QLDIn ForceAct
Child Protection Act 1999
sec.171Application for warrant for apprehension of child
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### sec.171 Application for warrant for apprehension of child
An authorised officer or police officer may apply to a magistrate for a warrant for apprehension of a child if—
under an order, the chief executive has been granted custody or guardianship of the child but has not been able to take the child into custody; or
the child has been unlawfully removed from a person’s custody or guardianship under this Act.
The officer must prepare a written application that states the grounds on which it is made.
The written application must be sworn.
The magistrate may refuse to consider the application until the applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.
The magistrate may require additional information supporting the application be given by statutory declaration.
s 171 amd 2010 No. 33 s 77
(sec.171-ssec.1) An authorised officer or police officer may apply to a magistrate for a warrant for apprehension of a child if— under an order, the chief executive has been granted custody or guardianship of the child but has not been able to take the child into custody; or the child has been unlawfully removed from a person’s custody or guardianship under this Act.
(sec.171-ssec.2) The officer must prepare a written application that states the grounds on which it is made.
(sec.171-ssec.3) The written application must be sworn.
(sec.171-ssec.4) The magistrate may refuse to consider the application until the applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application be given by statutory declaration.
- (a) under an order, the chief executive has been granted custody or guardianship of the child but has not been able to take the child into custody; or
- (b) the child has been unlawfully removed from a person’s custody or guardianship under this Act.