Corporations Amendment (Insolvency) Act 2007 (132 of 2007)

Schedule 2   Deterring corporate misconduct

Corporations Act 2001

10   At the end of Division 3 of Part 5.4B


Subdivision B - Procedures relating to section 486B warrants

489A Arrest of person subject to warrant


(a) the Court issues a section 486B warrant for a person to be arrested and brought before the Court; and

(b) the person is not in prison;

the person named in the section 486B warrant may be arrested by:

(c) an officer of the police force of the State or Territory in which the person is found; or

(d) the Sheriff of that State or Territory, or any of the Sheriff's officers; or

(e) a member or special member of the Australian Federal Police.

489B Procedure after arrest

(1) As soon as practicable after being arrested, the person is to be taken before the Court that issued the section 486B warrant.

(2) The Court must order:

(a) that the person be remanded on bail on condition that the person appear at the Court at such time and place as the Court specifies; or

(b) that the person be remanded in such custody or otherwise as the Court specifies, pending the person's appearance at the Court at such time and place as the Court specifies; or

(c) that the person be released.

(3) An order under this section may be subject to other specified conditions.

489C Procedure on remand on bail

(1) If the Court has made an order under section 489B remanding the person (the warrant person ) on bail, the Court must prepare, or cause to be prepared, an instrument setting out the conditions to which the grant of bail is subject.

(2) The instrument must be signed by:

(a) a judge of the Court, or the person who prepared the instrument; and

(b) the warrant person.

(3) The warrant person must be given a copy of the instrument.

(4) The Court must revoke the order, and make an order remanding the warrant person in custody, if that person:

(a) refuses to sign the instrument; or

(b) does not comply with a condition to which the grant of bail is subject and that condition is a condition precedent to that person's release on bail.

489D Court's power to make orders under section 486A, 598 or 1323

(1) To avoid doubt, the Court may make an order under section 486A, 598 or 1323 in relation to a person appearing before the Court under:

(a) a section 486B warrant; or

(b) section 489B.

(2) Subsection (1) does not limit section 486A, 598 or 1323.

489E Jurisdiction under this Subdivision

To avoid doubt, a matter arising under this Subdivision is a civil matter for the purposes of Part 9.6A.

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