Commonwealth Consolidated Acts

SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 83

  (1)   As soon as practicable after being apprehended, the person is to be taken before a magistrate of the State in which the person was apprehended.

  (2)   The warrant or a copy of the warrant must be produced to the magistrate if it is available.

  (3)   If the warrant or a copy of the warrant is not produced, the magistrate may:

  (a)   order that the person be released; or

  (b)   adjourn the proceeding for such reasonable time as the magistrate specifies and remand the person on bail or in such custody as the magistrate specifies.

  (4)   If the warrant or a copy of the warrant is not produced when the proceeding resumes, the magistrate may:

  (a)   order that the person be released; or

  (b)   if reasonable cause is shown, adjourn the proceeding for such further reasonable time as the magistrate specifies and remand the person on bail or in such custody as the magistrate specifies.

  (5)   The total time of the adjournments referred to in paragraphs   ( 3)(b) and (4)(b) must not exceed 5 days.

  (6)   The magistrate may resume the proceeding at any time before the end of a period of adjournment if the warrant or a copy of the warrant becomes available.

  (7)   If the warrant or a copy of the warrant is not produced when the proceeding resumes after the further adjournment, the magistrate must order that the person be released.

  (8)   Subject to subsections   ( 10) and (14) and section   84, if the warrant or a copy of the warrant is produced, the magistrate must order:

  (a)   that the person be remanded on bail on condition that the person appear at such time and place in the place of issue of the warrant as the magistrate specifies; or

  (b)   that the person be taken, in such custody or otherwise as the magistrate specifies, to a specified place in the place of issue of the warrant.

  (9)   The order may be subject to other specified conditions.

  (10)   The magistrate must order that the person be released if the magistrate is satisfied that the warrant is invalid.

  (11)   The magistrate may suspend an order made under paragraph   ( 8)(b) for a specified period.

  (12)   On suspending the order, the magistrate must order that the person be remanded:

  (a)   on bail; or

  (b)   in such custody as the magistrate specifies;

until the end of that period.

  (13)   An order of a magistrate under this section may be executed according to its tenor.

  (14)   For the purposes of a proceeding under this section:

  (a)   the magistrate may adjourn the proceeding and remand the person on bail, or in such custody as the magistrate specifies, for the adjournment; and

  (b)   the magistrate is not bound by the rules of evidence; and

  (c)   it is not necessary that a magistrate before whom the proceeding was previously conducted continue to conduct the proceeding.

  (15)   Nothing in this section affects the operation of Part   IC of the Crimes Act 1914 .