100Warrant for arrest

#### 100 Warrant for arrest Issue of warrant (1) If a Judge, sitting in Chambers, is satisfied, on the evidence, that there are reasonable grounds for believing that paragraph 99(1)(a), (b) or (c) is met, the Judge may issue a warrant authorising the arrest of the person. Execution of warrant (2) For the purpose of executing a warrant, if the authorised officer executing the warrant (or an assisting officer) believes on reasonable grounds that the person is on any premises, the authorised officer (or the assisting officer) may break into and enter those premises. (3) However, the authorised officer executing the warrant (or an assisting officer) must not enter a dwelling house at any time during the period commencing at 9 pm on a day and ending at 6 am on the following day unless the authorised officer (or the assisting officer) believes on reasonable grounds that it would not be practicable to arrest the person, either at the dwelling house or elsewhere, at another time. (4) The authorised officer executing the warrant (or an assisting officer) must not, in the course of arresting the person, use more force, or subject the other person to greater indignity, than is necessary and reasonable: (a) to make the arrest; or (b) to prevent the escape of the person after the arrest. (5) The warrant may be executed even if the authorised officer does not have a copy of the warrant in his or her possession at the time it is executed. (6) The authorised officer executing the warrant (or an assisting officer who arrests the person) must inform the person, at the time of the arrest, of the reason for which he or she is being arrested. (7) It is sufficient if the person is informed of the substance of the reason and it is not necessary that this be done in language of a precise or technical nature. (8) Subsection (6) does not apply to the arrest of the person if: (a) the person should, in the circumstances, know the substance of the reason for which he or she is being arrested; or (b) the person’s actions make it impracticable for the authorised officer executing the warrant (or an assisting officer making the arrest) to inform the person of the reason for which he or she is being arrested. (9) Nothing in this section prevents the arrest of a person in accordance with any other law. (9A) To avoid doubt, the authorised officer executing the warrant need not be the authorised officer who applied for the warrant. Definitions (10) In this section: > dwelling house includes a conveyance, and a room in a hotel, motel, boarding house or club, in which people ordinarily retire for the night. > Judge means: (a) a Judge of the Federal Court of Australia; or (b) a Judge of the Supreme Court of a State or Territory.