Disposal of Unexecuted Warrants Act 1985

If—

a warrant mentioned in section 4 is issued by a judge of District Courts or the Supreme Court; and

the proceeding in relation to which the warrant is issued is concluded or discontinued;

However, if a warrant mentioned in section 4 issued by a judge of District Courts or the Supreme Court is not executed within 2 years after its date of issue and not cancelled under subsection (1), the warrant may be forwarded by an authorised police officer to a prescribed place for its cancellation.

A warrant forwarded pursuant to subsection (2) shall be cancelled by, or in the presence of, an officer of the department authorised in that behalf by the Minister and shall, upon cancellation, be of no further force or effect.

A warrant shall be cancelled by destroying it in whatever manner the authorised officer thinks fit.

A fresh warrant may be issued for the same purpose as that for which a warrant cancelled pursuant to this section was issued and may be issued by any judge of District Courts sitting at Brisbane or, as the case may be, by any judge of the Supreme Court sitting at Brisbane and at no other place.

A judge of District Courts or, as the case may be, a judge of the Supreme Court may issue a fresh warrant pursuant to subsection (5)—

upon application being made in that behalf to the court in the approved form by a prescribed person;

in the same circumstances and subject to the same terms and conditions as those in or under which a warrant of the kind cancelled may be issued;

although the judge would not otherwise have authority to issue at Brisbane a warrant in respect of the proceedings concerning which the cancelled warrant was issued;

A person who, not knowing that a warrant is deemed to be, or has been, cancelled pursuant to this section, acts in execution of it shall not incur any liability for doing so to any greater extent than if the warrant were not deemed to be, or had not been, cancelled.

In this section—

the director of public prosecutions or a deputy director of public prosecutions; or

the person on whose application the cancelled warrant was issued or someone else acting for the person.