

        (c)     the order for the enforcement hearing is set aside.



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