CROSS-BORDER JUSTICE ACT 2009 (NO 1 OF 2009)
Table of Provisions
PART 1--INTRODUCTION
Division 1-- Preliminary matters
Division 2--Object of this Act
- 4 Act gives effect to cooperative schemes
- 5 Object and achievement of Act
- 6 How this Act is to be construed
Division 3--Interpretation
- 7 Definitions
- 8 Cross-border laws
- 9 Persons who exercise powers are office holders
- 10 References to office holders
- 11 References to written laws of another participating jurisdiction
- 12 Use of notes and examples
Division 4--Modifications of other laws of Territory
Division 5--Relationship between Territory's cross-border laws and other laws
- 15 Law of another participating jurisdiction: office holders, prescribed courts, persons serving sentences
- 16 Law of another participating jurisdiction: other persons required to do things
- 17 Service and Execution of Process Act 1992 (Cth)
Division 6--Application
- 18 Offences, orders and requirements for which Territory's cross-border laws apply
PART 2--CROSS-BORDER REGIONS
Division 1--Prescribing cross-border regions
- 19 Cross-border regions to be prescribed
Division 2--Connection with cross-border region
- 20 Persons suspected of, alleged to have committed or found guilty of offences
- 21 Persons against whom orders of prescribed courts are in force
- 22 Connection for purposes of making restraining orders
- 23 Persons serving sentences or carrying out orders for offences or alleged offences
- 24 Other persons required to do things
- 25 Connections are not mutually exclusive
Division 3--Proving connection with cross-border region
- 26 Definition
- 27 Onus of proving person's whereabouts at time of arrest
- 28 Onus of proving person's residency during cross-border proceeding
Division 4--Multiple cross-border regions
- 29 Application of Division
- 30 Office holders, prescribed courts, persons serving sentences
- 31 Other persons required to do things
PART 3--POLICE OFFICERS OF TERRITORY EXERCISING POWERS IN ANOTHER PARTICIPATING JURISDICTION
Division 1--Powers generally
- 32 Arrest without warrant
- 33 Arrest under warrant
- 34 Person taken into custody
- 35 Investigation of suspected or alleged offence or breach of order
- 36 Return of person not charged to place of arrest or other place
- 37 Relationship of Part with Criminal Investigation (Extra-territorial Offences) Act
Division 2--Road traffic powers
Subdivision 1--Vehicle or driver licensing laws- 38 Powers in relation to offences
- 39 Other powers Subdivision 2--Drink or drug-driving laws
- 40 Definitions
- 41 Conduct of preliminary alcohol or drug test in cross-border region
- 42 Powers that may be exercised in another participating jurisdiction
- 43 Providing or taking sample in another participating jurisdiction
- 44 Preliminary alcohol or drug test cannot be conducted in another participating jurisdiction Subdivision 3--Vehicle impounding laws
- 45 Powers Subdivision 4--Miscellaneous matters
- 46 Law of Territory applies
- 47 Relationship with Division 1
Division 3--Restraining orders laws
Division 4--Offence
PART 4--POLICE OFFICERS OF ANOTHER PARTICIPATING JURISDICTION EXERCISING POWERS IN TERRITORY
Division 1--Powers generally
- 52 Arrest without warrant
- 53 Arrest under warrant
- 54 Person taken into custody
- 55 Investigation of suspected or alleged offence or breach of order
- 56 Relationship of this Division with laws relating to forensic examinations
Division 2--Road traffic powers
Subdivision 1--Vehicle or driver licensing laws- 57 Powers in relation to offences
- 58 Other powers Subdivision 2--Drink or drug-driving laws
- 59 Powers that may be exercised in Territory
- 60 Preliminary alcohol or drug test cannot be conducted in Territory Subdivision 3--Vehicle impounding laws
- 61 Powers Subdivision 4--Miscellaneous matters
- 62 Law of Territory does not apply
- 63 Relationship with Division 1
Division 3--Restraining orders laws
PART 5--PRESCRIBED COURTS OF TERRITORY EXERCISING CROSS-BORDER JURISDICTION
Division 1--Preliminary matters
- 67 Operation of courts outside Territory not limited
Division 2--Jurisdiction and powers of courts
- 68 Proceedings that may be heard in another participating jurisdiction
- 69 Exercise of jurisdiction and powers
- 70 Practice and procedure
- 71 Rules of evidence
- 72 Offence to fail to comply with order, judgment, warrant or summons
Division 3--Miscellaneous matters relating to cross-border proceedings
- 73 Legal practitioners of another participating jurisdiction entitled to appear etc.
- 74 Court documents may be filed, served or issued in another participating jurisdiction
- 75 Court documents in wrong form do not invalidate proceedings or decisions
- 76 Application of Court Security Act
- 77 Law of Territory applies
Division 4--Registration of interstate restraining orders
- 78 Part 2, Divisions 2 and 4 do not apply
- 79 Definitions
- 80 Registration of SA restraining orders under NT law
- 81 Registration of WA restraining orders under NT law
PART 6--PRESCRIBED COURTS OF ANOTHER PARTICIPATING JURISDICTION EXERCISING CROSS-BORDER JURISDICTION
Division 1--Jurisdiction and powers of courts
Division 2--Miscellaneous matters relating to cross-border proceedings
- 84 Trial of person in Territory by prescribed court of participating jurisdiction
- 85 Privileges, protection and immunity of participants in proceedings
- 86 Court documents may be filed, served or issued in Territory
- 87 Application of Court Security Act
- 88 Law of Territory does not apply
Division 3--Registration of interstate restraining orders
- 89 Part 2, Divisions 2 and 4, do not apply
- 90 Registration of NT or WA restraining orders under SA law
- 91 Registration of NT or SA restraining orders under WA law
PART 7--BAIL OF PERSONS IN CUSTODY UNDER LAW OF TERRITORY
- 92 Police officer of Territory may exercise powers in another participating jurisdiction
PART 8--BAIL OF PERSONS IN CUSTODY UNDER LAW OF ANOTHER PARTICIPATING JURISDICTION
- 93 Police officer of another participating jurisdiction may exercise powers in Territory
PART 9--MENTALLY IMPAIRED ACCUSED
- 94 Definitions
- 95 Persons detained or kept in custody under SA law
- 96 Persons detained or kept in custody under WA law
PART 10--SENTENCES AND ORDERS UNDER LAW OF TERRITORY
Division 1--Custodial sentences and orders
Subdivision 1--Sentences of imprisonment or detention- 97 Serving sentence in Territory or another participating jurisdiction
- 98 Warrant of commitment Subdivision 2--Remand
- 99 Remanded in custody in Territory or another participating jurisdiction
- 100 Remand warrant
- 101 Law of Territory applies Subdivision 3--Bring up orders
- 102 Bringing up prisoner or detainee in another participating jurisdiction before judicial body of Territory
- 103 Custody of person brought up from prison or detention centre in another participating jurisdiction Subdivision 4--Miscellaneous matters
- 104 Carrying out custodial orders
- 105 Application of Prisons (Correctional Services) Act
- 106 Application of Youth Justice Act
Division 2--Non-custodial sentences and orders
- 107 Carrying out non-custodial orders in another participating jurisdiction
- 108 Conducting diversionary programs for young offenders in another participating jurisdiction
PART 11--SENTENCES AND ORDERS UNDER LAW OF ANOTHER PARTICIPATING JURISDICTION
Division 1--Custodial sentences and orders
- 109 Serving sentence of imprisonment or detention in Territory
- 110 Remanded in custody in Territory
- 111 Carrying out custodial orders
- 112 Effect of bring up order if person in custody under law of Territory
- 113 Application of Prisons (Correctional Services) Act
- 114 Application of Youth Justice Act
Division 2--Non-custodial sentences and orders
- 115 Carrying out non-custodial orders in Territory
- 116 Conducting diversionary programs for young offenders in Territory
PART 12--ENFORCEMENT OF FINES
Division 1--Preliminary matters
- 117 Definitions
Division 2--Fines under law of Territory
- 118 Request to enforce fine in another participating jurisdiction
- 119 Effect of making request
- 120 Receipt of amount by fines Director
- 121 Receipt of amount from reciprocating agency
- 122 Resumption of enforcement by fines Director
Division 3--Fines under law of another participating jurisdiction
- 123 Request to enforce fine in Territory
- 124 Effect of registration
- 125 Receipt of amount by reciprocating agency
- 126 Receipt of amount by fines Director
- 127 Request to cease enforcement of fine
PART 13--OFFICE HOLDERS OF PARTICIPATING JURISDICTIONS
Division 1--Holding offices and exercising powers under law of other jurisdictions
- 128 Secondary office holders and secondary offices
- 129 Office holders of Territory may be secondary office holders of another participating jurisdiction
- 130 Office holders of another participating jurisdiction may be secondary office holders of Territory
- 131 Terms of appointment of secondary office holders under law of Territory
Division 2--Appointment of magistrates of another participating jurisdiction to be magistrates of Territory
- 132 Appointment as magistrates
PART 14--MISCELLANEOUS MATTERS
- 133 Reporting accidents, producing driver's licences etc. to police stations etc.
- 134 Operation of Coroners Act
- 135 Power of Minister to enter agreements
- 136 Inconsistency between Act and agreement
- 137 Protection of office holders of Territory taking action in another participating jurisdiction
- 138 Protection of office holders of another participating jurisdiction taking action in Territory
- 139 Disclosure of information to authorities in another participating jurisdiction
- 140 Delegation by Chief Executive Officer
- 141 Regulations
- 142 Review of Act
PART 15--CONSEQUENTIAL AMENDMENT OF LAWS
Division 1--Alcohol Court Act
- 143 Act amended
- 144 Amendment of section 8 (Registrar of Court)
- 145 Amendment of section 9 (Where Court may sit)
Division 2--Justices Act
- 146 Act amended
- 147 Amendment of section 42 (Clerk of Court)
- 148 New section 60A
Division 3--Local Court Act
Division 4--Magistrates Act
- 152 Act amended
- 153 Amendment of section 20 (Oath, &c., of office)
Division 5--Police Administration Act
- 154 Act amended
- 155 Amendment of section 32 (Special Constable to take oath or make affirmation)
- 156 Amendment of section 34E (Oath or affirmation)
Division 6--Youth Justice Act
- 157 Act amended
- 158 Amendment of section 47 (Registrar of Youth Justice Court)
- 159 Amendment of section 48 (Where Youth Justice Court may be held)
Division 7--Expiry of Part
- 160 Expiry