QLDIn ForceAct
Child Protection Act 1999
sec.172Issue of warrant
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### sec.172 Issue of warrant
A magistrate may issue a warrant for apprehension of the child if the magistrate is satisfied—
the warrant is necessary to enable an authorised officer or police officer to take the child into the chief executive’s custody; or
the child has been unlawfully removed from a person’s custody or guardianship under this Act; or
the child has been lawfully removed from a person’s custody or guardianship under this Act but kept beyond the period allowed for the removal.
The warrant authorises an authorised officer or police officer—
to enter any 1 or more places the officer reasonably believes the child is; and
to search the places to find the child; and
to remain in the places for as long as the officer considers is reasonably necessary to find the child; and
to take the child to a safe place.
The warrant must state the day, within 14 days after the warrant’s issue, when it ends.
An authorised officer or police officer may exercise powers under the warrant with the help, and using the force, that is reasonable in the circumstances.
s 172 amd 2004 No. 36 s 25
(sec.172-ssec.1) A magistrate may issue a warrant for apprehension of the child if the magistrate is satisfied— the warrant is necessary to enable an authorised officer or police officer to take the child into the chief executive’s custody; or the child has been unlawfully removed from a person’s custody or guardianship under this Act; or the child has been lawfully removed from a person’s custody or guardianship under this Act but kept beyond the period allowed for the removal.
(sec.172-ssec.2) The warrant authorises an authorised officer or police officer— to enter any 1 or more places the officer reasonably believes the child is; and to search the places to find the child; and to remain in the places for as long as the officer considers is reasonably necessary to find the child; and to take the child to a safe place.
(sec.172-ssec.3) The warrant must state the day, within 14 days after the warrant’s issue, when it ends.
(sec.172-ssec.4) An authorised officer or police officer may exercise powers under the warrant with the help, and using the force, that is reasonable in the circumstances.
- (a) the warrant is necessary to enable an authorised officer or police officer to take the child into the chief executive’s custody; or
- (b) the child has been unlawfully removed from a person’s custody or guardianship under this Act; or
- (c) the child has been lawfully removed from a person’s custody or guardianship under this Act but kept beyond the period allowed for the removal.
- (a) to enter any 1 or more places the officer reasonably believes the child is; and
- (b) to search the places to find the child; and
- (c) to remain in the places for as long as the officer considers is reasonably necessary to find the child; and
- (d) to take the child to a safe place.