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This is a Bill, not an Act. For current law, see the Acts databases.
CROSS-BORDER JUSTICE BILL 2008
Serial
23Cross-border
Justice Bill 2008Dr
Burns
A Bill for an Act to facilitate the
administration of justice in regions straddling the Territory's borders with
South Australia and Western Australia, and for related purposes
NORTHERN TERRITORY OF
AUSTRALIA
CROSS-BORDER JUSTICE ACT
2008
____________________
Act No. [ ] of
2008
____________________
TABLE OF PROVISIONS
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of
2008
____________________
An Act to facilitate the
administration of justice in regions straddling the Territory's borders with
South Australia and Western Australia, and for related purposes
[Assented to [ ]
2008]
[Second reading [ ]
2008]
The Legislative Assembly of the Northern
Territory enacts as follows:
Division 1 Preliminary
matters
Short title
This Act may be cited as the Cross-border
Justice Act 2008.
This Act commences on the date fixed by the
Administrator by Gazette notice.
This Act binds the Crown in right of the Territory
and, to the extent the legislative power of the Legislative Assembly permits,
the Crown in all its other capacities.
Division 2 Object of this
Act
Act gives effect to cooperative
schemes
This Act gives effect to 1 or more cooperative
schemes between the Territory and 1 or both of the other participating
jurisdictions for facilitating the administration of justice in 1 or more
cross-border regions.
Object and achievement of
Act
(1) The object of this Act is to facilitate the
administration of justice in the cross-border regions.
(2) The object is to be achieved mainly by enabling
the following things to be done:
(a) police officers, magistrates and other office
holders of the Territory to exercise their powers under the law of the Territory
in another participating jurisdiction;
(b) police officers, magistrates and other office
holders of the Territory to hold offices and exercise powers under the law of
another participating jurisdiction;
(c) police officers, magistrates and other office
holders of another participating jurisdiction to exercise their powers under the
law of the other jurisdiction in the Territory;
(d) police officers, magistrates and other office
holders of another participating jurisdiction to hold offices and exercise
powers under the law of the Territory;
(e) prescribed courts of the Territory to hear and
determine proceedings, and to otherwise exercise their jurisdiction and powers
under the law of the Territory, in another participating
jurisdiction;
(f) the sentences, orders and other decisions made
by those courts under the law of the Territory to be served, carried out or
otherwise given effect to by persons in another participating
jurisdiction;
(g) the courts of summary jurisdiction of another
participating jurisdiction to hear and determine proceedings, and to otherwise
exercise their jurisdiction and powers under the law of the other jurisdiction,
in the Territory;
(h) the sentences, orders and other decisions made
by those courts under the law of the other jurisdiction to be served, carried
out or otherwise given effect to by persons in the Territory;
(i) any other persons who are required under the law
of the Territory to do things to do the things in another participating
jurisdiction;
(j) any other persons who are required under the law
of another participating jurisdiction to do things to do the things in the
Territory.
How this Act is to be
construed
This Act is to be construed as
enabling:
(a) office holders and courts of the Territory and
other persons to exercise powers they have under the law of the Territory within
the geographical area of another participating jurisdiction;
and
(b) office holders and courts of another
participating jurisdiction and other persons to exercise powers they have under
the law of the other jurisdiction within the geographical area of the
Territory.
Note for Division 2
A person who has a connection with a cross-border
region may be (but is not required to be) dealt with under the Territory's
cross-border laws. In deciding whether or not to deal with the person under the
Territory's cross-border laws, an office holder or prescribed court of the
Territory will have regard to what best facilitates the administration of
justice in the region.
If, for example, an offence is alleged to have
been committed in the cross-border region where the alleged offender and the
witnesses to the alleged offence ordinarily reside, dealing with the offender
under the Territory's cross-border laws is likely to facilitate the
administration of justice in the region.
However, the administration of justice is not
likely to be facilitated in a cross-border region if the alleged offender is
arrested in the region but the offence is alleged to have been committed in, and
the alleged offender and the witnesses to the alleged offence ordinarily reside
in, Darwin.
Division
3 Interpretation
Definitions
(1) In this Act:
another participating jurisdiction
means:
(a) South Australia; or
(b) Western Australia.
appropriate
modifications:
(a) of a law of the Territory – see
section ; or
(b) of a law of another participating jurisdiction
– means appropriate modifications of the law under the jurisdiction's
cross-border laws.
arrest includes to apprehend and to
take into custody.
authorised officer, of a participating
jurisdiction, means:
(a) a police officer of the jurisdiction;
or
(b) an office holder of the jurisdiction prescribed
by regulation.
bring up order, of a participating
jurisdiction, means:
(a) for the Territory:
(i) an order made under section 58 of the
Prisons (Correctional Services) Act; or
(ii) an order made under section of this Act;
or
(iii) another order made under the law of the
Territory directing that a person who is in custody be brought before a judicial
body as defined in section (5); or
(b) for another participating jurisdiction – a
bring up order of the jurisdiction under its cross-border laws.
carry out, an order, includes to
comply with the requirements of, and to perform the obligations under, the
order.
community corrections officer, of a
participating jurisdiction, means:
(a) for the Territory:
(i) a parole officer as defined section 3(1) of
in the Parole of Prisoners Act; or
(ii) a supervising officer or surveillance officer
as defined in section 5 of the Prisons (Correctional Services) Act;
or
(iii) a juvenile justice officer for the Territory;
or
(b) for another participating jurisdiction – a
community corrections officer of the other jurisdiction under its cross-border
laws.
Note
This definition is affected by section
.
connection with a cross-border region,
see Part 2, Division 2.
court document, of a prescribed court
of a participating jurisdiction, means a document that is filed, served or
issued in a cross-border proceeding of the court.
cross-border jurisdiction, of a
prescribed court of a participating jurisdiction, means the court's jurisdiction
in relation to a crossborder proceeding of the court.
cross-border laws, of a participating
jurisdiction, see section .
cross-border proceeding, of a
prescribed court of a participating jurisdiction, means:
(a) for a prescribed court of the Territory –
a proceeding of the court mentioned in section (2) that may be heard and
determined by the court in another participating jurisdiction under
section (1); or
(b) for a prescribed court of another participating
jurisdiction – a cross-border proceeding of that court under the
jurisdiction's cross-border laws.
cross-border region, see
section .
custodial order, of a participating
jurisdiction, means:
(a) for the Territory:
(i) a warrant of commitment issued under
section ; or
(ii) a remand warrant issued under section ;
or
(iii) a bring up order of the Territory;
or
(b) for another participating jurisdiction – a
custodial order of the jurisdiction under its cross-border
laws.
detention centre, in a participating
jurisdiction, means:
(a) for the Territory – a detention centre as
defined in section 5(1) of the Youth Justice Act;
or
(b) for another participating jurisdiction – a
detention centre in the jurisdiction under its cross-border
laws.
drink or drug-driving laws, of a
participating jurisdiction, means the provisions of the law of the jurisdiction
relating to a person driving or attempting to drive a vehicle:
(a) while under the influence of or impaired by
alcohol, drugs or both; or
(b) while alcohol, drugs or both are present in the
person's oral fluid or blood.
Note
This definition is affected by subsection
(2).
drink or drug-driving offence, under
the law of a participating jurisdiction, means an offence under the law of the
jurisdiction the elements of which include a person driving or attempting to
drive a vehicle:
(a) while under the influence of or impaired by
alcohol, drugs or both; or
(b) while alcohol, drugs or both are present in the
person's oral fluid or blood.
Note
This definition is affected by subsection
(2).
exercise, a power, includes to perform
a function or duty.
file, a document, includes lodge the
document.
forfeiture includes
confiscation.
juvenile justice officer, of a
participating jurisdiction, means:
(a) for the Territory – a probation officer or
surveillance officer as defined in section 5(1) of the Youth Justice
Act; or
(b) for another participating jurisdiction – a
juvenile justice officer of the jurisdiction under its cross-border
laws.
magistrate, of a participating
jurisdiction, means:
(a) for the Territory – a magistrate of a
prescribed court of the Territory; or
(b) for another participating jurisdiction – a
magistrate of the jurisdiction under its cross-border laws.
Note
This definition is affected by
section .
non-custodial order, of a
participating jurisdiction, means:
(a) for the Territory:
(i) a sentence imposed on, or an order made against,
a person in relation to an offence or alleged offence under the law of the
Territory, other than a sentence or order requiring the person to be kept in
custody or to pay a fine; or
(ii) a community work order made under section 77 of
the Fines and Penalties (Recovery) Act; or
(iii) an order prescribed by regulation;
or
(b) for another participating jurisdiction – a
non-custodial order of the jurisdiction under its cross-border
laws.
NT/SA region means a cross-border
region straddling the Territory's border with South Australia.
NT/SA/WA region means a cross-border
region straddling the Territory's borders with South Australia and Western
Australia.
NT/WA region means a cross-border
region straddling the Territory's border with Western
Australia.
office holder, of a participating
jurisdiction, means:
(a) for the Territory – a person who holds an
office under the law of the Territory; or
(b) for another participating jurisdiction – a
person who holds an office under the law of the jurisdiction.
Note
This definition is affected by sections and
.
participating jurisdiction
means:
(a) the Territory; or
(b) another participating
jurisdiction.
police officer, of a participating
jurisdiction, means:
(a) for the Territory – a member of the Police
Force appointed or holding office under the Police Administration Act;
or
(b) for another participating jurisdiction – a
police officer of the jurisdiction under its cross-border laws.
Note
This definition is affected by
section .
power includes a function and a
duty.
preliminary alcohol or drug test,
under a participating jurisdiction's drink or drug-driving laws, means a test
that may be conducted under the laws for providing a preliminary indication of
whether or not alcohol, drugs or both are present in the blood of the driver or
person in charge of a vehicle.
prescribed court, of a participating
jurisdiction, means:
(a) for the Territory:
(i) the Court of Summary Jurisdiction established by
section 41A of the Justices Act; or
(ii) the Youth Justice Court continued in existence
by section 45 of the Youth Justice Act; or
(iii) for a proceeding mentioned in section (2)(g)
– the Local Court; or
(iv) the Alcohol Court established by section 6
of the Alcohol Court Act; or
(b) for another participating jurisdiction – a
prescribed court of the jurisdiction under its cross-border
laws.
prison, in a participating
jurisdiction, means:
(a) for the Territory – a prison as defined in
section 5 of the Prisons (Correctional Services) Act;
or
(b) for another participating jurisdiction – a
prison in the jurisdiction under its cross-border laws.
registrar, of a prescribed court of a
participating jurisdiction, means:
(a) for:
(i) the Court of Summary Jurisdiction – a
person who holds office as a clerk of the Court; or
(ii) the Youth Justice Court – a person who
holds office as a Registrar of the Court; or
(iii) the Local Court – a person who holds
office as a Registrar of the Court; or
(iv) the Alcohol Court – a person who holds
office as a Registrar of the Court.
(b) for a prescribed court of another participating
jurisdiction – a registrar of the court under the jurisdiction's
cross-border laws.
remand facility, in a participating
jurisdiction, means a police station, lock-up, prison, detention centre or other
place in the jurisdiction in which persons on remand may be kept in
custody.
restraining order, of a participating
jurisdiction, means:
(a) for the Territory:
(i) a court DVO or police DVO as defined in
section 4 of the Domestic and Family Violence Act;
or
(ii) a personal violence restraining order as
defined in section 4 of the Justices Act; or
(b) for another participating jurisdiction – a
restraining order of the jurisdiction under its cross-border
laws.
restraining orders laws, of a
participating jurisdiction, means:
(a) for the Territory:
(i) the Domestic and Family Violence Act;
or
(ii) the Justices Act; or
(b) for another participating jurisdiction –
the restraining orders laws of the jurisdiction under its cross-border
laws.
secondary office, see
section (2).
secondary office holder, see
section (1).
subsidiary legislation, of a
participating jurisdiction, means:
(a) for the Territory – subordinate
legislation as defined in section 17 of the Interpretation Act;
or
(b) for another participating jurisdiction –
an instrument made under any written law of the other jurisdiction and having
legislative effect.
take action means to do an act or make
an omission.
vehicle impounding laws, of a
participating jurisdiction, means the provisions of the law of the jurisdiction
relating to the impounding or forfeiture of vehicles used in connection with
driving offences under the law.
vehicle or driver licensing laws, of a
participating jurisdiction, means the provisions of the law of the jurisdiction
relating to the licensing of vehicles or drivers.
written law, of a participating
jurisdiction, means an Act or subsidiary legislation of the jurisdiction for the
time being in force.
(2) In paragraph (b) of the definitions drink
or drug-driving laws and drink or drug-driving offence,
the reference to the presence of alcohol in a person's oral fluid or blood
includes a reference to the presence of a quantity of alcohol in the person's
oral fluid or blood that equals or exceeds a specified
quantity.
(1) The following laws are the Territory's
cross-border laws:
(a) this Act;
(b) any other written law of the Territory that
makes express provision in order to give effect to this Act;
(c) any other law of the Territory with any
appropriate modifications;
(d) any other law of the Territory to the extent its
application is necessary to give effect to a law mentioned in paragraph (a), (b)
or (c).
(2) The following laws are South Australia's
cross-border laws:
(a) the Cross-border Justice Act 2009
(SA);
(b) any other written law of South Australia that
makes express provision in order to give effect to that Act;
(c) any other law of South Australia with any
appropriate modifications;
(d) any other law of South Australia to the extent
its application is necessary to give effect to a law mentioned in paragraph (a),
(b) or (c).
(3) The following laws are Western Australia's
cross-border laws:
(a) the Cross-border Justice Act 2008
(WA);
(b) any other written law of Western Australia that
makes express provision in order to give effect to that Act;
(c) any other law of Western Australia with any
appropriate modifications;
(d) any other law of Western Australia to the extent
its application is necessary to give effect to a law mentioned in
paragraph (a), (b) or (c).
Persons who exercise powers are office
holders
For the Territory's cross-border laws, a person on
whom a power is conferred under the law of a participating jurisdiction is taken
to hold an office under the law.
References to office
holders
(1) In this Act, unless the contrary intention
appears, a reference to an office holder (however described) of a participating
jurisdiction includes a reference to a person who holds an office under the law
of the jurisdiction as a secondary office holder.
(2) In this Act, unless the contrary intention
appears, a reference to an office holder (however described) of another
participating jurisdiction whose office no longer exists is a reference to an
office holder of the other jurisdiction who for the time being has the powers of
that office.
References to written laws of another
participating jurisdiction
(1) A reference in this Act to a written law of
another participating jurisdiction, or to a provision of such a law, is read as
including a reference to the law or provision as amended from time to
time.
(2) In this section:
amended:
(a) means replaced, substituted (in whole or part),
added to or varied; and
(b) includes any 2 or more of those things done
simultaneously or by the same written law.
Use of notes and examples
A note or example set out at the foot of a provision
of this Act is provided to help understanding and is not part of the
provision.
Division 4 Modifications of other laws of
Territory
Appropriate modifications
Appropriate modifications of a law of the Territory
are:
(a) any modifications of the law prescribed by
regulation; and
(b) any other modifications of the law that are
necessary or convenient to give effect to this Act.
In order to give effect to this Act, a law of the
Territory must be applied with any appropriate modifications as if the law had
been altered in that way.
Division 5 Relationship between Territory's
cross-border laws and other
laws
Law of another participating jurisdiction:
office holders, prescribed courts, persons serving
sentences
(1) The Territory's cross-border laws do not
authorise an office holder of the Territory to exercise a power in another
participating jurisdiction unless the law of the other jurisdiction allows the
office holder to exercise the power in the other jurisdiction.
(2) The Territory's cross-border laws do not allow
an office holder of another participating jurisdiction to exercise a power in
the Territory unless the law of the other jurisdiction authorises the office
holder to exercise the power in the Territory.
(3) The Territory's
cross-border laws do not authorise a prescribed court of the
Territory to hear and determine a proceeding, or
to otherwise exercise its jurisdiction or a power, in another participating
jurisdiction unless the law of the other jurisdiction allows the court to hear
and determine the proceeding, or to exercise the jurisdiction or power, in the
other jurisdiction.
(4) The
Territory's
cross-border laws do not allow a prescribed court of another
participating jurisdiction to hear and determine a proceeding, or to otherwise
exercise its jurisdiction or a power, in the
Territory
unless the law of the other jurisdiction authorises the court to hear and
determine the proceeding, or to exercise the jurisdiction or power, in the
Territory.
(5) The
Territory's
cross-border laws do not authorise a sentence imposed on, or an order
made or issued against, a person in relation to an offence or alleged offence
under the law of the
Territory to be served or
carried out in another participating jurisdiction unless the law of the other
jurisdiction allows the sentence or order to be served or carried out in the
other jurisdiction.
(6) The
Territory's
cross-border laws do not allow a sentence imposed on, or an order made or
issued against, a person in relation to an offence or alleged offence under the
law of another jurisdiction to be served or carried out in the
Territory unless the law of the other jurisdiction
authorises the sentence or order to be served or carried out in the
Territory.
Law of another participating jurisdiction:
other persons required to do things
(1) This section applies
in relation to a person other than an office
holder, court or other person in relation to
whom
section
applies
.
(2) The
Territory's cross-border laws do
not
authorise a person who is
required under the law of the Territory to do something to do that thing in
another participating jurisdiction
unless
the law of the other jurisdiction allows the person to do the thing in the other
jurisdiction.
(3) The
Territory's cross-border laws do not
allow a person who is required
under the law of another participating jurisdiction to do something to do that
thing in the Territory
unless
the law of the other jurisdiction authorises the person to do the thing in the
Territory.
Service and Execution of Process Act
1992 (Cth)
The Territory's cross-border laws are intended to
provide alternative procedures to those under the Service and Execution of
Process Act 1992 (Cth) and do not purport to exclude or limit the
operation of that Act.
Note
If the Service and Execution of Process Act 1992
(Cth) provides that it does not apply to a matter covered by the Territory's
cross-border laws, an office holder or prescribed court of the Territory will
proceed under the laws instead of that Act.
Division
6 Application
Offences, orders and requirements for which
Territory's crossborder laws apply
(1) The Territory's cross-border laws apply in
relation to an offence under the law of a participating jurisdiction whether the
offence is suspected of having been committed, or is alleged or found to have
been committed, before or after the commencement of this Act.
(2) The Territory's cross-border laws apply in
relation to an order made under the law of a participating jurisdiction whether
the order was made before or after the commencement of this
Act.
(3) The Territory's cross-border laws apply in
relation to a requirement to do something under the law of a participating
jurisdiction whether the requirement arose before or after the commencement of
this Act.
Part 2 Cross-border regions
Division 1 Prescribing cross-border
regions
Cross-border regions to be
prescribed
A cross-border region is a region
that:
(a) straddles the border between the Territory and 1
or both of the other participating jurisdictions; and
(b) is prescribed by regulation to be a cross-border
region.
Division 2 Connection with cross-border
region
Persons suspected of, alleged to have
committed or found guilty of offences
(1) This section applies to a person
who:
(a) is suspected of having committed an offence
under the law of a participating jurisdiction; or
(b) is alleged to have committed an offence under
the law of a participating jurisdiction; or
(c) has been found guilty of an offence under the
law of a participating jurisdiction.
(2) The person has a connection with a cross-border
region if:
(a) the offence is suspected of having been
committed, or is alleged or was found to have been committed, in the region;
or
(b) at the time of the person's arrest for the
offence:
(i) the person is or was in the region;
or
(ii) the person ordinarily resides or resided in the
region; or
(c) when the offence is suspected of having been
committed, or is alleged or was found to have been committed, the person
ordinarily resides or resided in the region.
(3) For a proceeding of a prescribed court of a
participating jurisdiction in relation to the offence, the person also has a
connection with a cross-border region if:
(a) when the proceeding is heard, the person
ordinarily resides in the region; or
(b) the proceeding is heard with another
cross-border proceeding of the court for which the person has a connection with
the region.
Note for section
For deciding whether or not a person has
committed an offence under the law of a participating
jurisdiction:
(a) for the Territory – section 15 of the
Criminal Code applies; or
(b) for South Australia – section 5G of the
Criminal Law Consolidation Act 1935 (SA) applies; or
(c) for Western Australia – section 12
of the Criminal Code (WA) applies.
Persons against whom orders of prescribed
courts are in force
(1) This section applies to a person against whom
an order made by a prescribed court of a participating jurisdiction is in
force.
(2) Subsections (3) and (4) apply if the
person:
(a) is suspected of having breached the order;
or
(b) is alleged to have breached the order;
or
(c) has been found to have breached the
order.
(3) The person has a connection with a cross-border
region if:
(a) the breach is suspected of having occurred, or
is alleged or was found to have occurred, in the region; or
(b) at the time of the person's arrest for the
breach:
(i) the person is or was in the region;
or
(ii) the person ordinarily resides or resided in the
region; or
(c) when the breach is suspected of having occurred,
or is alleged or was found to have occurred, the person ordinarily resides or
resided in the region; or
(d) when the order or a previous amendment or
variation of the order was made, the person ordinarily resided in the region;
or
(e) the order or a previous amendment or variation
of the order was made in, or another breach of the order has been the subject
of, another cross-border proceeding of the court for which the person had a
connection with the region.
(4) For a proceeding of the court in relation to
the breach, the person also has a connection with a cross-border region
if:
(a) when the proceeding is heard, the person
ordinarily resides in the region; or
(b) the proceeding is heard with another
cross-border proceeding of the court for which the person has a connection with
the region.
(5) The person has a connection with a cross-border
region for a proceeding of the court for the amendment, variation or revocation
of the order if:
(a) when the order or a previous amendment or
variation of the order was made, the person ordinarily resided in the region;
or
(b) the order or a previous amendment or variation
of the order was made in, or any breach of the order has been the subject of,
another cross-border proceeding of the court for which the person had a
connection with the region; or
(c) when the proceeding is heard, the person
ordinarily resides in the region; or
(d) the proceeding is heard with another
cross-border proceeding of the court for which the person has a connection with
the region.
Connection for purposes of making restraining
orders
(1) This section applies to a person against whom a
restraining order is sought or proposed to be made under a participating
jurisdiction's restraining orders laws.
(2) The person has a connection with a cross-border
region, including for a proceeding in a prescribed court of the jurisdiction for
the making of the order, if:
(a) the person ordinarily resides in the region;
or
(b) the person for whose benefit the order is sought
or is proposed to be made ordinarily resides in the region.
Persons serving sentences or carrying out
orders for offences or alleged offences
(1) This section applies to a person on whom a
sentence is imposed, or against whom an order is made or issued, for an offence
or alleged offence under the law of a participating
jurisdiction.
(2) The person has a connection with a cross-border
region if:
(a) the sentence was imposed, or the order was made
or issued, in:
(i) a cross-border proceeding of a prescribed court
of the participating jurisdiction for which the person had a connection with the
region; or
(ii) an appeal from such a proceeding;
or
(b) if the order was made or issued for enforcing a
fine – the fine was imposed in a proceeding or appeal mentioned in
paragraph (a); or
(c) the person ordinarily resides in the
region.
Other persons required to do
things
(1) This section applies to a person if sections
to do not apply to the person.
(2) A person who is required to do something under
the law of a participating jurisdiction has a connection with a cross-border
region if:
(a) the requirement is made of the person in the
region; or
(b) the requirement relates to an event, matter or
thing in the region; or
(c) the person ordinarily resides in the
region.
Connections are not mutually
exclusive
A connection with a cross-border region that a
person has because of a provision of this Division does not exclude or limit a
connection with a cross-border region that the person has because of another
provision of this Division.
Division 3 Proving connection with
cross-border region
Definition
In this Division:
proceeding means:
(a) a cross-border proceeding of a prescribed court
of the Territory; or
(b) a proceeding before a court of the Territory
relating to an action taken or purportedly taken under this Act by an office
holder of a participating jurisdiction.
Onus of proving person's whereabouts at time
of arrest
(1) If whether a person was in a cross-border
region at the time of the person's arrest is in issue in a proceeding, the
person has the onus of proving on the balance of probabilities the person was
not in the region at the time.
(2) If whether a person ordinarily resided in a
cross-border region at the time of the person's arrest is in issue in a
proceeding, the person has the onus of proving on the balance of probabilities
the person did not ordinarily reside in the region at the time.
Onus of proving person's residency during
cross-border proceeding
(1) Subsection (2) applies if either of the
following are in issue in a proceeding:
(a) for a cross-border proceeding – whether
the person who is the subject of the proceeding ordinarily resides or resided in
a cross-border region at a particular time during the
proceeding;
(b) for another proceeding – whether the
person who is the subject of the proceeding ordinarily resides or resided in a
cross-border region at a particular time during a cross-border
proceeding.
(2) The person has the onus of proving on the
balance of probabilities the person does not or did not ordinarily reside in the
region at the time.
Division 4 Multiple cross-border
regions
Application of Division
This Division applies if there are 2 or more
cross-border regions of which:
(a) 1 is partly in all 3 participating
jurisdictions; and
(b) the other or others are partly in only 2 of the
3 participating jurisdictions.
Office holders, prescribed courts, persons
serving sentences
(1) The Territory's cross-border laws do not
authorise an office holder of the Territory to exercise a power under the law of
the Territory in another participating jurisdiction unless the power is to be
exercised in relation to a person who has a connection with a cross-border
region that is partly in the other jurisdiction.
(2) The Territory's cross-border laws do not allow
an office holder of another participating jurisdiction to exercise a power under
the law of the other jurisdiction in the Territory unless the power is to be
exercised in relation to a person who has a connection with a crossborder region
that is partly in the other jurisdiction.
(3) The Territory's cross-border laws do not
authorise a prescribed court of the Territory to hear and determine a
proceeding, or to otherwise exercise its jurisdiction or a power, in another
participating jurisdiction unless the person who is the subject of the
proceeding to which the exercise of that jurisdiction or power relates has a
connection with a cross-border region that is partly in the other jurisdiction
for that proceeding.
(4) The Territory's cross-border laws do not allow
a prescribed court of another participating jurisdiction to hear and determine a
proceeding, or to otherwise exercise its jurisdiction or a power, in the
Territory unless the person who is the subject of the proceeding to which the
exercise of that jurisdiction or power relates has a connection with a
cross-border region that is partly in the other jurisdiction for that
proceeding.
(5) The Territory's cross-border laws do not
authorise a sentence imposed on, or an order made or issued against, a person in
relation to an offence or alleged offence under the law of the Territory to be
served or carried out in another participating jurisdiction unless the person
has a connection with a cross-border region that is partly in the other
jurisdiction.
(6) The Territory's cross-border laws do not allow
a sentence imposed on, or an order made or issued against, a person in relation
to an offence or alleged offence under the law of another participating
jurisdiction to be served or carried out in the Territory unless the person has
a connection with a cross-border region that is partly in the other
jurisdiction.
Other persons required to do
things
(1) This section applies in relation to a person
other than an office holder, court or other person in relation to whom section
30 applies.
(2) The
Territory's cross-border laws do not authorise a person who is required under
the law of the Territory to do something to do that thing in another
participating jurisdiction unless the person has a connection with a
cross-border region that is partly in the other jurisdiction.
(3) The Territory's cross-border laws do not allow
a person who is required under the law of another participating jurisdiction to
do something to do that thing in the Territory unless the person has a
connection with a cross-border region that is partly in the other
jurisdiction.
Note for Division 4
A person may have a connection with more than 1
cross-border region. An office holder or prescribed court of the Territory may
deal with the person under the Territory's crossborder laws on the basis of the
person's connection with 1 or another of the regions, having regard to what best
facilitates the administration of justice in the regions.
Part 3 Police officers of Territory
exercising powers in another participating jurisdiction
Division 1 Powers
generally
Arrest without warrant
(1) A police officer of the Territory may arrest a
person in another participating jurisdiction without a warrant
if:
(a) under the law of the Territory, the police
officer would have been able to arrest the person in the Territory without a
warrant; and
(b) the person has a connection with a cross-border
region.
(2) The law of the Territory applies (with any
appropriate modifications) in relation to the arrest.
(1) A police officer of the Territory may arrest a
person in another participating jurisdiction under a warrant
if:
(a) under the law of the Territory, the police
officer would have been able to arrest the person in the Territory under a
warrant; and
(b) the person has a connection with a cross-border
region.
(2) A magistrate of the Territory:
(a) may issue in another participating jurisdiction
a warrant for the arrest of a person under the law of the Territory if the
person has a connection with a cross-border region; and
(b) for that purpose, may
exercise in the other jurisdiction any of the powers the magistrate has under
the law of the Territory for issuing warrants for the arrest of
persons.
(3) The law of the Territory applies (with any
appropriate modifications) in relation to the arrest and the
warrant.
Examples for section
1 A person is suspected of committing an offence
under NT law in the NT portion of the NT/SA/WA region. An NT magistrate anywhere
in the NT, SA or WA may issue a warrant for the person's arrest. An NT police
officer may arrest the person under the warrant anywhere in the NT, SA or
WA.
2 A person who ordinarily resides in the NT/SA
region is suspected of committing an offence under NT law at a place in the NT
outside the crossborder region. An NT magistrate anywhere in the NT or SA may
issue a warrant for the person's arrest. An NT magistrate in WA cannot issue a
warrant. An NT police officer may arrest the person under the warrant anywhere
in the NT or SA but not in WA.
3 A person who ordinarily resides in the NT/WA
region is suspected of committing an offence under NT law in the NT portion of
the NT/SA region. An NT magistrate anywhere in the NT, SA or WA may issue a
warrant for the person's arrest. An NT police officer may arrest the person
under the warrant anywhere in the NT, SA or WA.
Person taken into custody
(1) Subsection (2) applies
if:
(a) a police officer of the Territory arrests a
person under the law of the Territory:
(i) whether with or without a warrant;
and
(ii) whether in the Territory or another
participating jurisdiction; and
(b) the person has a connection with a cross-border
region.
(2) A police officer of the Territory
may:
(a) keep the person in custody in another
participating jurisdiction; and
(b) while the person is in custody, take the person
to a police station, court or other place in another participating jurisdiction
for any purpose authorised under the law of the Territory as applied by
subsection (3).
(3) The law of the Territory applies (with any
appropriate modifications) in relation to the custody.
Investigation of suspected or alleged offence
or breach of order
(1) This section applies if:
(a) a police officer of the
Territory:
(i) suspects a person of having committed, or has
alleged that a person has committed, an offence under the law of the Territory;
or
(ii) suspects a person of having breached, or has
alleged that a person has breached, an order made under the law of the
Territory; and
(b) the person has a connection with a cross-border
region.
(2) A police officer of the Territory
may:
(a) investigate the offence or breach in another
participating jurisdiction; and
(b) for that purpose, may exercise in the other
jurisdiction any of the powers the police officer has under the law of the
Territory for investigating the offence or breach.
(3) Without affecting subsection (2), those
powers may include powers in relation to any of the following:
(a) interviewing people;
(b) searching people;
(c) taking photographs of people or parts of
people's bodies;
(d) taking prints of parts of people's bodies (for
example, fingerprints, handprints and footprints);
(e) taking samples of things, and removing things,
from the external and internal parts of people's bodies;
(f) entering and searching places and
vehicles;
(g) taking photographs of places and
vehicles;
(h) inspecting, and taking extracts from or copies
of, documents found at places or in vehicles;
(i) taking samples of things, and seizing things,
from places and vehicles;
(j) carrying out warrants or orders authorising the
police officer to do any of the things mentioned in paragraphs (a)
to (i);
(k) requiring people to assist the police officer to
do any of the things mentioned in paragraphs (a)
to (j).
(4) For the investigation of the offence or breach
by a police officer of the Territory in the Territory or another participating
jurisdiction, a magistrate of the Territory:
(a) may issue in another participating jurisdiction
a warrant or order under the law of the Territory to be carried out in the
Territory or another participating jurisdiction; and
(b) for that purpose, may exercise in the other
participating jurisdiction any of the powers the magistrate has under the law of
the Territory for issuing warrants or orders for the investigation by police
officers of the Territory of offences or breaches of orders.
(5) The law of the Territory applies (with any
appropriate modifications) in relation to the investigation and the warrant or
order.
Examples for section
1 A person is suspected of committing an offence
under NT law in the NT portion of the NT/SA/WA region. An NT police officer may
investigate the alleged offence anywhere in the NT, SA or WA. For the
investigation of the alleged offence, an NT magistrate anywhere in the NT, SA or
WA may issue a warrant to search premises anywhere in the NT, SA or
WA.
2 A person is arrested in the NT/SA region for an
offence under NT law alleged to have been committed in a place in the NT
outside the cross-border region. An NT police officer may investigate the
alleged offence anywhere in the NT or SA but not in WA. For the investigation of
the alleged offence, an NT magistrate anywhere in the NT or SA may issue a
warrant to search premises anywhere in the NT or SA but not in WA. An NT
magistrate in WA cannot issue a warrant.
3 A person is suspected of committing an offence
under NT law in the NT portion of the NT/WA region and is subsequently arrested
for the alleged offence in the NT/SA region. An NT police officer may
investigate the alleged offence anywhere in the NT, SA or WA. For the
investigation of the alleged offence, an NT magistrate anywhere in the NT, SA or
WA may issue a warrant to search premises anywhere in the NT, SA or
WA.
Return of person not charged to place of
arrest or other place
(1) Subsection (2) applies if a person being
kept in custody by a police officer of the Territory in another jurisdiction
under section (2)(a) is released without charge.
(2) A police officer of the Territory must take
reasonable steps to ensure the person is taken, at the person's
election:
(a) back to the place where the person was arrested;
or
(b) to a place reasonably nominated by the
person.
(3) Subsection (2) does not require the person
to be taken to a place if to do so is likely to endanger the person's or another
person's safety.
Relationship of Part with Criminal
Investigation (Extraterritorial Offences) Act
This Part does not affect the operation of the
Criminal Investigation (Extra-territorial Offences) Act.
Division 2 Road traffic powers
Subdivision 1 Vehicle or driver licensing
laws
Powers in relation to
offences
(1) Subsection (2) applies
if:
(a) a police officer of the Territory suspects a
person of having committed, or has alleged that a person has committed, an
offence under the Territory's vehicle or driver licensing laws;
and
(b) the person has a connection with a cross-border
region.
(2) A police officer of the Territory may exercise
in another participating jurisdiction any of the powers the police officer has
under the law of the Territory in relation to the offence.
(1) A police officer of the Territory may exercise
in another participating jurisdiction any of the police officer's licensing
powers in relation to a person who ordinarily resides in a part of the Territory
that is in a cross-border region.
(2) In this section:
licensing powers, of a police officer
of the Territory, means any of the powers the police officer has under the
Territory's vehicle or driver licensing laws other than a power to which
section 38(2) applies.
Subdivision 2 Drink or drug-driving
laws
In this Subdivision:
sample means a sample of a person's
breath, oral fluid, blood or urine.
test means to provide or take, and
test or analyse, a sample.
testing procedures, under a
participating jurisdiction's drink or drug-driving laws, means the requirements
for providing or taking, and testing or analysing, a sample under the
jurisdiction's drink or drug-driving laws.
Conduct of preliminary alcohol or drug test in
cross-border region
(1) This section applies if a police officer of the
Territory requires a person in a part of the Territory that is in a cross-border
region to provide a sample of breath or oral fluid for a preliminary alcohol or
drug test under the Territory's drink or drug-driving laws.
(2) If:
(a) the person is required to provide the sample in
accordance with the testing procedures under another participating
jurisdiction's drink or drug-driving laws; and
(b) the region is partly in the other
jurisdiction;
the person is taken to be required to provide the
sample in accordance with the testing procedures under the Territory's drink or
drug-driving laws.
(3) If:
(a) the sample is tested in accordance with the
testing procedures for a preliminary alcohol or drug test under another
participating jurisdiction's drink or drug-driving laws; and
(b) the region is partly in the other
jurisdiction;
the sample is taken to have been tested in
accordance with the testing procedures for a preliminary alcohol or drug test
under the Territory's drink or drug-driving laws.
Examples for section
1 An NT police officer requires a person in the
NT portion of the NT/SA region to provide a sample of breath for a preliminary
alcohol test under the NT's drink-driving laws. The police officer may require
the person to provide the sample in accordance with the testing procedures under
SA's drink-driving laws.
2 An NT police officer requires a person in the
NT portion of the NT/SA region to provide a sample of breath for a preliminary
alcohol test under the NT's drink-driving laws. The sample may be tested in
accordance with the testing procedures under SA's drink-driving
laws.
Powers that may be exercised in another
participating jurisdiction
(1) Subsection (3) applies if a police officer
of the Territory has required a person in a part of the Territory that is in a
cross-border region to provide a sample of breath or oral fluid for a
preliminary alcohol or drug test under the Territory's drink or drug-driving
laws.
(2) Subsection (3) applies
if:
(a) a police officer of the Territory suspects a
person of having committed, or has alleged that a person has committed, a drink
or drug-driving offence under the law of the Territory; and
(b) the person has a connection with a cross-border
region.
(3) Subject to section 44, a police officer of
the Territory may exercise in another participating jurisdiction any of the
powers the police officer has under the Territory's drink or drug-driving laws
in relation to the person.
Example for section
An NT police officer has required a person in the
NT portion of the NT/WA region to provide a sample of oral fluid for a
preliminary drug test under the NT's drug-driving laws. The police officer
suspects the person has committed a drugdriving offence in the NT portion of the
NT/WA region under the law of the NT. The police officer may require the person
to provide a blood sample under the NT's drug-driving laws in
WA.
Providing or taking sample in another
participating jurisdiction
(1) This section applies if a police officer of the
Territory acting under section 42(3) requires a person to provide or allow
to be taken a sample under the Territory's drink or drug-driving laws in another
participating jurisdiction.
(2) If the person is required to provide the sample
or allow the sample to be taken in accordance with the testing procedures under
the other jurisdiction's drink or drug-driving laws, the person is taken to be
required to provide the sample or allow the sample to be taken in accordance
with the testing procedures under the Territory's drink or drug-driving
laws.
(3) If the sample is tested in accordance with the
testing procedures under the other jurisdiction's drink or drug-driving laws,
the following provisions apply:
(a) the sample is taken to have been tested in
accordance with the testing procedures under the Territory's drink or
drug-driving laws;
(b) a certificate relating to the testing procedures
under the other jurisdiction's drink or drug-driving laws that would be prima
facie evidence of a matter stated in the certificate in a proceeding for an
offence under the law of the other jurisdiction is prima facie evidence of the
matter in a proceeding for an offence under the law of the
Territory;
(c) if a sample of breath or blood is tested, the
analysis result is taken to be the analysis result for the law of the
Territory.
(4) This section does not prevent the sample from
being required to be provided or allowed to be taken, or from being tested, in
accordance with the testing procedures under the Territory's drink or
drug-driving laws.
Examples for section
1 An NT police officer requires a person in WA to
provide a blood sample under the NT's drug-driving laws. The police officer may
require the person to provide the sample in accordance with the testing
procedures under WA's drug-driving laws.
2 An NT police officer requires a person in WA to
provide a blood sample under the NT's drug-driving laws. The sample may be
tested in accordance with the testing procedures under WA's drug-driving
laws.
Preliminary alcohol or drug test cannot be
conducted in another participating jurisdiction
This Subdivision does not authorise a police officer
of the Territory to require a person in another participating jurisdiction to
provide a sample of breath or oral fluid for a preliminary alcohol or drug test
under the Territory's drink or drug-driving laws.
Subdivision 3 Vehicle impounding
laws
(1) A police officer of the Territory may exercise
in relation to a vehicle in another participating jurisdiction any of the powers
the police officer has under the Territory's vehicle impounding laws in relation
to a vehicle if:
(a) the person connected with the vehicle has a
connection with a cross-border region; and
(b) if the exercise of the power is for giving
effect to a court order – the order was made by a prescribed court of
the Territory.
(2) In this section:
person, connected with a vehicle,
means the person who:
(a) is suspected of having committed;
or
(b) is alleged to have committed;
or
(c) has been found guilty of;
the offence for which the vehicle may or is required
to be impounded or confiscated.
Subdivision 4 Miscellaneous
matters
The law of the Territory applies (with any
appropriate modifications) in relation to the powers in relation to which this
Division applies.
Relationship with
Division 1
The powers that a police officer of the Territory is
authorised under this Division to exercise in another participating jurisdiction
are in addition to, and do not exclude or limit, any of the powers the police
officer is authorised under Division 1 to exercise in the other
jurisdiction.
Division 3 Restraining orders
laws
Definition
In this Division:
NT police order means a police DVO
made by a police officer of the Territory under the Domestic and Family
Violence Act.
Making of NT police
orders
(1) A police officer of the Territory may make an
NT police order in another participating jurisdiction if the person against whom
the order is sought or proposed to be made has a connection with a cross-border
region.
(2) The law of the Territory applies (with any
appropriate modifications) in relation to the making of the
order.
Note for section
For deciding whether or not the person against
whom the NT police order is sought or proposed to be made has a connection with
a cross-border region, section and Part 2, Division 4,
apply.
Enforcement of NT police
orders
(1) This section applies if:
(a) a person in another participating jurisdiction
is a person against whom an NT police order is in force; and
(b) the person against whom, or for whose benefit,
the order is made ordinarily resides in a cross-border region.
(2) A police officer of the Territory may exercise
the police officer's powers in relation to the person against whom the order is
made.
(3) In relation to the exercise of the powers,
sections 120 to 122 of the Domestic and Family Violence Act have effect
for all purposes in relation to a contravention of the order in the other
jurisdiction.
(4) The law of the Territory applies (with any
appropriate modifications) in relation to the powers.
Division
4 Offence
Offence to interfere with exercise of
power
(1) Subsection (2) applies if a person in
another participating jurisdiction takes action in relation to the exercise of a
power under this Part that would, if the action were to be taken in relation to
the exercise of the power in the Territory, constitute an offence under the law
of the Territory (a Territory offence).
(2) The person commits an offence under this Act
punishable by the same penalty as is prescribed for the Territory
offence.
(3) If the Territory offence is an indictable
offence, the offence under subsection (2) is also an indictable
offence.
Part 4 Police officers of another
participating jurisdiction exercising powers in Territory
Division 1 Powers
generally
Arrest without warrant
(1) A police officer of another participating
jurisdiction may arrest a person in the Territory without a warrant
if:
(a) under the law of the other jurisdiction, the
police officer would have been able to arrest the person in the other
jurisdiction without a warrant; and
(b) the person has a connection with a cross-border
region.
(2) The law of the Territory does not apply in
relation to the arrest.
(1) A police officer of another participating
jurisdiction may arrest a person in the Territory under a warrant
if:
(a) under the law of the other jurisdiction, the
police officer would have been able to arrest the person in the other
jurisdiction under a warrant; and
(b) the person has a connection with a cross-border
region.
(2) A magistrate of another participating
jurisdiction:
(a) may issue in the Territory a warrant for the
arrest of a person under the law of the other jurisdiction if the person has a
connection with a cross-border region; and
(b) for that purpose, may exercise in the Territory
any of the powers the magistrate has under the law of the other jurisdiction for
issuing warrants for the arrest of persons.
(3) The law of the Territory does not apply in
relation to the arrest or the warrant.
Examples for section
1 A person is suspected of committing an offence
under SA law in the SA portion of the NT/SA/WA region. An SA magistrate anywhere
in the NT may issue a warrant for the person's arrest. An SA police officer may
arrest the person under the warrant anywhere in the NT.
2 A person who ordinarily resides in the NT/WA
region is suspected of committing an offence under WA law in a place in WA
outside the crossborder region. A WA magistrate anywhere in the NT may issue a
warrant for the person's arrest. A WA police officer may arrest the person under
the warrant anywhere in the NT.
3 A person who ordinarily resides in the NT/SA
region is suspected of committing an offence under SA law in a place in SA
outside the cross-border region. An SA magistrate anywhere in the NT may
issue a warrant for the person's arrest. An SA police officer may arrest the
person under the warrant anywhere in the NT.
Person taken into custody
(1) Subsection (2) applies
if:
(a) a police officer of another participating
jurisdiction (the arresting jurisdiction) arrests a person under
the law of the arresting jurisdiction:
(i) whether with or without a warrant;
and
(ii) whether in the Territory or another
participating jurisdiction; and
(b) the person has a connection with a cross-border
region.
(2) A police officer of the arresting jurisdiction
may:
(a) keep the person in custody in the Territory;
and
(b) while the person is in custody, take the person
to a police station, court or other place in the Territory for any purpose
authorised under the law of the arresting jurisdiction as applied by its
cross-border laws.
(3) The law of the Territory does not apply in
relation to the custody.
Investigation of suspected or alleged offence
or breach of order
(1) This section applies if:
(a) a police officer of another participating
jurisdiction (the investigating jurisdiction):
(i) suspects a person of having committed, or has
alleged that a person has committed, an offence under the law of the
investigating jurisdiction; or
(ii) suspects a person of having breached, or has
alleged that a person has breached, an order made under the law of the
investigating jurisdiction; and
(b) the person has a connection with a cross-border
region.
(2) A police officer of the investigating
jurisdiction may:
(a) investigate the offence or breach in the
Territory; and
(b) for that purpose, may exercise in the Territory
any of the powers the police officer has under the law of the investigating
jurisdiction for investigating the offence or breach.
(3) Without affecting subsection (2), those
powers may include powers in relation to any of the following:
(a) interviewing people;
(b) searching people;
(c) taking photographs of people or parts of
people's bodies;
(d) taking prints of parts of people's bodies (for
example, fingerprints, handprints and footprints);
(e) taking samples of things, and removing things,
from the external and internal parts of people's bodies;
(f) entering and searching places and
vehicles;
(g) taking photographs of places and
vehicles;
(h) inspecting, and taking extracts from or copies
of, documents found at places or in vehicles;
(i) taking samples of things, and seizing things,
from places and vehicles;
(j) carrying out warrants or orders authorising the
police officer to do any of the things mentioned in paragraphs (a)
to (i);
(k) requiring people to assist the police officer to
do any of the things mentioned in paragraphs (a)
to (j).
(4) For the investigation of the offence or breach
by a police officer of the investigating jurisdiction in the Territory or
another participating jurisdiction, a magistrate of the investigating
jurisdiction:
(a) may issue in the Territory a warrant or order
under the law of the investigating jurisdiction to be carried out in the
Territory or another participating jurisdiction; and
(b) for that purpose, may exercise in the Territory
any of the powers the magistrate has under the law of the investigating
jurisdiction for issuing warrants or orders for the investigation by police
officers of that jurisdiction of offences or breaches of
orders.
(5) The law of the Territory does not apply in
relation to the investigation or the warrant or order.
Examples for section
1 A person is suspected of committing an offence
under SA law in the SA portion of the NT/SA/WA region. An SA police officer may
investigate the alleged offence anywhere in the NT. For the investigation of the
alleged offence, an SA magistrate anywhere in the NT may issue a warrant to
search premises anywhere in the NT, SA or WA.
2 A person is arrested in the NT/WA region for an
offence under WA law alleged to have been committed in a place in WA
outside the cross-border region. A WA police officer may investigate the alleged
offence anywhere in the NT. For the investigation of the alleged offence, a WA
magistrate anywhere in the NT may issue a warrant to search premises anywhere in
the NT or WA but not in SA.
3 A person who ordinarily resides in the NT/SA
region is suspected of committing an offence under SA law in a place in SA
outside the cross-border region. An SA police officer may investigate the
alleged offence in the NT. For the investigation of the alleged offence, an SA
magistrate anywhere in the NT may issue a warrant to search premises anywhere in
the NT or SA but not in WA.
Relationship of this Division with laws
relating to forensic examinations
This Division does not exclude or limit the
operation of the Police Administration Act, Part VII, Division 7 or the
Youth Justice Act, Part 2, Division 3.
Note for section
A police officer of another participating
jurisdiction who is investigating an offence under the law of the other
jurisdiction may, for examining or obtaining material from the body of a person
in the Territory, elect to use the powers the police officer has under this
Division or to proceed under the Police Administration Act, Part VII, Division
7, or the Youth Justice Act, Part 2, Division 3.
Division 2 Road traffic powers
Subdivision 1 Vehicle or driver licensing
laws
Powers in relation to
offences
(1) Subsection (2) applies
if:
(a) a police officer of another participating
jurisdiction suspects a person of having committed, or has alleged that a person
has committed, an offence under the other jurisdiction's vehicle or driver
licensing laws; and
(b) the person has a connection with a cross-border
region.
(2) A police officer of the other jurisdiction may
exercise in the Territory any of the powers the police officer has under the law
of the other jurisdiction in relation to the offence.
(1) A police officer of another participating
jurisdiction may exercise in the Territory any of the police officer's licensing
powers in relation to a person who ordinarily resides in a part of the other
jurisdiction that is in a cross-border region.
(2) In this section:
licensing powers, of a police officer
of another participating jurisdiction, means any of the powers the police
officer has under the other jurisdiction's vehicle or driver licensing laws
other than a power to which section 57(2) applies.
Subdivision 2 Drink or drug-driving
laws
Powers that may be exercised in
Territory
(1) Subsection (3) applies if a police officer
of another participating jurisdiction has required a person in a part of the
other jurisdiction that is in a cross-border region to provide a sample of the
person's breath or oral fluid for a preliminary alcohol or drug test under the
other jurisdiction's drink or drug-driving laws.
(2) Subsection (3) applies
if:
(a) a police officer of another participating
jurisdiction suspects a person of having committed, or has alleged that a person
has committed, a drink or drug-driving offence under the law of the other
jurisdiction; and
(b) the person has a connection with a cross-border
region.
(3) Subject to section 60, a police officer of
the other jurisdiction may exercise in the Territory any of the powers the
police officer has under the other jurisdiction's drink or drug-driving laws in
relation to the person.
Preliminary alcohol or drug test cannot be
conducted in Territory
Section 59 does not authorise a police officer
of another participating jurisdiction to require a person in the Territory to
provide a sample of breath or oral fluid for a preliminary alcohol or drug test
under the other jurisdiction's drink or drugdriving laws.
Subdivision 3 Vehicle impounding
laws
(1) A police officer or another office holder of
another participating jurisdiction may exercise in relation to a vehicle in the
Territory any of the powers the police officer or office holder has under the
other jurisdiction's vehicle impounding laws in relation to a vehicle
if:
(a) the person connected with the vehicle has a
connection with a cross-border region; and
(b) if the exercise of the power is for giving
effect to a court order – the order was made by a prescribed court of
the other jurisdiction.
(2) In this section:
person, connected with a vehicle,
means the person who:
(a) is suspected of having committed;
or
(b) is alleged to have committed;
or
(c) has been found guilty of;
the offence for which the vehicle may or is required
to be impounded or confiscated.
Subdivision 4 Miscellaneous
matters
Law of Territory does not
apply
The law of the Territory does not apply in relation
to the powers in relation to which this Division applies.
Relationship with
Division 1
The powers that a police officer of another
participating jurisdiction is authorised under this Division to exercise in the
Territory are in addition to, and do not exclude or limit, any of the powers the
police officer is authorised under Division 1 to exercise in the
Territory.
Division 3 Restraining orders
laws
Definition
In this Division:
WA police order means an order made by
a police officer of Western Australia under the State's restraining orders
laws.
(1) A police officer of Western Australia may make
a WA police order in the Territory if the person against whom the order is
sought or proposed to be made has a connection with a cross-border
region.
(2) The law of the Territory does not apply in
relation to the making of the order.
Note for section
For deciding whether or not the person against
whom the WA police order is sought or proposed to be made has a connection with
a cross-border region, section and Part 2, Division 4,
apply.
Enforcement of WA police
orders
(1) This section applies if:
(a) a person in the Territory is a person against
whom a WA police order is in force; and
(b) the person against whom, or for whose benefit,
the order is made ordinarily resides in a cross-border region.
(2) A police officer of Western Australia may
exercise the police officer's powers in relation to the person against whom the
order is made.
(3) The law of the Territory does not apply in
relation to the powers.
Part 5 Prescribed courts of Territory
exercising cross-border jurisdiction
Division 1 Preliminary
matters
Operation of courts outside Territory not
limited
This Part does not limit, and applies subject to,
the following:
(a) section 60A of the Justices
Act;
(b) section 48 of the Youth Justice Act;
(c) section 5A of the Local Court Act;
(d) section 9 of the Alcohol Court
Act.
Division 2 Jurisdiction and powers of
courts
Proceedings that may be heard in another
participating jurisdiction
(1) A prescribed court of the Territory may hear
and determine a proceeding mentioned in subsection (2) in another
participating jurisdiction if the person who is the subject of the proceeding
has a connection with a cross-border region for the proceeding.
(2) Any of the following proceedings of a
prescribed court of the Territory may be heard and determined in another
participating jurisdiction under subsection (1):
(a) in the Court of Summary Jurisdiction under the
Justices Act;
(b) under the Alcohol Court
Act;
(c) under the Bail Act;
(d) under the Sentencing
Act;
(e) under the Youth Justice
Act;
(f) under the Domestic and Family Violence
Act;
(g) under the Traffic Act in relation to any
of the following:
(i) the imposition or removal of a disqualification
from holding or obtaining a driver's licence;
(ii) the impounding or forfeiture of a
vehicle;
(iii) the sale or disposal of an impounded or
forfeited vehicle;
(h) prescribed by regulation.
(3) To avoid doubt, a prescribed court of the
Territory can only hear and determine in another participating jurisdiction a
proceeding that the court can hear and determine in the
Territory.
Examples for section
1 A person is charged with an offence under NT
law alleged to have been committed in the NT portion of the NT/SA/WA region. The
charge may be heard by an NT magistrate sitting anywhere in the NT, SA or
WA.
2 A person who ordinarily resides in the NT/SA
region is charged with an offence under NT law alleged to have been committed in
a place in the NT outside the cross-border region. The charge may be heard by an
NT magistrate sitting anywhere in the NT or SA but not in
WA.
3 A person is arrested in the NT/SA/WA region for
an offence under NT law alleged to have been committed in a place in the NT
outside the cross-border region (the NT/SA/WA charge). The person also
has an outstanding charge for an offence under NT law alleged to have been
committed in the NT portion of the NT/WA region (the NT/WA charge). The
NT/SA/WA charge may be heard by an NT magistrate sitting anywhere in the NT, SA
or WA. The NT/WA charge may be heard by an NT magistrate sitting anywhere
in the NT or WA. It may also be heard by an NT magistrate sitting anywhere in
SA, but only if it is heard with the NT/SA/WA charge.
Exercise of jurisdiction and
powers
(1) A prescribed court of the Territory
may:
(a) exercise its cross-border jurisdiction in the
Territory or another participating jurisdiction; and
(b) for that purpose, have registries in and sit in
another participating jurisdiction.
(2) For exercising its cross-border jurisdiction, a
prescribed court of the Territory may exercise in another participating
jurisdiction any of the powers the court may exercise in the Territory,
including powers in relation to the following:
(a) compelling witnesses;
(b) administering oaths;
(c) punishing for contempt;
(d) issuing warrants, summonses and other
process.
(3) For subsection (2), the powers of a prescribed
court of the Territory include the powers of the court that may be exercised by
a magistrate or registrar of the court.
(4) To avoid doubt, a prescribed court of the
Territory may exercise in another participating jurisdiction its cross-border
jurisdiction in relation to a cross-border proceeding whether or not the
proceeding is heard and determined in the other jurisdiction.
The practice and procedure of a prescribed court of
the Territory apply (with any appropriate modifications) when the court is
exercising its cross-border jurisdiction.
The rules of evidence applied by a prescribed court
of the Territory apply (with any appropriate modifications) when the court is
exercising its cross-border jurisdiction.
Offence to fail to comply with order,
judgment, warrant or summons
(1) Subsection (2) applies
if:
(a) in the exercise of its cross-border
jurisdiction, a prescribed court of the Territory issues an order, judgment,
warrant or summons; and
(b) a person in another participating jurisdiction
fails to comply with the order, judgment, warrant or summons;
and
(c) the failure would, if it were to occur in the
Territory, constitute an offence under the law of the
Territory.
(2) The person commits an offence under this Act
punishable by the same penalty as is prescribed for the offence mentioned in
subsection (1)(c).
(3) If the offence mentioned in
subsection (1)(c) is an indictable offence, the offence under
subsection (2) is also an indictable offence.
Division 3 Miscellaneous matters relating to
cross-border
proceedings
Legal practitioners of another participating
jurisdiction entitled to appear etc.
(1) A person who is entitled to engage in legal
practice under the law of another participating jurisdiction is
entitled:
(a) to appear for a person in a cross-border
proceeding of a prescribed court of the Territory; and
(b) to provide advice and other services to a person
in relation to such a proceeding;
if the person who is the subject of the proceeding
has a connection with a cross-border region that is partly in the other
jurisdiction for the proceeding.
(2) A person who is authorised under section 48 of
the Aboriginal Affairs Planning Authority Act 1972 (WA) is entitled to
appear for a person of Aboriginal descent, as defined in section 4 of that Act,
in a cross-border proceeding of a prescribed court of the Territory if the
person who is the subject of the proceeding has a connection with a cross-border
region that is partly in Western Australia for the proceeding.
Court documents may be filed, served or issued
in another participating jurisdiction
A court document of a prescribed court of the
Territory may be filed, served or issued in another participating
jurisdiction.
Court documents in wrong form do not
invalidate proceedings or decisions
(1) This section applies if:
(a) a document filed, served or issued in a
cross-border proceeding of a prescribed court of the Territory (the
Territory court) is in the form of a court document of a
prescribed court of another participating jurisdiction (the interstate
court); and
(b) the person who is the subject of the proceeding
has a connection with a cross-border region that is partly in the other
jurisdiction for the proceeding.
(2) The proceeding or a decision in the proceeding
cannot be challenged, appealed against, quashed or called into question on the
ground that the document is in the form of a court document of the interstate
court.
(3) The Territory court may, on an application made
by a party to the proceeding or on its own initiative, order that a document in
the form of a court document of the Territory court be filed, served or issued
(as the case requires) instead of the document mentioned in
subsection (1)(a).
(4) A document filed, served or issued under
subsection (3) is taken to have been filed, served or issued on the day,
and at the time, the document mentioned in subsection (1)(a) was filed,
served or issued.
Application of Court Security
Act
The Court Security Act does not apply in
relation to any premises or other place in another participating jurisdiction
used for a cross-border proceeding of a prescribed court of the
Territory.
Except to the extent this Act provides differently,
the law of the Territory applies (with any appropriate modifications) in
relation to the exercise by a prescribed court of the Territory of its
crossborder jurisdiction.
Division 4 Registration of interstate
restraining orders
Part 2, Divisions 2 and 4 do not
apply
Part 2, Divisions 2 and 4, do not apply in relation
to a power in relation to which this Division applies.
In this Division:
register means to register under
Chapter 3 of the Domestic and Family Violence Act.
SA restraining order means a
restraining order of South Australia.
WA restraining order means a
restraining order of Western Australia.
Registration of SA restraining orders under NT
law
A registrar of the Court of Summary Jurisdiction may
register an SA restraining order in another participating jurisdiction
if:
(a) the order was made, amended or varied in a
cross-border proceeding of a prescribed court of South Australia for which the
person against whom the order was made had a connection with a cross-border
region that is partly in the other jurisdiction; or
(b) the person against whom, or for whose benefit,
the order was made ordinarily resides in the other
jurisdiction.
Examples for section
1 An SA magistrate sitting in a place in WA makes
a restraining order under SA's restraining orders laws. For the proceeding, the
person against whom the order is made had a connection with the NT/SA/WA region.
The registry at the place is a registry of the NT Court of Summary Jurisdiction.
Exercising the powers of a registrar of that Court, a registrar registers the
order under the NT's restraining orders laws.
2 An SA magistrate sitting in a place in SA makes
a restraining order under SA's restraining orders laws. The person for whose
benefit the order is made ordinarily resides in SA. The registry at the place is
a registry of the NT Court of Summary Jurisdiction. Exercising the powers of a
registrar of that NT Court, a registry officer registers the order under the
NT's restraining orders laws.
Registration of WA restraining orders under NT
law
A registrar of the Court of Summary Jurisdiction may
register a WA restraining order in another participating jurisdiction
if:
(a) the order was made, amended or varied in a
crossborder proceeding of a prescribed court of Western Australia for which the
person against whom the order was made had a connection with a cross-border
region that is partly in the other jurisdiction; or
(b) the person against whom, or for whose benefit,
the order was made ordinarily resides in the other
jurisdiction.
Examples for section
1 A WA magistrate sitting in a place in WA makes
a restraining order under WA's restraining orders laws. For the proceeding, the
person against whom the order is made had a connection with the NT/WA region.
The registry at the place is a registry of the NT Court of Summary Jurisdiction.
Exercising the powers of a registrar of that Court, a registrar registers the
order under the NT's restraining orders laws.
2 A WA magistrate sitting in a place in WA makes
a restraining order under WA's restraining orders laws. The person for whose
benefit the order is made ordinarily resides in WA. The registry at the place is
a registry of the NT Court of Summary Jurisdiction. Exercising the powers of a
registrar of that Court, a registrar registers the order under the NT's
restraining orders laws.
Part 6 Prescribed courts of another
participating jurisdiction exercising cross-border jurisdiction
Division 1 Jurisdiction and powers of
courts
Proceedings that may be heard in
Territory
A prescribed court of another participating
jurisdiction may hear and determine a cross-border proceeding of the court in
the Territory if the person who is the subject of the proceeding has a
connection with a cross-border region for the proceeding.
Examples for section
1 A person is charged with an offence under WA
law alleged to have been committed in the WA portion of the NT/SA/WA region. The
charge may be heard by a WA magistrate sitting anywhere in the
NT.
2 A person who ordinarily resides in the NT/SA
region is charged with an offence under SA law alleged to have been committed in
a place in SA outside the cross-border region. The charge may be heard by an SA
magistrate sitting anywhere in the NT.
3 A person is arrested in the NT/SA/WA region for
an offence alleged to have been committed under WA law in a place in WA outside
the cross-border region. The person also has an outstanding charge for an
offence under WA law alleged to have been committed in the WA portion of the
NT/WA region. Both charges may be heard by a WA magistrate sitting anywhere in
the NT.
Exercise of jurisdiction and
powers
(1) A prescribed court of another participating
jurisdiction may:
(a) exercise its cross-border jurisdiction in the
Territory; and
(b) for that purpose, have registries in and sit in
the Territory.
(2) For exercising its cross-border jurisdiction, a
prescribed court of another participating jurisdiction may exercise in the
Territory any of the powers the court may exercise in the other jurisdiction,
including powers in relation to the following:
(a) compelling witnesses;
(b) administering oaths;
(c) punishing for contempt;
(d) issuing warrants, summonses and other
process.
(3) For subsection (2), the powers of a
prescribed court of another participating jurisdiction include the powers of the
court that may be exercised by a magistrate or registrar of the
court.
(4) To avoid doubt, a prescribed court of another
participating jurisdiction may exercise in the Territory its crossborder
jurisdiction in relation to a crossborder proceeding whether or not the
proceeding is heard and determined in the Territory.
Division 2 Miscellaneous matters relating to
cross-border
proceedings
Trial of person in Territory by prescribed
court of participating jurisdiction
Despite another law of the Territory, a person may
be tried and punished in the Territory for an offence under the law of another
participating jurisdiction by a prescribed court of the other jurisdiction in a
cross-border proceeding of that court.
Privileges, protection and immunity of
participants in proceedings
(1) A magistrate of a prescribed court of another
participating jurisdiction:
(a) hearing or determining in the Territory a
cross-border proceeding of the other jurisdiction; or
(b) exercising in the Territory the cross-border
jurisdiction of the court or a power of the court for that
jurisdiction;
has the same privileges, protection and immunity as
a Judge of the Supreme Court has in the performance of duties as a
Judge.
(2) A person appearing in the Territory as a legal
practitioner in a cross-border proceeding of a prescribed court of another
participating jurisdiction has the same protection and immunity as a legal
practitioner appearing in a proceeding in the Supreme Court.
(3) A person appearing in the Territory as a
witness in a cross-border proceeding of a prescribed court of another
participating jurisdiction has the same protection as a witness appearing in a
proceeding in the Supreme Court.
Court documents may be filed, served or issued
in Territory
A court document of a prescribed court of another
participating jurisdiction may be filed, served or issued in the
Territory.
Application of Court Security
Act
The Court Security Act applies in relation to
any premises or other place in the Territory used for a cross-border proceeding
of a prescribed court of another participating jurisdiction as if the premises
or place were used for a proceeding of a court of the
Territory.
Law of Territory does not
apply
Except to the extent this Act provides differently,
the law of the Territory does not apply in relation to the exercise by a
prescribed court of another participating jurisdiction of its cross-border
jurisdiction in the Territory.
Division 3 Registration of interstate
restraining orders
Part 2, Divisions 2 and 4, do not
apply
Part 2, Divisions 2 and 4, do not apply in relation
to a power in relation to which this Division applies.
Registration of NT or WA restraining orders
under SA law
(1) The Principal Registrar of the Magistrates
Court of South Australia may register an interstate restraining order in
the Territory if:
(a) the order was made, amended or varied in a
cross-border proceeding of a prescribed court of the Territory or Western
Australia for which the person against whom the order was made had a connection
with a cross-border region that is partly in South Australia;
or
(b) the person against whom, or for whose benefit,
the order was made ordinarily resides in South Australia.
(2) In this section:
interstate restraining order
means:
(a) a restraining order of the Territory;
or
(b) a restraining order of Western
Australia.
register means to register under the
restraining orders laws of South Australia.
Examples for section
1 An NT magistrate sitting in a place in the NT
makes a restraining order under the NT's restraining orders laws. For the
proceeding, the person against whom the order is made had a connection with the
NT/SA region. The registry at the place is a registry of the SA Magistrates
Court. Exercising the powers of the Principal Registrar of the SA Magistrates
Court, a registry officer registers the order under SA's restraining orders
laws.
2 A WA magistrate sitting in a place in the NT
makes a restraining order under WA's restraining orders laws. The person for
whose benefit the order is made ordinarily resides in SA. The registry at the
place is a registry of the SA Magistrates Court. Exercising the powers of the
Principal Registrar of the SA Magistrates Court, a registry officer registers
the order under SA's restraining orders laws.
Registration of NT or SA restraining orders
under WA law
(1) A registrar of the Magistrates Court of Western
Australia may register an interstate restraining order in the Territory
if:
(a) the order was made, amended or varied in a
cross-border proceeding of a prescribed court of the Territory or South
Australia for which the person against whom the order was made had a connection
with a cross-border region that is partly in Western Australia;
or
(b) the person against whom, or for whose benefit,
the order was made ordinarily resides in Western Australia.
(2) In this section:
interstate restraining order
means:
(a) a restraining order of the Territory;
or
(b) a restraining order of South
Australia.
register means to register under the
restraining orders laws of Western Australia.
Examples for section
1 An NT magistrate sitting in a place in the NT
makes a restraining order under the NT's restraining orders laws. The person for
whose benefit the order is made ordinarily resides in WA. The registry at the
place is a registry of the WA Magistrates Court. Exercising the powers of the
registrar of that Court, a registry officer registers the order under WA's
restraining orders laws.
2 An SA magistrate sitting in a place in the NT
makes a restraining order under SA's restraining orders laws. For the
proceeding, the person against whom the order is made had a connection with the
NT/SA/WA region. The registry at the place is a registry of the WA Magistrates
Court. Exercising the powers of the registrar of that Court, a registry officer
registers the order under WA's restraining orders laws.
Part 7 Bail of persons in custody under law
of Territory
Police officer of Territory may exercise
powers in another participating jurisdiction
The Bail Act applies (with any appropriate
modifications) in relation to a person in the custody of a police officer of the
Territory in another participating jurisdiction under
section 34(2)(a).
Part 8 Bail of persons in custody under law
of another participating
jurisdiction
Police officer of another participating
jurisdiction may exercise powers in Territory
(1) Subsection (2) applies if a person is in
the custody of a police officer of another participating jurisdiction in the
Territory under section 54(2)(a).
(2) A police officer of the other jurisdiction may
exercise in relation to the person any of the powers the police officer has
under the law of the other jurisdiction in relation to the bail of a person in
custody in the other jurisdiction.
(3) The Bail Act does not apply in relation
to the person.
Part 9 Mentally impaired
accused
Definitions
In this Part:
SA proceeding means:
(a) a cross-border proceeding of a prescribed court
of South Australia for which the person who is the subject of the proceeding has
a connection with a cross-border region; or
(b) an appeal from such a
proceeding.
Territory approved facility means an
approved treatment facility as defined in section 4 of the Mental Health and
Related Services Act.
Territory prison means a prison in the
Territory.
WA proceeding means:
(a) a cross-border proceeding of a prescribed court
of Western Australia for which the person who is the subject of the proceeding
has a connection with a cross-border region; or
(b) an appeal from such a
proceeding.
Persons detained or kept in custody under SA
law
(1) If:
(a) in an SA proceeding, the person who is the
subject of the proceeding is committed to detention under Part 8A of the
Criminal Law Consolidation Act 1935 (SA); and
(b) the person is required by a direction made under
section 269V of that Act to be kept in custody in a Territory approved
facility or Territory prison;
the person may be kept in custody in the facility or
prison in accordance with the direction.
(2) If, in an SA proceeding, the person who is the
subject of the proceeding is committed under section 269X of the
Criminal Law Consolidation Act 1935 (SA) to custody in a Territory
approved facility or Territory prison, the person may be kept in custody in the
facility or prison in accordance with the committal.
Persons detained or kept in custody under WA
law
(1) If, in a WA proceeding, the person who is the
subject of the proceeding is required by a hospital order made under section
5(2) of the Criminal Law (Mentally Impaired Accused) Act 1996 (WA) to
be:
(a) detained in a Territory approved facility;
or
(b) kept in custody in another place in the
Territory;
the person may be detained in the facility, or kept
in custody in the place, in accordance with the order.
(2) If:
(a) in a WA proceeding, a custody order as defined
section 3 of the Criminal Law (Mentally Impaired Accused) Act 1996 (WA)
is made for the person who is the subject of the proceeding;
and
(b) the person is required under section 24(1) or
25(2) of that Act to be detained in a Territory approved facility or another
place in the Territory;
the person may be detained in the facility or other
place in accordance with the order.
Part 10 Sentences and orders under law of
Territory
Division 1 Custodial sentences and
orders
Subdivision 1 Sentences of imprisonment or
detention
Serving sentence in Territory or another
participating jurisdiction
(1) A person who is sentenced to a term of
imprisonment or period of detention for an offence under the law of the
Territory is liable to serve the sentence in a prison or detention centre in the
Territory or another participating jurisdiction if the person has a connection
with a cross-border region.
(2) A person may be kept in custody in a prison or
detention centre of another participating jurisdiction under subsection (1)
for the period necessary to serve the sentence.
(3) While a person is kept in custody in a prison
or detention centre of another participating jurisdiction under
subsection (1), the person is taken to be serving the
sentence.
A judicial officer or registrar of the court
sentencing a person to whom section applies may issue a warrant (a
warrant of commitment) directed to all authorised officers and
ordering them to take the person to a prison or detention centre in the
Territory or another participating jurisdiction.
Remanded in custody in Territory or another
participating jurisdiction
A person who is remanded in custody for an alleged
offence under the law of the Territory may be kept in custody in a remand
facility in the Territory or another participating jurisdiction in accordance
with the order if the person has a connection with a cross-border
region.
A judicial officer or registrar of the court
remanding a person to whom section applies may issue a warrant (a
remand warrant) directed to all authorised officers and ordering
them to take the person to a remand facility in the Territory or another
participating jurisdiction.
Except to the extent this Act provides differently,
the law of the Territory applies (with any appropriate modifications) in
relation to the remand of a person in another participating jurisdiction under a
remand warrant issued under section .
Subdivision 3 Bring up orders
Bringing up prisoner or detainee in another
participating jurisdiction before judicial body of
Territory
(1) This section applies in relation to a person in
custody in a prison or detention centre in another participating jurisdiction
under the law of a participating jurisdiction.
(2) If the person is required or entitled to be
present at proceedings of a judicial body of the Territory:
(a) the judicial body or person constituting it for
the proceedings; or
(b) an officer of the judicial body authorised in
accordance with its procedures; or
(c) the person in charge of the prison or detention
centre;
may, by written order, direct the person be brought
up to the place named in the order.
(3) The order can only be made if the person has a
connection with a cross-border region that is partly in the participating
jurisdiction in which the person is in custody.
(4) If 2 or more people constitute the judicial
body for the proceedings, subsection (2)(a) applies to each of
them.
(5) In this section:
judicial body, of the Territory, means
a court, tribunal or other body or person that under the law of the Territory
has judicial or quasi judicial functions or otherwise acts judicially, and
includes a Board of Inquiry under the Inquiries Act.
proceedings, of a judicial body of the
Territory, includes anything done in the performance of the functions of the
judicial body.
Custody of person brought up from prison or
detention centre in another participating jurisdiction
If an order is made under section in relation
to a person:
(a) the person in charge of the prison or detention
centre in which the person is in custody may charge an authorised officer with
carrying out the order; and
(b) the person must:
(i) while absent from the prison or detention centre
for the purpose specified in the order, be kept in the charge of an authorised
officer; and
(ii) in due course and subject to any lawful order
to the contrary, be returned to the custody from which the person was brought up
without any prejudice to any cause or matter under the law of the Territory for
which the person was in that custody; and
(c) if the proceeding the person is required to
attend is adjourned, the person may during the adjournment:
(i) be taken to and confined in a prison or
detention centre in a participating jurisdiction or be kept at a place in a
participating jurisdiction in the charge of an authorised officer;
or
(ii) be brought up from time to time and day-to-day
to the place where the person's attendance is required.
Subdivision 4 Miscellaneous
matters
Carrying out custodial
orders
An authorised officer of a participating
jurisdiction may carry out a custodial order of the Territory in the Territory
or another participating jurisdiction.
Application of Prisons (Correctional
Services) Act
The Prisons (Correctional Services) Act does
not apply in relation to a person in custody in a prison in another
participating jurisdiction under this Part.
Application of Youth Justice
Act
The provisions of the Youth Justice Act
prescribed by regulation do not apply in relation to a person in custody in a
detention centre in another participating jurisdiction under this
Part.
Division 2 Non-custodial sentences and
orders
Carrying out non-custodial orders in another
participating jurisdiction
(1) A non-custodial order of the Territory may be
carried out (wholly or partly) in another participating jurisdiction if the
person against whom the order is made or issued has a connection with a
cross-border region.
(2) A community corrections officer or juvenile
justice officer of the Territory may exercise in another participating
jurisdiction any of the powers the officer has under the law of the Territory in
relation to a non-custodial order of the Territory if the person against whom
the order was made or issued has a connection with a cross-border
region.
(3) The law of the Territory applies (with any
appropriate modifications) in relation to the order and those
powers.
Conducting diversionary programs for young
offenders in another participating jurisdiction
(1) A police officer, juvenile justice officer or
other office holder of the Territory may exercise in another participating
jurisdiction any of the powers the office holder has under Part 3 of the
Youth Justice Act in relation to an alleged offender who has a connection
with a cross-border region.
(2) The law of the Territory applies (with any
appropriate modifications) in relation to those powers.
Part 11 Sentences and orders under law of
another participating jurisdiction
Division 1 Custodial sentences and
orders
Serving sentence of imprisonment or detention
in Territory
(1) A person who is sentenced to a term of
imprisonment or period of detention in relation to an offence under the law of
another participating jurisdiction may serve the sentence in a prison or
detention centre in the Territory if the person has a connection with a
cross-border region.
(2) A person may be kept in custody in a prison or
detention centre of the Territory under subsection (1) for the period
necessary to serve the sentence.
(3) A person being kept in custody in a prison or
detention centre under subsection (1) may be released from custody in
accordance with the law of the other jurisdiction.
Remanded in custody in
Territory
(1) A person who is remanded in custody in relation
to an alleged offence under the law of another participating jurisdiction may be
kept in custody in a remand facility in the Territory in accordance with the
order if the person has a connection with a cross-border
region.
(2) Except to the extent this Act provides
differently, the law of the Territory does not apply in relation to the remand
of a person in a remand facility of the Territory under
subsection (1).
Carrying out custodial
orders
(1) An authorised officer of a participating
jurisdiction may carry out a custodial order of another participating
jurisdiction in the Territory.
(2) An authorised officer of the Territory may
carry out a custodial order of another participating jurisdiction in another
participating jurisdiction.
Effect of bring up order if person in custody
under law of Territory
(1) This section applies in relation to a person in
custody in a prison or detention centre in a participating jurisdiction under
the law of the Territory.
(2) If the person is taken from and returned to the
prison or detention centre under a bring up order of another participating
jurisdiction, subject to any lawful order to the contrary, the person's absence
from the prison or detention centre for the purpose specified in the order does
not prejudice any cause or matter under the law of the Territory for which the
person was in that custody.
Application of Prisons (Correctional
Services) Act
The Prisons (Correctional Services) Act
applies in relation to a person in custody in a prison in the Territory under
this Division.
Application of Youth Justice
Act
The provisions of the Youth Justice Act
prescribed by regulation apply in relation to a person in custody in a detention
centre in the Territory under this Division.
Division 2 Non-custodial sentences and
orders
Carrying out non-custodial orders in
Territory
(1) A non-custodial order of another participating
jurisdiction may be carried out (wholly or partly) in the Territory if the
person against whom the order is made or issued has a connection with a
cross-border region.
(2) A community corrections officer or juvenile
justice officer of another participating jurisdiction may exercise in the
Territory any of the powers the officer has under the law of the other
jurisdiction in relation to a non-custodial order of the other jurisdiction if
the person against whom the order is made or issued has a connection with a
cross-border region.
(3) The law of the Territory does not apply in
relation to the order or those powers.
Conducting diversionary programs for young
offenders in Territory
(1) A police officer, juvenile justice officer or
other office holder of South Australia may exercise in the Territory any of the
powers the office holder has under Part 2 of the Young Offenders Act 1993
(SA) in relation to an alleged offender who has a connection with a cross-border
region.
(2) A police officer, juvenile justice officer or
other office holder of Western Australia may exercise in the Territory any of
the powers the office holder has under Part 5 the Young Offenders Act
1994 (WA) in relation to an alleged offender who has a connection with a
cross-border region.
(3) The law of the Territory does not apply in
relation to those powers.
Part 12 Enforcement of fines
Division 1 Preliminary
matters
Definitions
In this Part:
fine includes a pecuniary penalty,
pecuniary forfeiture, pecuniary compensation and fees, charges and costs payable
under a conviction or order:
(a) of a prescribed court of a participating
jurisdiction; or
(b) in an appeal from such a
proceeding.
fines Director, means the person
holding or occupying the office of Director under the Fines Enforcement
Act.
Fines Enforcement Act means the
Fines and Penalties (Recovery) Act.
fines enforcement agency, of another
participating jurisdiction, means:
(a) for South Australia – the Manager, Penalty
Management as defined in section 3(1) of the Criminal Law (Sentencing)
Act 1988 (SA); or
(b) for Western Australia – the Fines
Enforcement Registry established by section 6 of the Fines, Penalties and
Infringement Notices Enforcement Act 1994 (WA).
Fines Recovery Unit, see section 5 of
the Fines Enforcement Act.
Division 2 Fines under law of
Territory
Request to enforce fine in another
participating jurisdiction
(1) The fines Director may request the fines
enforcement agency of another participating jurisdiction (the
reciprocating agency) to enforce a fine for which an enforcement
order is registered under section 31 of the Fines Enforcement Act if the
offender on whom the fine has been imposed has a connection with a cross-border
region.
(2) The request must be in writing and accompanied
by:
(a) a certified copy of the order imposing the fine;
and
(b) a certificate signed by the fines Director
certifying the amount of the fine outstanding; and
(c) written advice about the offender's connection
with the region.
On making the request, the fines Director
must:
(a) cancel any order or unexecuted warrant in force
in relation to the fine under Part 5 of the Fines Enforcement Act;
and
(b) if the Fines Recovery Unit has requested the
Registrar of Motor Vehicles to take enforcement action in relation to the fine
– request the Registrar to cease enforcement action; and
(c) not take any action or further action to enforce
the fine under the Fines Enforcement Act unless section
applies.
Receipt of amount by fines
Director
If, after making the request, the fines Director
receives from the offender an amount in whole or part satisfaction of the fine,
the Director must notify the reciprocating agency in writing of the
payment.
Receipt of amount from reciprocating
agency
If, after making the request, the fines Director
receives from the reciprocating agency an amount in whole or part satisfaction
of the fine, the Director must apply the amount as if it had been received from
the offender in whole or part satisfaction of the fine.
Resumption of enforcement by fines
Director
After making the request, the fines Director may
take action or further action to enforce the fine under the Fines Enforcement
Act only if the fines Director:
(a) requests the reciprocating agency in writing to
cease enforcing the fine; or
(b) receives from that agency written advice that
the agency will not take any action or further action to enforce the
fine.
Division 3 Fines under law of another
participating
jurisdiction
Request to enforce fine in
Territory
(1) If the fines Director receives a request under
subsection (2) from the fines enforcement agency of another participating
jurisdiction (the reciprocating agency) to enforce a fine imposed
on an offender who has a connection with a cross-border region, the fines
Director must register the order imposing the fine.
(2) The request must be in writing and accompanied
by:
(a) a certified copy of the order imposing the fine;
and
(b) a certificate signed by or on behalf of the
reciprocating agency certifying the amount of the fine outstanding;
and
(c) written advice about the offender's connection
with the region.
(1) On registration of the order imposing a fine
under section (1), the fines Director may enforce the fine under the Fines
Enforcement Act as if an order for it were registered under section 31 of
that Act.
(2) However, the fines Director cannot issue
a warrant of commitment under Part 5, Division 10, of the Fines Enforcement Act
for enforcing the fine.
Receipt of amount by reciprocating
agency
If, after registration of the order imposing a fine
under section (1), the fines Director receives written notice from the
reciprocating agency that the offender has paid an amount in whole or part
satisfaction of the fine, the fines Director:
(a) must record the payment; and
(b) may take action or further action under the
Fines Enforcement Act to enforce only the amount of the fine
outstanding.
Receipt of amount by fines
Director
If, after registration of the order imposing a fine
under section (1), the fines Director receives an amount in whole or part
satisfaction of the fine:
(a) from the offender; or
(b) as a result of any action taken by the fines
Director to enforce the fine under the Fines Enforcement Act;
the fines Director must pay the amount received to
the reciprocating agency.
Request to cease enforcement of
fine
(1) This section applies if, after registration of
the order imposing a fine under section (1), the fines
Director:
(a) receives a written request from the
reciprocating agency to cease enforcing the fine; or
(b) advises the reciprocating agency in writing that
the fines Director will not take any action or further action to enforce the
fine.
(2) The fines Director must:
(a) cancel any order or unexecuted warrant in force
in relation to the fine under Part 5 of the Fines Enforcement Act;
and
(b) if the Fines Recovery Unit has requested the
Registrar of Motor Vehicles to take enforcement action in relation to the finer
– request the Registrar to cease enforcement action; and
(c) advise the reciprocating agency of the amount of
the fine outstanding, taking into account:
(i) an amount received from the offender in whole or
part satisfaction of the fine, including any payment recorded under
section (a); and
(ii) an amount received by the fines Director in
whole or part satisfaction of the fine as a result of any action taken by the
fines Director to enforce the fine under the Fines Enforcement Act;
and
(iii) any reduction (calculated in accordance with
the regulations) of the amount of the fine as a consequence of any action taken
by the fines Director to enforce the fine under the Fines Enforcement Act;
and
(d) pay to the reciprocating agency an amount
received by the fines Director in whole or
part satisfaction of the fine that has not already been paid under section ;
and
(e) not take any action or further action to enforce
the fine under the Fines Enforcement Act.
(3) On receiving or making a request under this
section, the order imposing the fine ceases to be registered under
section (1).
Part 13 Office holders of participating
jurisdictions
Division 1 Holding offices and exercising
powers under law of other
jurisdictions
Secondary office holders and secondary
offices
(1) A secondary office holder is an office holder
of a participating jurisdiction who holds office (whether under an appointment
or otherwise) because the office holder is an office holder of 1 of the other
participating jurisdictions.
(2) A secondary office is an office held under the
law of a participating jurisdiction by a secondary office
holder.
Example for section
SA and WA police officers who are appointed as NT
police officers under the Police Administration Act will be secondary
office holders of the NT.
Office holders of Territory may be secondary
office holders of another participating jurisdiction
An office holder of the Territory may hold a
secondary office under the law of another participating jurisdiction, and
exercise the powers of that office, for the other participating jurisdiction's
cross-border laws.
Office holders of another participating
jurisdiction may be secondary office holders of Territory
An office holder of another participating jurisdiction may hold a secondary
office under the law of the Territory, and exercise the powers of that office,
for the Territory's cross-border laws.
Terms of appointment of secondary office
holders under law of Territory
(1) This section applies in relation to an office
holder of another participating jurisdiction who holds a secondary office under
the law of the Territory for the Territory's cross-border laws.
(2) The conditions of service (including as to
remuneration) of the secondary office holder are those that the office holder is
entitled to under the law of the other jurisdiction.
(3) The secondary office holder ceases to hold the
secondary office if the office holder ceases to hold the office under the law of
the other jurisdiction.
(4) In this section:
remuneration includes salary,
allowances, fees, emoluments and benefits (whether in money or
otherwise).
Division 2 Appointment of magistrates of
another participating jurisdiction to be magistrates of
Territory
Appointment as
magistrates
The Magistrates Act applies (with any
appropriate modifications) in relation to the appointment of magistrates of
another participating jurisdiction to be magistrates under that
Act.
Part 14 Miscellaneous
matters
Reporting accidents, producing driver's
licences etc. to police stations etc.
(1) Subsections (2) and (3) apply in relation to a
requirement under the law of the Territory to do something if no other provision
of the Territory's cross-border laws authorises the thing to be done in another
participating jurisdiction.
(2) A person who is required under the Territory's
road traffic laws to do something at a police station or other place may do that
thing at a police station or other place in another participating jurisdiction
if the person has a connection with a cross-border region.
(3) A person who is required under any other law of
the Territory to do something at a police station may do that thing at a police
station in another participating jurisdiction if the person has a connection
with a cross-border region.
(4) Subsections (5) and (6) apply in relation to a requirement under the
law of another participating jurisdiction to do something if no other provision
of the Territory's cross-border laws allows the thing to be done in the
Territory.
(5) A person who is required under another
participating jurisdiction's road traffic laws to do something at a police
station or other place may do that thing at a police station or other place in
the Territory if the person has a connection with a cross-border
region.
(6) A person who is required under any other law of
another participating jurisdiction to do something at a police station may do
that thing at a police station in the Territory if the person has a connection
with a cross-border region.
(7) In this section:
road traffic laws, of a participating
jurisdiction, means:
(a) for the Territory – the Traffic
Act; or
(b) for another jurisdiction – the road
traffic laws of the jurisdiction under its cross-border laws.
Operation of Coroners Act
This Act does not affect the application of the
Coroners Act in relation to the investigation of the death of a
person.
Power of Minister to enter
agreements
(1) The Minister may make an agreement with a
Minister of another participating jurisdiction in relation to any matter that is
necessary or convenient for giving effect to this Act.
(2) Subsection (1) does not limit the power of
the Minister to enter into agreements relating to the administration of justice
in a cross-border region.
(3) In this section:
Minister, of a participating
jurisdiction, includes a person acting for a Minister of the
jurisdiction.
Inconsistency between Act and
agreement
If there is an inconsistency between this Act and an
agreement mentioned in section (1), this Act prevails to the extent of the
inconsistency.
Protection of office holders of Territory
taking action in another participating jurisdiction
An office holder of the Territory has the same
protection and immunity, and is subject to the same liability, under the law of
the Territory in relation to any action the office holder takes under the
Territory's cross-border laws in another participating jurisdiction as the
office holder would have, and be subject to, if the office holder were to take
the action in the Territory.
Protection of office holders of another
participating jurisdiction taking action in Territory
An office holder of another participating
jurisdiction has the same protection and immunity, and is subject to the same
liability, under the law of the Territory in relation to any action the office
holder takes under the other jurisdiction's cross-border laws in the Territory
as the office holder would have, and be subject to, under the law of the other
jurisdiction if the office holder were to take the action in the other
jurisdiction.
Disclosure of information to authorities in
another participating jurisdiction
(1) A person or body in the Territory who is
authorised under a law of the Territory to disclose information to another
person or body in the Territory (a Territory authority) may
disclose the information to a person or body in another participating
jurisdiction (an interstate authority) if:
(a) the interstate authority exercises powers that
correspond with the powers exercised by the Territory authority;
and
(b) the information is relevant to the
administration of the cross-border laws of the Territory or other
jurisdiction.
(2) The Chief Executive Officer may authorise the
disclosure of information about persons who are being or have been dealt with
under the Territory's cross-border laws to a person or body (whether in the
Territory or elsewhere) for use in research.
(3) The Minister may establish procedures for the
disclosure of information under this section.
Delegation by Chief Executive
Officer
(1) The Chief Executive Officer may delegate any of
the Chief Executive Officer's powers and functions under this
Act.
(2) The delegation must be in writing signed by the
Chief Executive Officer.
(3) A power or function when exercised or performed
by the delegate is taken to have been exercised or performed in accordance with
the delegation unless the contrary is shown.
The Administrator may make regulations under this
Act.
(1) The Minister must carry out a review of the
operation and effectiveness of this Act as soon as practicable after the expiry
of 3 years after the commencement of this Act.
(2) The Minister must:
(a) prepare a report on the outcome of the review;
and
(b) table a copy of the report in the Legislative
Assembly within 4 years after the commencement of this
Act.
Part 15 Consequential amendment of
laws
Division 1 Alcohol Court
Act
Act amended
This Division amends the Alcohol Court
Act.
Amendment of section 8 (Registrar of
Court)
(1) Section 8
omit
A
substitute
(1) A
(2) After section 8(1)
insert
(2) If the Court is required to perform its
functions at a place outside the Territory, the Minister may appoint as a
Registrar of the Court at the place:
(a) a person who holds office as a registrar or
deputy registrar of a court of the jurisdiction in which the place is located;
or
(b) another appropriately qualified
person.
(3) The conditions of service (including as to
remuneration) of the appointed person are those that the person is entitled to
under the law of the other jurisdiction.
(4) A person appointed under subsection (2)(a)
ceases to hold office if the person ceases to hold office as a registrar or
deputy registrar of a court of the other jurisdiction.
(5) With the approval of the Minister, a Registrar
of the Court may concurrently hold office as a registrar or deputy registrar of
a court of another jurisdiction.
(6) In this section:
remuneration includes salary,
allowances, fees, emoluments and benefits (whether in money or
otherwise).
Amendment of section 9 (Where Court may
sit)
Section 9, after "locations"
insert
(including a place outside the
Territory)
Division 2 Justices
Act
Act amended
This Division amends the Justices
Act.
Amendment of section 42 (Clerk of
Court)
(1) Section 42
omit
A
substitute
(1) A
(2) After section 42(1)
insert
(2) If the Court is required to perform its
functions at a place outside the Territory, the Minister may appoint as a clerk
of the Court at the place:
(a) a person who holds office as a registrar or
deputy registrar of a court of the jurisdiction in which the place is located;
or
(b) another appropriately qualified
person.
(3) The conditions of service (including as to
remuneration) of the appointed person are those that the person is entitled to
under the law of the other jurisdiction.
(4) A person appointed under subsection (2)(a)
ceases to hold office if the person ceases to hold office as a registrar or
deputy registrar of a court of the other jurisdiction.
(5) With the approval of the Minister, a clerk of
the Court may concurrently hold office as a registrar or deputy registrar of a
court of another jurisdiction.
(6) In this section:
remuneration includes salary,
allowances, fees, emoluments and benefits (whether in money or
otherwise).
Before section 61, in Division 3
insert
60A Where Court may
be held
(1) The Court may sit in the locations (including a
place outside the Territory) the Minister directs and in any building approved
by the Minister for the holding of the Court.
(2) The Minister must ensure the places for the
Court to sit have adequate and appropriate facilities for the Court's
proceedings.
(3) Despite subsection (1), if the Court considers
it is expedient to sit in another place, the Court may sit in the other
place.
Division 3 Local Court
Act
Act amended
This Division amends the Local Court
Act.
After section 5
insert
5A Where Court may be
held
(1) The Court may sit in the locations (including a
place outside the Territory) the Minister directs and in any building approved
by the Minister for the holding of the Court.
(2) The Minister must ensure the places for the
Court to sit have adequate and appropriate facilities for the Court's
proceedings.
(3) Despite subsection (1), if the Court considers
it is expedient to sit in another place, the Court may sit in the other
place.
Amendment of section 9
(Registrar)
After section 9(3)
insert
(4) If the Court is required to perform its
functions at a place outside the Territory, the Minister may appoint as a
Judicial Registrar, Registrar or Deputy Registrar of the Court at the
place:
(a) a person who holds office as a registrar or
deputy registrar of a court of the jurisdiction in which the place is located;
or
(b) another appropriately qualified
person.
(5) The conditions of service (including as to
remuneration) of the appointed person are those that the person is entitled to
under the law of the other jurisdiction.
(6) A person appointed under subsection (4)(a)
ceases to hold office if the person ceases to hold office as a registrar or
deputy registrar of a court of the other jurisdiction.
(7) With the approval of the Minister, a Judicial
Registrar, Registrar or Deputy Registrar of the Court may concurrently hold
office as a registrar or deputy registrar of a court of another
jurisdiction.
(8) In this section:
remuneration includes salary,
allowances, fees, emoluments and benefits (whether in money or
otherwise).
Division 4 Magistrates
Act
Act amended
This Division amends the Magistrates
Act.
Amendment of section 20 (Oath, &c., of
office)
(1) Section 20, heading
omit, substitute
20 Oath or
affirmation of office
(2) Section 20(1), after "oath"
insert
or made an affirmation
(3) Section 20(2)
omit, substitute
(2) The oath or affirmation must be taken or made
before:
(a) a Judge; or
(b) if taken or made outside the Territory – a
person authorised by the Administrator.
(4) Section 20(3)
omit
the oath
substitute
the oath or made the affirmation
(5) Section 20(3)
omit
an oath
substitute
an oath or make an affirmation
Division 5 Police Administration
Act
Act amended
The Division amends the Police Administration
Act.
Amendment of section 32 (Special Constable to
take oath or make affirmation)
After section 32(2)
insert
(3) The oath or affirmation may be taken or made
outside the Territory.
(4) If the oath or affirmation is taken or made
outside the Territory, the person administering it must send to the Commissioner
within 14 days after it is taken or made:
(a) a copy of the oath or affirmation;
and
(b) a written statement, signed by the person,
stating the person's name and authority to administer the oath or
affirmation.
(5) A failure to comply with subsection (4) does
not invalidate the appointment of a Special Constable.
Amendment of section 34E (Oath or
affirmation)
Section 34E(3) and (4)
omit
Division 6 Youth Justice
Act
Act amended
The Division amends the Youth Justice
Act.
Amendment of section 47 (Registrar of Youth
Justice Court)
(1) Section 47
omit
A
substitute
(1) A
(2) After section 47(1)
insert
(2) If the Court is required to perform its
functions at a place outside the Territory, the Minister may appoint as a
Registrar of the Court at the place:
(a) a person who holds office as a registrar or
deputy registrar of a court of the jurisdiction in which the place is located;
or
(b) another appropriately qualified
person.
(3) The conditions of service (including as to
remuneration) of the appointed person are those that the person is entitled to
under the law of the other jurisdiction.
(4) A person appointed under subsection (2)(a)
ceases to hold office if the person ceases to hold office as a registrar or
deputy registrar of a court of the other jurisdiction.
(5) With the approval of the Minister, a Registrar
of the Court may concurrently hold office as a registrar or deputy registrar of
a court of another jurisdiction.
(6) In this section:
remuneration includes salary,
allowances, fees, emoluments and benefits (whether in money or
otherwise).
Amendment of section 48 (Where Youth Justice
Court may be held)
Section 48(1), after "locations"
insert
(including a place outside the
Territory)
Division 7 Expiry of
Part
Expiry
This Part expires on the day after it
commences.
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