Queensland Consolidated Acts

PUBLIC HEALTH ACT 2005 - SECT 136

136 Application for warrant for apprehension

(1) This section applies if a person who is subject to an initial examination order or a detention order—

(a) absconds while being taken to the place where the person is to be detained under the order; or

(b) absconds from the place where the person is being detained under the order; or

(c) absconds from another place before being taken to the place where the person is to be detained under the order.

(2) An authorised person may apply to a magistrate for a warrant for apprehension of the person.

(3) The authorised person must prepare a written application that states the grounds on which the warrant is sought.

(4) The written application must be sworn.

(5) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example—

The magistrate may require additional information supporting the application be given by statutory declaration.