In this blog, we outline Sections 114AA (powers of arrest) and Section 114AB. Section 114AB is about the operation of state and territory laws.
Section 114AA: Powers of Arrest
- In cases where:
- A protective injunction is in effect under section 114 to safeguard an individual’s personal well-being; and
- A police officer reasonably believes that the individual subject to the injunction (referred to as “the respondent” in this section) has violated the injunction since its issuance by:
- Inflicting or threatening bodily harm upon the person mentioned in paragraph (a); or
- Harassing, molesting, or stalking that person;
the police officer has the authority to arrest the respondent without a warrant.
Note: Section 122AA grants permission for the use of reasonable force during an arrest. Moreover, subsection (3) of Section 114AA states that if a police officer arrests a person under subsection (1):
- a) The police officer must
- i) Ensure that the person is brought before the court that issued the injunction or another court with jurisdiction under this Act before the expiration of the specified period; and
- ii) Take all necessary measures to inform the person who obtained the injunction under section 114 that the arrested person has been taken into custody and specify the court before which the person will be brought; and
- b) The arrested person cannot be released before the expiration of the specified period unless ordered by the court that issued the injunction or another court with jurisdiction under this Act;
However, this subsection does not authorise the detention of the person in custody after the specified period has lapsed.

Section 114AA: Additional Provisions
(4) If a person is brought before a court in accordance with subsection (3), the court must:
- (a) Immediately proceed to hear and decide on an application before the court regarding the person’s breach of the injunction; or
- (b) If there is no application before the court as mentioned in paragraph (a), order the person’s immediate release.
(5) In cases where:
- (a) Authorities bring a person before a court in accordance with subsection (3);
- (b) The court proceeds to hear and decide on an application for the person’s breach of the injunction as mentioned in paragraph (4)(a); and
- (c) The proceedings have no conclusion by the expiration of the specified period;
authorities may keep the person in custody after the specified period until:
- (d) The court delivers its decision on the proceedings;
- (e) The court orders the person’s release; or
- (f) The court adjourns the hearing for a period longer than 24 hours;
whichever occurs first.
(7) Definitions in this section:
“relevant period” refers to the duration starting from the person’s arrest and ending at the close of business on the following day that is not a Saturday, Sunday, or public holiday.
Section 114AB: Operation of State and Territory Laws
Subsection (1) states that Sections 68B, 68C, 114, and 114AA do not intend to exclude or limit the application of any State or Territory law that can operate alongside these sections.
Subsection (2) states that if a person has already initiated legal proceedings or taken any action under a State or Territory law concerning a specific matter for which they could have initiated proceedings under section 68B or 114, they cannot start proceedings under section 68B or 114 for the same matter, unless:
- (a) In the case of a proceeding, the proceeding has ended, been discontinued, or dismissed, or the orders resulting from the proceeding have been set aside or are no longer valid; and
- (b) In the case of other actions taken, neither the person nor anyone else is required, at the time of initiating proceedings under section 68B or 114, to perform or refrain from any specific act.

Importance of Seeking Legal Advice from Family Lawyers
If you wish to learn more about the Family Law Act (1975), reach out to our lawyers. We can provide more information on powers of arrest. Our team can help with a variety of matters across family law including:
- child custody issues,
- property settlement and
- child support issues.