Commonwealth Numbered Acts

FAMILY LAW AMENDMENT ACT 1976 No. 63 of 1976 - SECT 22

22. Section 64 of the Principal Act is amended-

(a) by omitting from sub-section (3) the words ''the court'' and
substituting the words ''a court'';

(b) by omitting from sub-section (6) the words ''the court'' (first
occurring) and substituting the words ''a court'';

(c) by omitting from sub-section (7) the words ''The court'' and
substituting the words ''A court'';

   (d)  by omitting sub-sections (9) and (10) and substituting the following
        sub-sections:-

''(9) Where an order made by a court (including a court of a prescribed
overseas country) with respect to the custody of a child is in force, a court
having jurisdiction under this Act may issue a warrant authorizing or
directing the person, or any of the persons, to whom it is addressed, for the
purpose of giving effect to the order-

   (a)  at any time, with such assistance as he requires or they require, and
        if necessary by force-

        (i)    to stop and search any vehicle, vessel or aircraft, and to
               enter and search any premises or place, named or described in
               the warrant; and

        (ii)   to take possession of the child; and

   (b)  to deliver the child to the person entitled to custody or to some
        other person or authority (including a person or authority in or from
        a prescribed overseas country) named in the order on behalf of the
        person entitled to custody.

'' (10) Where an order made by a court (including a court of a prescribed
overseas country) entitling a person to access to a child is in force, a court
having jurisdiction under this Act may issue a warrant authorizing or
directing the person, or any of the persons, to whom it is addressed, for the
purpose of giving effect to the order-

   (a)  at any time, with such assistance as he requires or they require, and
        if necessary by force-

        (i)    to stop and search any vehicle, vessel or aircraft, and to
               enter and search any premises or place, named or described in
               the warrant; and

        (ii)   to take possession of the child; and

   (b)  to deliver the child to the person so entitled to access.

'' (10A) A warrant under sub-section (9) or (10) may be addressed to-

   (a)  a named person or named persons; or

   (b)  every person from time to time holding or acting in a specified office
        or offices of the Commonwealth or of a State or Territory.

'' (10B) Without limiting the generality of sub-section (10A), a warrant under
sub-section (9) or (10) may be addressed to-

   (a)  a named person being a person who holds an appointment as an
        enforcement officer under sub-section (12); or

   (b)  every person from time to time holding or acting in an office of
        enforcement officer.''; and

   (e)  by omitting sub-section (12) and substituting the following
        sub-sections:-

'' (12) The Attorney-General may appoint persons to be enforcement officers
for the purposes of this Part.

'' (13) An appointment under sub-section (12) may be an appointment of-

   (a)  a named person only; or

   (b)  every person from time to time holding or acting in a specified office
        of the Commonwealth or of a State or Territory.''.