Extension of periods
19 Extension of periods
If a police officer considers it is necessary for a direction or the detention of a directed person under this Division to exceed 6 hours, the officer may apply to the court for an order extending the maximum period of the direction and, if applicable, detention.
An application for an extension order must—
be made within 6 hours after the direction was given to the directed person; and
include any prescribed particulars.
If the court is satisfied that there are exceptional circumstances, the court may make an order extending the maximum period of the direction and, if applicable, detention for a further period specified in the order.
The further period specified under subsection (3) must be a period expiring on or before the expiry of 10 hours after the direction was given to the directed person.
If an order is made under this section, a police officer must serve a copy of the order on the directed person.
This section does not apply if the direction is in relation to an application for a family violence safety notice.
This provision refers to the regulations (prescribed particulars
). Made under this Act:
- Family Violence Protection (Information Sharing and Risk Management) Regulations 2018 · under sections 210A, 210B and 211
- Family Violence Protection Regulations 2018 · under section 211
- Magistrates' Court (Family Violence Protection) Rules 2018 · under section 209
1 more instrument made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
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