18Duration of holding powers

18 Duration of holding powers

(1) The maximum period for which a direction under this Division remains in force or a directed person may be detained under this Division is—

(a) 6 hours after the direction is given; or

(b) if an extension is granted under section 19—that period as extended.

S. 18(2) amended by No. 53/2016 ss 43(1)(a), 85(1).

(2) Despite subsection (1), in the case of a direction given for the reason in section 13(1)(a) or section 13A(1)(a), the direction ends and, if a directed person is detained under this Division, authorisation for the detention ends—

S. 18(2)(a) amended by No. 53/2016 s. 43(1)(b).

(a) if a family violence intervention order is made or a recognised DVO is varied or a family violence safety notice is issued in respect of the directed person—at the time the order or notice is served on the directed person; or

(b) if a warrant is issued under section 50 to arrest the directed person—at the time the directed person is arrested under the warrant; or

S. 18(2)(c) amended by No. 53/2016 s. 43(1)(c).

(c) if a police officer decides not to make an application, or withdraws an application, for a family violence intervention order or a variation of a recognised DVO or family violence safety notice against the directed person—at the time of the decision or withdrawal.

S. 18(2A) inserted by No. 53/2016 s. 85(2).

(2A) Despite subsection (1), in the case of a direction given for the reason in section 13(1)(b), the direction ends and, if a directed person is detained under this Division, authorisation for the detention ends—

(a) if the family violence safety notice or family violence intervention order is served on the directed person—at the time the order or notice is served on the directed person; or

(b) if a police officer becomes aware that a family violence safety notice or family violence intervention order has not been made against the directed person.

S. 18(2B) inserted by No. 53/2016 s. 43(2).

(2B) Despite subsection (1), in the case of a direction given for the reason in section 13A(1)(b), the direction ends and, if a directed person is detained under this Division, authorisation for the detention ends—

(a) if a police officer obtains a copy of the recognised DVO and that DVO has not been served—at the time the copy of the DVO is served on the directed person; or

(b) if a police officer obtains a copy of the recognised DVO and that DVO has been served—at the time the copy of the recognised DVO is obtained; or

(c) in any case, if a police officer becomes aware that the directed person is not a respondent to a recognised DVO.