Civil Law and Justice (Omnibus Amendments) Act 2015 (132 of 2015)

Schedule 1   Amendments

Federal Circuit Court of Australia Act 1999

37   After section 113

Insert:

113A Making arrests under this Act or warrants

Application

(1) This section applies to any of the following persons (the arrester ) who is authorised by this Act, or a warrant issued under this Act or the Rules of Court, to arrest another person (the arrestee ):

(a) the Sheriff of the Federal Circuit Court;

(b) a Deputy Sheriff of the Federal Circuit Court;

(c) the Sheriff of a court of a State or Territory;

(d) a Deputy Sheriff of a court of a State or Territory;

(e) a police officer.

Power to enter premises

(2) If the arrester reasonably believes the arrestee is on premises, the arrester may enter the premises, using such force as is necessary and reasonable in the circumstances, at any time of the day or night for the purpose of searching the premises for the arrestee or arresting the arrestee.

(3) However, the arrester must not enter a dwelling house between 9 pm one day and 6 am the next day unless he or she reasonably believes that it would not be practicable to arrest the arrestee there or elsewhere at another time.

Use of force

(4) In the course of arresting the arrestee, the arrester:

(a) must not use more force, or subject the arrestee to greater indignity, than is necessary and reasonable to make the arrest or to prevent the arrestee's escape after the arrest; and

(b) must not do anything that is likely to cause the death of, or grievous bodily harm to, the arrestee unless the arrester reasonably believes that doing that thing is necessary to protect life or prevent serious injury to another person (including the arrester); and

(c) if the arrestee is attempting to escape arrest by fleeing - must not do a thing described in paragraph (b) unless:

(i) the arrester reasonably believes that doing that thing is necessary to protect life or prevent serious injury to another person (including the arrester); and

(ii) the arrestee has, if practicable, been called on to surrender and the arrester reasonably believes that the arrestee cannot be arrested in any other way.

Informing the arrestee of grounds for arrest

(5) When arresting the arrestee, the arrester must inform the arrestee of the grounds for the arrest.

(6) It is sufficient if the arrestee is informed of the substance of those grounds, not necessarily in precise or technical language.

(7) Subsection (5) does not apply if:

(a) the arrestee should, in the circumstances, know the substance of the grounds for the arrest; or

(b) the arrestee's actions make it impracticable for the arrester to inform the arrestee of those grounds.