Service and Execution of Process Act 1992

If a person is taken before a magistrate under section 83, the magistrate must, before dealing with the matter, make reasonable enquiries of the person to find out:

whether he or she is a person under restraint; and

if so, the State or States under whose law he or she is a person under restraint.

If the magistrate is satisfied that the person:

is not under restraint; or

is under restraint only under the law of the State in which the warrant was issued;

If the person informs the magistrate that he or she is on bail, the magistrate must, before dealing with the matter, make reasonable enquiries of the person to ascertain the reporting requirements (if any) to which the person is subject.

The person must not:

fail to answer the magistrate’s enquiries under subsection (1) or (2); or

intentionally give a false or misleading answer to any of those enquiries.

If the person under restraint is not on bail:

the magistrate must:

adjourn the proceeding for such reasonable time, not exceeding 7 days, as the magistrate specifies; and

remand the person:

on bail on condition that the person appear when the proceeding resumes; or

in such custody as the magistrate specifies for the time of the adjournment; and

as soon as practicable after the adjournment, cause notice of the person’s apprehension to be given, by audio link or fax, to the person in charge of the correction service of the State in which the person is under restraint; and

when the proceeding resumes:

the person so informed; and

a supervisor of the person under restraint;

If the person under restraint is on bail, the magistrate may, on the application of:

any officer of the police force of any State; or

any member or special member of the Australian Federal Police; or

the person under restraint;

If the magistrate adjourns the proceeding under subsection (5):

he or she must:

remand the person under restraint:

on bail on condition that the person appear when the proceeding resumes; or

in such custody as the magistrate specifies for the time of the adjournment; and

if the person is subject to a requirement to report to an officer of a correction service of a State—as soon as practicable after the adjournment, cause notice of the person’s apprehension to be given, by audio link or fax, to the person in charge of that correction service; and

if the person is subject to a requirement to report to the police in a State other than the State in which he or she is apprehended—as soon as practicable after the adjournment, cause notice of the person’s apprehension to be given, by audio link or fax, to a police officer at the police station at which the person is required to report; and

when the proceeding resumes:

the person’s supervisor; and

any officer of the police force of any State; and

any member or special member of the Australian Federal Police;

If a person under restraint who is named in a warrant is remanded on bail under an order made under paragraph 83(8)(a), it is a condition to which the grant of bail is subject that the person must return as soon as practicable to the State in which he or she was under restraint.

Where an order is made under paragraph 83(8)(b) in relation to a person under restraint, a magistrate may make orders relating to the return of the person, in such custody or otherwise as the magistrate specifies, to the State in which he or she was under restraint.

The regulations may provide that, for the purposes of this section, the holder of a specified office in a State is taken to be the person in charge of the correction service of the State.

In this section: