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CROSS-BORDER JUSTICE ACT 2009 (NO 1 OF 2009) - SECT 7 Definitions

CROSS-BORDER JUSTICE ACT 2009 (NO 1 OF 2009) - SECT 7

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 13; 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 102 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 102(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 10.

"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 cross-border proceeding of the court.

"cross-border laws", of a participating jurisdiction, see section 8.

"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 68(2) that may be heard and determined by the court in another participating jurisdiction under section 68(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 19.

"custodial order", of a participating jurisdiction, means:

    (a)     for the Territory:

        (i)     a warrant of commitment issued under section 98; or

        (ii)     a remand warrant issued under section 100; 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 10.

"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 9 and 10.

"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 10.

"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 68(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 128(2).

"secondary office holder", see section 128(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.