Federal Courts Legislation Amendment Act 2015

Application

This section applies to any of the following persons (the arrester) who is authorised by this Act, or a warrant issued under this Act or the Rules of Court, to arrest another person (the arrestee):

the Sheriff of the Court;

a Deputy Sheriff of the Court;

the Sheriff of a court of a State or Territory;

a Deputy Sheriff of a court of a State or Territory;

a police officer.

Power to enter premises

If the arrester reasonably believes the arrestee is on premises, the arrester may enter the premises, using such force as is necessary and reasonable in the circumstances, at any time of the day or night for the purpose of searching the premises for the arrestee or arresting the arrestee.

However, the arrester must not enter a dwelling house between 9 pm one day and 6 am the next day unless he or she reasonably believes that it would not be practicable to arrest the arrestee there or elsewhere at another time.

Use of force

In the course of arresting the arrestee, the arrester:

must not use more force, or subject the arrestee to greater indignity, than is necessary and reasonable to make the arrest or to prevent the arrestee’s escape after the arrest; and

must not do anything that is likely to cause the death of, or grievous bodily harm to, the arrestee unless the arrester reasonably believes that doing that thing is necessary to protect life or prevent serious injury to another person (including the arrester); and

if the arrestee is attempting to escape arrest by fleeing—must not do a thing described in paragraph (b) unless:

the arrester reasonably believes that doing that thing is necessary to protect life or prevent serious injury to another person (including the arrester); and

the arrestee has, if practicable, been called on to surrender and the arrester reasonably believes that the arrestee cannot be arrested in any other way.

Informing the arrestee of grounds for arrest

When arresting the arrestee, the arrester must inform the arrestee of the grounds for the arrest.

It is sufficient if the arrestee is informed of the substance of those grounds, not necessarily in precise or technical language.

Subsection (5) does not apply if:

the arrestee should, in the circumstances, know the substance of the grounds for the arrest; or

the arrestee’s actions make it impracticable for the arrester to inform the arrestee of those grounds.

11 Application of section 55A

Section 55A of the Federal Court of Australia Act 1976 applies in relation to arrests:

authorised by that Act after the commencement of that section; or

authorised by warrants issued under that Act after that commencement.

Schedule 2—Federal Circuit Court of Australia

Part 1—Commonwealth tenancy disputes

Federal Circuit Court of Australia Act 1999

1 Section 5

Insert:

Commonwealth officer or employee means a person who:

is appointed or engaged under the Public Service Act 1999; or

is appointed under another law of the Commonwealth; or

holds an office established by a law of the Commonwealth; or

is employed by a public authority of the Commonwealth; or

is a member of the Defence Force; or

is the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979).

Commonwealth tenancy dispute means a matter:

involving a lease, licence or other arrangement to possess, occupy or use land and a dispute about:

the recovery of rent or other payments payable under or in relation to the lease, licence or other arrangement; or

the termination of the lease, licence or other arrangement; or

the possession, occupation or use of the land; and

in which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is a party.

public authority of the Commonwealth means:

a body incorporated, whether before or after the commencement of this definition, for a public purpose by a law of the Commonwealth, being a body corporate employing staff on its own behalf; or

an authority or body, not being a body corporate, established, whether before or after the commencement of this definition, for a public purpose by, or in accordance with the provisions of, a law of the Commonwealth, being an authority or body employing staff on its own behalf; or

an incorporated company over which the Commonwealth, or a body or authority mentioned in paragraph (a) or (b), is in a position to exercise control.

2 Section 10 (heading)

Repeal the heading, substitute: