Commonwealth Consolidated Acts

FAMILY LAW ACT 1975 - SECT 70PD

  (1)   This section applies if:

  (a)   the alleged offender is brought before a court under section   70PB; and

  (b)   there is no application, or no longer any application, before the court for the alleged offender to be dealt with under Division   13A for the alleged contravention; and

  (c)   the court is aware that there is an application before another court for the alleged offender to be dealt with under Division   13A for the alleged contravention.

  (2)   The court must, without delay:

  (a)   order that the alleged offender is to be released from custody on entering into a recognisance (with or without surety or security) that the alleged offender will attend before the other court on a date, at a time and at a place specified by the court; or

  (b)   order the arresting person to arrange for the alleged offender to be brought before the other court on such date and at such time as the court specifies, being a date and time such that the alleged offender is to be brought before the other court as soon as practicable, and in any event not more than 72 hours, after the order is made.

  (3)   If a court makes an order under paragraph   (2)(b) for the alleged offender to be brought before another court:

  (a)   subject to paragraph   (c), the alleged offender may be kept in custody until brought before the other court; and

  (b)   if the alleged offender is brought before the other court as required by the order, the other court must, without delay, proceed to hear and determine the application mentioned in paragraph   (1)(c); and

  (c)   if the alleged offender is not brought before the other court as required by the order, the alleged offender must be released without delay.