Section 70PB — Family Law Act 1975 (Cth)

(1) The arresting person must:

(a) ensure that the alleged offender is brought before a court having jurisdiction under this Part before the end of the holding period applicable under subsection (4); and

(b) take all reasonable steps to ensure that, before the alleged offender is brought before a court, the person who applied for the warrant or recovery order is aware:

(i) that the alleged offender has been arrested; and

(ii) of the court before which the alleged offender is to be brought.

(2) The alleged offender must not be released before the end of the holding period except under an order of a court having jurisdiction under this Part.

(3) This section does not authorise the holding in custody of the alleged offender after the end of the holding period.

(4) The holding period is:

(a) if a Saturday, Sunday or public holiday starts within 24 hours after the arrest of the alleged offender—the longer of the following periods:

(i) the period starting with the arrest and ending 48 hours later;

(ii) the period starting with the arrest and ending at the end of the next day after the day of the arrest that is not a Saturday, Sunday or public holiday; or

(b) in any other case—the period starting with the arrest and ending 24 hours later.

Related sections

• s 70NDC — Division does not limit operation of section 105
• s 70P — What this Division does
• s 70PA — Situation to which Subdivision applies
• s 70PC — Obligation of court—where application before it to deal with contravention
• s 70PD — Obligation of court—where no application before it, but application before another court, to deal with contravention
• s 70PE — Obligation of court—where no application before any court to deal with contravention

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