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Crimes (Sentence Administration) Act 2005
116VExamination hearing warrant—contents and execution
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116V Examination hearing warrant—contents and execution
(1) An examination hearing warrant must—
(a) name or otherwise describe the fine defaulter whose
apprehension is authorised by the warrant; and
(b) state briefly the reason for its issue; and
(c) require an enforcement officer to arrest the defaulter and bring
him or her before the registrar to be examined at an examination
hearing; and
(d) be expressed to end not later than 3 months after the day it is
issued.
(2) An enforcement officer executing the warrant—
(a) may, with necessary assistance and force, enter any premises to
arrest the fine defaulter named or otherwise described in the
(b) must use not more than the minimum amount of force necessary
to arrest the defaulter and remove him or her to the place stated
in the warrant; and
(c) may ask a police officer to help in the exercise of the
enforcement officer’s powers under the examination hearing
(d) must, before removing the defaulter, explain to him or her the
purpose of the warrant; and
(e) must bring the defaulter immediately before the registrar; and
(f) if the defaulter is under a legal disability—must tell a parent or
guardian of the defaulter about the arrest; and
(g) must tell the director-general of the defaulter’s arrest.
(3) A police officer asked by an enforcement officer to assist in executing
the warrant must give the enforcement officer the reasonable help the
enforcement officer requires, if it is practicable to give the help.
(4) An examination hearing warrant continues in force until whichever
of the following happens first:
(a) the warrant is executed;
(b) the warrant is set aside by the registrar and the enforcement
officer is told that the warrant has been set aside;
(c) the end of 3 months after the date the warrant is issued.
(5) For subsection (4) (a), a warrant is executed when—
(a) the fine defaulter has been brought before the registrar and
examined under section 116T; or
(b) the examination is adjourned to another day.