Commonwealth Consolidated Acts

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DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 90

Arrest under warrant

  (1)   Subject to this section, where an authorized officer:

  (a)   is satisfied by information on oath or affirmation that there are reasonable grounds for suspecting that a person has committed a service offence; and

  (b)   believes on reasonable grounds that proceedings under section   87 would not be effective;

the authorized officer may issue a warrant for the arrest of the person.

  (2)   An authorized officer shall not issue a warrant under subsection   (1) for the arrest of a person for a service offence unless:

  (a)   an affidavit of the informant has been furnished to the authorized officer setting out the reasons for which the issue of the warrant is sought (including the reasons why it is believed that the person has committed the service offence and the reasons why it is claimed that proceedings under section   87 would not be effective);

  (b)   the informant or some other person has furnished to the authorized officer, on oath or affirmation, such further information (if any) as the authorized officer requires concerning the reasons for which the issue of the warrant is sought; and

  (c)   the authorized officer is satisfied, after considering the affidavit and any such further information, that there are reasonable grounds for the issue of the warrant.

  (3)   Where an authorized officer issues a warrant under subsection   (1), the officer shall indicate, by writing under the officer's hand, on the affidavit referred to in subsection   (2), which of the reasons specified in that affidavit, and any other reasons, the officer has relied on as justifying the issue of the warrant.

  (4)   A warrant issued under subsection   (1) shall specify the name of the person concerned and the service offence that the person is alleged to have committed.

  (5)   A constable or a member of the Defence Force may, in execution of a warrant issued in accordance with subsection   (1), arrest the person named in the warrant.

  (6)   A warrant issued under subsection   (1) shall specify a date after which the warrant ceases to have effect.



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