New South Wales Consolidated Acts

LOCAL COURT ACT 2007 - SECT 65

65 Arrest of respondent during proceedings

(cf LCA 1982, section 58)

(1) A Magistrate may, at any time when or after a matter is first before the Court and before it is finally disposed of by the Court, issue a warrant to arrest a respondent if the respondent fails to appear personally or to appear by an Australian legal practitioner or other representative and the Magistrate is satisfied that the respondent had notice of the date, time and place of the proceedings.

(1A) A Magistrate, registrar or authorised officer before whom the respondent is brought after having been arrested under the warrant may make a bail decision in respect of the respondent under the Bail Act 2013 .

(1B) The Bail Act 2013 applies to the respondent as if:

(a) the respondent were accused of an offence, and

(b) the proceedings at which the respondent is required to appear were proceedings for that offence.

(1C) Bail may be granted for the period between:

(a) the respondent's being brought before the Magistrate, registrar or authorised officer, and

(b) the respondent's appearance before the Court in the proceedings at which he or she is required to appear.

(2) A Magistrate, registrar or authorised officer before whom a respondent is brought on arrest on a warrant issued under this section may, if bail is not dispensed with or granted, issue a warrant:

(a) committing the respondent to a correctional centre or other place of security, and

(b) ordering the respondent to be brought before the Court at the date, time and place specified in the order.

(3) The Magistrate, registrar or authorised officer must give notice of the date, time and place set to the applicant.

(4) For the purpose of applying the Bail Act 2013 , an authorised officer has the same functions as an authorised justice under that Act.