Crimes Act 1900 No 40
Historical version for 12 May 2005 to 12 May 2005 (accessed 23 May 2013 at 09:07) Current version
Part 15ADivision 1ASection 562AF

562AF   Summons for appearance or arrest of defendant in ADVO matters

(1)  If a complaint for an apprehended domestic violence order is made, an authorised justice may issue:
(a)  a summons for the appearance of the defendant, or
(b)  a warrant for the arrest of the defendant.
(2)  The authorised justice must issue a summons for the appearance of the defendant, unless the authorised justice issues a warrant for the arrest of the defendant.
(3)  The authorised justice may issue a warrant for the arrest of the defendant even though the defendant is not alleged to have committed an offence.
(4)  The authorised justice must issue a warrant for the arrest of the defendant if it appears to the authorised justice that the personal safety of the person for whose protection the order is sought will be put at risk unless the defendant is arrested for the purpose of being brought before the court.
(5)  A warrant may not be executed more than 12 months after the date on which it is issued, unless the court otherwise orders before the end of the 12-month period.
(6)  If the court is satisfied, by evidence on oath or by affidavit, that it is not reasonably practicable to serve a copy of a summons as provided by law, service of the copy of the summons may be effected in such other manner as the court directs.
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