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CROSS-BORDER JUSTICE ACT 2009 (NO 1 OF 2009)

Table of Provisions

PART 1--INTRODUCTION

Division 1-- Preliminary matters

  • 1 Short title  
  • 2 Commencement  
  • 3 Act binds Crown  

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

Division 4--Modifications of other laws of Territory

  • 13 Appropriate modifications  
  • 14 Effect of modifications  

Division 5--Relationship between Territory's cross-border laws and other laws

Division 6--Application

PART 2--CROSS-BORDER REGIONS

Division 1--Prescribing cross-border regions

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

Division 4--Multiple cross-border regions

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

Division 3--Restraining orders laws

  • 48 Definition  
  • 49 Making of NT police orders  
  • 50 Enforcement of NT police orders  

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

Division 3--Restraining orders laws

  • 64 Definition  
  • 65 Making WA police orders  
  • 66 Enforcement of WA police orders  

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

Division 3--Miscellaneous matters relating to cross-border proceedings

Division 4--Registration of interstate restraining orders

PART 6--PRESCRIBED COURTS OF ANOTHER PARTICIPATING JURISDICTION EXERCISING CROSS-BORDER JURISDICTION

Division 1--Jurisdiction and powers of courts

  • 82 Proceedings that may be heard in Territory  
  • 83 Exercise of jurisdiction and powers  

Division 2--Miscellaneous matters relating to cross-border proceedings

Division 3--Registration of interstate restraining orders

PART 7--BAIL OF PERSONS IN CUSTODY UNDER LAW OF TERRITORY

PART 8--BAIL OF PERSONS IN CUSTODY UNDER LAW OF ANOTHER PARTICIPATING JURISDICTION

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

Division 2--Non-custodial sentences and orders

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

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

Division 2--Appointment of magistrates of another participating jurisdiction to be magistrates of Territory

PART 14--MISCELLANEOUS MATTERS

PART 15--CONSEQUENTIAL AMENDMENT OF LAWS

Division 1--Alcohol Court Act

Division 2--Justices Act

Division 3--Local Court Act

Division 4--Magistrates Act

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  

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