Australian Capital Territory Current Acts

CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 116S

    (1)     An examination warrant must—

        (a)     name or otherwise describe the fine defaulter whose apprehension is authorised by the warrant; and

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

        (c)     require an enforcement officer to arrest the defaulter and bring him or her before the registrar to be examined at an examination hearing; and

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

    (2)     An enforcement officer executing the warrant—

        (a)     may, with necessary assistance and force, enter any premises to arrest the fine defaulter named or otherwise described in the warrant; and

        (b)     must use not more than the minimum amount of force necessary to arrest the defaulter and remove him or her to the place stated in the warrant; and

        (c)     may ask a police officer to help in the exercise of the enforcement officer's powers under the warrant; and

        (d)     must, before removing the defaulter, explain to him or her the purpose of the warrant; and

        (e)     must bring the defaulter immediately before the registrar; and

        (f)     if the defaulter is under a legal disability—must tell a parent or guardian of the defaulter about the arrest; and

        (g)     must tell the director-general of the defaulter's arrest.

    (3)     A police officer asked by an enforcement officer to help execute the warrant must give the enforcement officer the reasonable help the enforcement officer requires, if it is practicable to give the help.

    (4)     The enforcement officer must immediately release a fine defaulter arrested under an examination warrant if the officer believes on reasonable grounds that the defaulter—

        (a)     has, before or after being arrested, complied with the requirements of the examination notice that gave rise to the examination warrant; or

Example

A defaulter may comply with an examination notice requirement after being arrested if someone else helps the defaulter to comply with the requirement while the defaulter is under arrest.

        (b)     cannot be brought immediately before the registrar.

    (5)     An examination warrant continues in force until whichever of the following happens first:

        (a)     the warrant is executed;

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

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

    (6)     For subsection (5) (a), a warrant is executed when—

        (a)     the fine defaulter has been brought before the registrar and examined under section 116T; or

        (b)     the examination is adjourned to another day.