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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Cross-border Justice Bill 2007
CONTENTS
Part 1 -- Introduction
Division 1 -- Preliminary matters
1. Short title 2
2. Commencement 2
3. Act binds Crown 2
Division 2 -- Object of this Act
4. Act gives effect to cooperative schemes 2
5. Object of Act and how it is to be achieved 2
6. How this Act is to be construed 4
Division 3 -- Interpretation
7. Terms used in this Act 4
8. Meaning of "cross-border laws" 12
9. Persons who exercise powers are office holders 13
10. References to office holders 14
11. References to written laws of another participating
jurisdiction 14
12. Use of notes and examples 14
Division 4 -- Modifications of other laws of
State
13. Appropriate modifications 14
14. Effect of modifications 15
Division 5 -- Relationship between State's
cross-border laws and other laws
15. Law of another participating jurisdiction: office
holders, prescribed courts, persons serving
sentences 15
16. Law of another participating jurisdiction: other
persons required to do things 16
236--2 page i
Cross-border Justice Bill 2007
Contents
17. Service and Execution of Process Act 1992
(Commonwealth) 16
Division 6 -- Application
18. Offences, orders and requirements in relation to
which State's cross-border laws apply 17
Part 2 -- Cross-border regions
Division 1 -- Prescribing cross-border regions
19. Cross-border regions to be prescribed 18
Division 2 -- Connection with a cross-border
region
20. Persons suspected of, alleged to have committed or
found guilty of offences 18
21. Persons against whom orders of prescribed courts
are in force 19
22. Connection for purposes of making restraining
orders 21
23. Persons serving sentences or carrying out orders in
respect of offences or alleged offences 21
24. Other persons required to do things 22
25. Connections are not mutually exclusive 22
Division 3 -- Proving connection with a
cross-border region
26. Meaning of "proceeding" 22
27. Onus of proving person's whereabouts at time of
arrest 23
28. Onus of proving person's residency during
cross-border proceeding 23
Division 4 -- Multiple cross-border regions
29. Application of this Division 23
30. Office holders, prescribed courts, persons serving
sentences 24
31. Other persons required to do things 25
page ii
Cross-border Justice Bill 2007
Contents
Part 3 -- Police officers of State
exercising powers in another
participating jurisdiction
Division 1 -- Powers generally
32. Arrest without warrant 26
33. Arrest under warrant 26
34. Person taken into custody 27
35. Investigation of suspected or alleged offence or
breach of order 28
36. Return of person not charged to place of arrest or
other place 30
37. Relationship of this Part with Criminal
Investigation (Extra-territorial Offences) Act 1987 30
Division 2 -- Road traffic powers
Subdivision 1 -- Vehicle or driver licensing laws
38. Powers in relation to offences 30
39. Other powers 31
Subdivision 2 -- Drink or drug-driving laws
40. Terms used in this Subdivision 31
41. Conduct of preliminary alcohol or drug test in
cross-border region 31
42. Powers that may be exercised in another
participating jurisdiction 32
43. Providing or taking sample in another participating
jurisdiction 33
44. Preliminary alcohol or drug test cannot be
conducted in another participating jurisdiction 34
Subdivision 3 -- Vehicle impounding laws
45. Powers 34
Subdivision 4 -- Miscellaneous matters
46. Law of State applies 35
47. Relationship with Division 1 35
Division 3 -- Restraining orders laws
48. Meaning of "WA police order" 35
49. Making of WA police orders 35
50. Enforcement of WA police orders 36
page iii
Cross-border Justice Bill 2007
Contents
Division 4 -- Offence
51. Offence to interfere with exercise of power 36
Part 4 -- Police officers of another
participating jurisdiction
exercising powers in State
Division 1 -- Powers generally
52. Arrest without warrant 38
53. Arrest under warrant 38
54. Person taken into custody 39
55. Investigation of suspected or alleged offence or
breach of order 40
56. Relationship of this Division with Criminal
Investigation (Identifying People) Act 2002 Part 12 42
Division 2 -- Road traffic powers
Subdivision 1 -- Vehicle or driver licensing laws
57. Powers in relation to offences 42
58. Other powers 43
Subdivision 2 -- Drink or drug-driving laws
59. Powers that may be exercised in State 43
60. Preliminary alcohol or drug test cannot be
conducted in State 44
Subdivision 3 -- Vehicle impounding laws
61. Powers 44
Subdivision 4 -- Miscellaneous matters
62. Law of State does not apply 45
63. Relationship with Division 1 45
Division 3 -- Restraining orders laws
64. Meaning of "NT police order" 45
65. Making NT police orders 45
66. Enforcement of NT police orders 46
Part 5 -- Prescribed courts of State
exercising cross-border
jurisdiction
Division 1 -- Preliminary matters
67. Operation of courts outside State not limited 47
page iv
Cross-border Justice Bill 2007
Contents
Division 2 -- Jurisdiction and powers of courts
68. Proceedings that may be heard in another
participating jurisdiction 47
69. Exercise of jurisdiction and powers 49
70. Practice and procedure 49
71. Rules of evidence 49
72. Offence to fail to comply with order, judgment,
warrant or summons 50
Division 3 -- Miscellaneous matters relating to
cross-border proceedings
73. Legal practitioners of another participating
jurisdiction entitled to appear etc. 50
74. Court documents may be lodged, served or issued
in another participating jurisdiction 51
75. Court documents in wrong form do not invalidate
proceedings or decisions 51
76. Application of Court Security and Custodial
Services Act 1999 52
77. Law of State applies 52
Division 4 -- Registration of interstate
restraining orders
78. Part 2 Divisions 2 and 4 do not apply 52
79. Terms used in this Division 52
80. Registration of SA restraining orders under WA
law 52
81. Registration of NT restraining orders under WA
law 53
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 State 55
83. Exercise of jurisdiction and powers 55
Division 2 -- Miscellaneous matters relating to
cross-border proceedings
84. Exception to Criminal Code Act 1913 section 4 56
page v
Cross-border Justice Bill 2007
Contents
85. Privileges, protection and immunity of participants
in proceedings 56
86. Court documents may be lodged, served or issued
in State 57
87. Application of Court Security and Custodial
Services Act 1999 57
88. Law of State does not apply 57
Division 3 -- Registration of interstate
restraining orders
89. Part 2 Divisions 2 and 4 do not apply 58
90. Registration of WA or NT restraining orders under
SA law 58
91. Registration of WA or SA restraining orders under
NT law 59
Part 7 -- Bail of persons in custody
under law of State
92. Police officer of State may exercise powers in
another participating jurisdiction 60
93. Offence to fail to comply with bail undertaking 60
Part 8 -- Bail of persons in custody
under law of another
participating jurisdiction
94. Police officer of another participating jurisdiction
may exercise powers in State 61
Part 9 -- Mentally impaired accused
95. Terms used in this Part 62
96. Persons committed to detention or custody under
SA law 62
97. Persons detained under NT law 63
page vi
Cross-border Justice Bill 2007
Contents
Part 10 -- Sentences and orders
under law of State
Division 1 -- Custodial sentences and orders
Subdivision 1 -- Sentences of imprisonment or
detention
98. Serving sentence in State or another participating
jurisdiction 64
99. Warrant of commitment 64
Subdivision 2 -- Remand
100. Remanded in custody in State or another
participating jurisdiction 64
101. Remand warrant 65
102. Law of State applies 65
Subdivision 3 -- Bring up orders
103. Bringing prisoner or detainee in another
participating jurisdiction before judicial body of
State 65
104. Custody of person brought up from prison or
detention centre in another participating
jurisdiction 66
Subdivision 4 -- Miscellaneous matters
105. Carrying out custodial orders 67
106. Application of Court Security and Custodial
Services Act 1999 67
107. Application of Prisons Act 1981 67
108. Application of Young Offenders Act 1994 68
Division 2 -- Non-custodial sentences and
orders
109. Carrying out non-custodial orders in another
participating jurisdiction 68
110. Conducting diversionary programs for young
offenders in another participating jurisdiction 68
page vii
Cross-border Justice Bill 2007
Contents
Part 11 -- Sentences and orders
under law of another
participating jurisdiction
Division 1 -- Custodial sentences and orders
111. Serving sentence of imprisonment or detention in
State 70
112. Remanded in custody in State 70
113. Carrying out custodial orders 70
114. Effect of bring up order if person in custody under
law of State 71
115. Application of Court Security and Custodial
Services Act 1999 71
116. Application of Prisons Act 1981 71
117. Application of Young Offenders Act 1994 71
Division 2 -- Non-custodial sentences and
orders
118. Carrying out non-custodial orders in State 72
119. Conducting diversionary programs for young
offenders in State 72
Part 12 -- Enforcement of fines
Division 1 -- Preliminary matters
120. Terms used in this Part 73
Division 2 -- Fines under law of State
121. Request to enforce fine in another participating
jurisdiction 73
122. Effect of making request 74
123. Receipt of money by Fines Registrar 74
124. Receipt of money from reciprocating agency 74
125. Resumption of enforcement by Fines Registrar 75
Division 3 -- Fines under law of another
participating jurisdiction
126. Request to enforce fine in State 75
127. Effect of registration 75
128. Receipt of money by reciprocating agency 76
129. Receipt of money by Fines Registrar 76
130. Request to cease enforcement of fine 76
page viii
Cross-border Justice Bill 2007
Contents
Part 13 -- Office holders of
participating jurisdictions
Division 1 -- Holding offices and exercising
powers under law of other jurisdictions
131. Secondary office holders and secondary offices 78
132. Office holders of State may be secondary office
holders of another participating jurisdiction 78
133. Office holders of another participating jurisdiction
may be secondary office holders of State 78
134. Prohibition against holding or exercising powers of
another office not breached 79
135. Terms of appointment of secondary office holders
under law of State 79
Division 2 -- Appointment of magistrates of
another participating jurisdiction to be
magistrates of State
136. Appointment as magistrates of Magistrates Court 80
137. Appointment as magistrates of Children's Court 80
Part 14 -- Miscellaneous matters
138. Reporting accidents, producing driver's licences
etc. at police stations etc. 81
139. Application of Inspector of Custodial Services
Act 2003 82
140. Power of Minister to enter agreements 82
141. Inconsistency between Act and agreement 82
142. Protection of office holders of State taking action
in another participating jurisdiction 83
143. Protection of office holders of another participating
jurisdiction taking action in State 83
144. Disclosure of information to authorities in another
participating jurisdiction 83
145. Delegation by CEO (corrections) 84
146. Regulations 84
147. Review of this Act 84
page ix
Cross-border Justice Bill 2007
Contents
Part 15 -- Consequential
amendments to other legislation
Division 1 -- Children's Court of Western
Australia Act 1988 amended
148. The Act amended 85
149. Section 10 amended 85
150. Section 12 amended 85
151. Section 13 amended 85
152. Section 16 amended 86
153. Section 29 amended 87
Division 2 -- Magistrates Court Act 2004
amended
154. The Act amended 87
155. Section 8 amended 87
156. Section 15 amended 88
157. Section 26 amended 88
158. Schedule 1 amended 89
Defined Terms
page x
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Cross-border Justice Bill 2007
A Bill for
An Act to facilitate the administration of justice in regions straddling
the State's borders with South Australia and the Northern Territory,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Cross-border Justice Bill 2007
Part 1 Introduction
Division 1 Preliminary matters
s. 1
Part 1 -- Introduction
Division 1 -- Preliminary matters
1. Short title
This is the Cross-border Justice Act 2007.
5 2. Commencement
This Act comes into operation as follows:
(a) sections 1 and 2 -- on the day on which this Act
receives the Royal Assent;
(b) the rest of the Act -- on a day fixed by proclamation,
10 and different days may be fixed for different provisions.
3. Act binds Crown
This Act binds the State and, so far as the legislative power of
the State permits, the Crown in all its other capacities.
Division 2 -- Object of this Act
15 4. Act gives effect to cooperative schemes
This Act gives effect to one or more cooperative schemes
between the State and one or both of the other participating
jurisdictions for the purpose of facilitating the administration of
justice in one or more cross-border regions.
20 5. Object of Act and how it is to be achieved
(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 --
25 (a) police officers, magistrates and other office holders of
the State to exercise their powers under the law of the
State in another participating jurisdiction;
page 2
Cross-border Justice Bill 2007
Introduction Part 1
Object of this Act Division 2
s. 5
(b) police officers, magistrates and other office holders of
the State to hold offices and exercise powers under the
law of another participating jurisdiction;
(c) police officers, magistrates and other office holders of
5 another participating jurisdiction to exercise their
powers under the law of that other jurisdiction in the
State;
(d) police officers, magistrates and other office holders of
another participating jurisdiction to hold offices and
10 exercise powers under the law of the State;
(e) the courts of summary jurisdiction of the State to hear
and determine proceedings, and to otherwise exercise
their jurisdiction and powers under the law of the State,
in another participating jurisdiction;
15 (f) the sentences, orders and other decisions made by those
courts under the law of the State to be served, carried
out or otherwise given effect to by persons in another
participating jurisdiction;
(g) the courts of summary jurisdiction of another
20 participating jurisdiction to hear and determine
proceedings, and to otherwise exercise their jurisdiction
and powers under the law of that other jurisdiction, in
the State;
(h) the sentences, orders and other decisions made by those
25 courts under the law of that other jurisdiction to be
served, carried out or otherwise given effect to by
persons in the State;
(i) any other persons who are required under the law of the
State to do things to do those things in another
30 participating jurisdiction;
(j) any other persons who are required under the law of
another participating jurisdiction to do things to do those
things in the State.
page 3
Cross-border Justice Bill 2007
Part 1 Introduction
Division 3 Interpretation
s. 6
6. How this Act is to be construed
This Act is to be construed as enabling --
(a) office holders and courts of the State and other persons
to exercise powers they have under the law of the State
5 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 that other jurisdiction within the
10 geographical area of the State.
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 State's cross-border laws. In deciding
whether or not to deal with the person under the State's cross-border laws, an
15 office holder or prescribed court of the State will have regard to what best
facilitates the administration of justice in the region. For example, if 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, the
administration of justice in that region is likely to be facilitated if the alleged
20 offender is dealt with under the State's cross-border laws. 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, Perth.
25 Division 3 -- Interpretation
7. Terms used in this Act
(1) In this Act, unless the contrary intention appears --
"another participating jurisdiction" means --
(a) South Australia; or
30 (b) the Northern Territory;
"appropriate modifications" --
(a) of a law of the State -- has the meaning given in
section 13; or
page 4
Cross-border Justice Bill 2007
Introduction Part 1
Interpretation Division 3
s. 7
(b) of a law of another participating jurisdiction --
means appropriate modifications of that law under
that other jurisdiction's cross-border laws;
"arrest" includes to apprehend and to take into custody;
5 "authorised officer", of a participating jurisdiction, means --
(a) a police officer of the jurisdiction; or
(b) an office holder of the jurisdiction who is prescribed
by the regulations;
"bring up order", of a participating jurisdiction, means --
10 (a) if the jurisdiction is the State --
(i) an order made under the Prisons Act 1981
section 85; or
(ii) an order made under section 103; or
(iii) any other order made under the law of the
15 State directing that a person who is in custody
be brought before a judicial body as defined in
section 103(1);
or
(b) if the jurisdiction is another participating
20 jurisdiction -- a bring up order of that other
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;
"CEO (corrections)" means the holder of the office of chief
25 executive officer of the Public Sector agency principally
assisting the Minister to whom the administration of the
Sentence Administration Act 2003 Part 8 is committed in its
administration;
"community corrections officer", of a participating
30 jurisdiction, means --
(a) if the jurisdiction is the State -- a community
corrections officer as defined in the Sentence
page 5
Cross-border Justice Bill 2007
Part 1 Introduction
Division 3 Interpretation
s. 7
Administration Act 2003 section 4(2) as modified by
the regulations; or
(b) if the jurisdiction is another participating
jurisdiction -- a community corrections officer of
5 that other jurisdiction under its cross-border laws;
Note: The definition of "community corrections officer" is affected by
section 10.
"confiscation" includes forfeiture;
"connection with a cross-border region" has the meaning
10 given in Part 2 Division 2;
"court document", of a prescribed court of a participating
jurisdiction, means a document that is lodged, served or
issued in a cross-border proceeding of the court;
"cross-border jurisdiction", of a prescribed court of a
15 participating jurisdiction, means the court's jurisdiction in
relation to a cross-border proceeding of the court;
"cross-border laws", of a participating jurisdiction, has the
meaning given in section 8;
"cross-border proceeding", of a prescribed court of a
20 participating jurisdiction, means --
(a) if the court is a prescribed court of the State -- a
proceeding of the court referred to in section 68(2)
that may be heard and determined by that court in
another participating jurisdiction under section 68(1);
25 or
(b) if the court is a prescribed court of another
participating jurisdiction -- a cross-border
proceeding of that court under that other
jurisdiction's cross-border laws;
30 "cross-border region" has the meaning given in section 19;
"custodial order", of a participating jurisdiction, means --
(a) if the jurisdiction is the State --
(i) a warrant of commitment issued under
section 99; or
page 6
Cross-border Justice Bill 2007
Introduction Part 1
Interpretation Division 3
s. 7
(ii) a remand warrant issued under section 101; or
(iii) a bring up order of the State;
or
(b) if the jurisdiction is another participating
5 jurisdiction -- a custodial order of that other
jurisdiction under its cross-border laws;
"detention centre", in a participating jurisdiction, means --
(a) if the jurisdiction is the State -- a detention centre as
defined in the Young Offenders Act 1994 section 3; or
10 (b) if the jurisdiction is another participating
jurisdiction -- a detention centre in that other
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
15 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;
20 Note: The definition of "drink or drug-driving laws" 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
25 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;
30 Note: The definition of "drink or drug-driving offence" is affected by
subsection (2).
"exercise", a power, includes to perform a function or duty;
page 7
Cross-border Justice Bill 2007
Part 1 Introduction
Division 3 Interpretation
s. 7
"juvenile justice officer", of a participating jurisdiction,
means --
(a) if the jurisdiction is the State -- a juvenile justice
officer as defined in the Young Offenders Act 1994
5 section 3 as modified by the regulations; or
(b) if the jurisdiction is another participating
jurisdiction -- a juvenile justice officer of that other
jurisdiction under its cross-border laws;
Note: The definition of "juvenile justice officer" is affected by section 10.
10 "lodge", a document, includes to file a document;
"magistrate", of a participating jurisdiction, means --
(a) if the jurisdiction is the State -- a magistrate of a
prescribed court of the State; or
(b) if the jurisdiction is another participating
15 jurisdiction -- a magistrate of that other jurisdiction
under its cross-border laws;
Note: The definition of "magistrate" is affected by section 10.
"non-custodial order", of a participating jurisdiction, means --
(a) if the jurisdiction is the State --
20 (i) a sentence imposed on, or an order made
against, a person in respect of an offence or
alleged offence under the law of the State,
other than a sentence or order requiring the
person to be kept in custody or to pay a fine;
25 or
(ii) an early release order as defined in the
Sentence Administration Act 2003
section 4(2); or
(iii) an order to attend for work and development
30 issued under the Fines, Penalties and
Infringement Notices Enforcement Act 1994
section 47 or 47A; or
page 8
Cross-border Justice Bill 2007
Introduction Part 1
Interpretation Division 3
s. 7
(iv) a work and development order made under
section 48 of that Act;
or
(b) if the jurisdiction is another participating
5 jurisdiction -- a non-custodial order of that other
jurisdiction under its cross-border laws;
"office holder", of participating jurisdiction, means --
(a) if the jurisdiction is the State -- a person who holds
an office under the law of the State; or
10 (b) if the jurisdiction is another participating
jurisdiction -- a person who holds an office under the
law of that other jurisdiction;
Note: The definition of "office holder" is affected by sections 9 and 10.
"participating jurisdiction" means --
15 (a) the State; or
(b) another participating jurisdiction;
"police officer", of a participating jurisdiction, means --
(a) if the jurisdiction is the State --
(i) a person who holds office under the Police
20 Act 1892 Part I as a member of the Police
Force of Western Australia; or
(ii) a person who holds office under the Police
Act 1892 Part III as a special constable; or
(iii) a person who holds office under the Police
25 Act 1892 Part IIIA as an Aboriginal police
liaison officer;
or
(b) if the jurisdiction is another participating
jurisdiction -- a police officer of that other
30 jurisdiction under its cross-border laws;
Note: The definition of "police officer" is affected by section 10.
"power" includes a function and a duty;
page 9
Cross-border Justice Bill 2007
Part 1 Introduction
Division 3 Interpretation
s. 7
"preliminary alcohol or drug test", under a participating
jurisdiction's drink or drug-driving laws, means a test that
may be conducted under those laws for the purpose of
providing a preliminary indication of whether or not
5 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) if the jurisdiction is the State --
(i) the Magistrates Court; or
10 (ii) the Children's Court other than when
constituted by or so as to include a judge;
or
(b) if the jurisdiction is another participating
jurisdiction -- a prescribed court of that other
15 jurisdiction under its cross-border laws;
"prison", in a participating jurisdiction, means --
(a) if the jurisdiction is the State -- a prison as defined in
the Prisons Act 1981 section 3(1); or
(b) if the jurisdiction is another participating
20 jurisdiction -- a prison in that other jurisdiction
under its cross-border laws;
"registrar", of a prescribed court of a participating jurisdiction,
means --
(a) if the court is a prescribed court of the State -- a
25 person who holds office as a registrar or deputy
registrar of the court; or
(b) if the court is a prescribed court of another
participating jurisdiction -- a registrar of that court
under that other jurisdiction's cross-border laws;
30 "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;
page 10
Cross-border Justice Bill 2007
Introduction Part 1
Interpretation Division 3
s. 7
"restraining order", of a participating jurisdiction, means --
(a) if the jurisdiction is the State -- a restraining order or
police order as respectively defined in the
Restraining Orders Act 1997 section 3; or
5 (b) if the jurisdiction is another participating
jurisdiction -- a restraining order of that other
jurisdiction under its cross-border laws;
"restraining orders laws", of a participating jurisdiction,
means --
10 (a) if the jurisdiction is the State -- the Restraining
Orders Act 1997; or
(b) if the jurisdiction is another participating
jurisdiction -- the restraining orders laws of that
other jurisdiction under its cross-border laws;
15 "secondary office" has the meaning given in section 131(2);
"secondary office holder" has the meaning given in
section 131(1);
"subsidiary legislation", of a participating jurisdiction,
means --
20 (a) if the jurisdiction is the State -- subsidiary legislation
as defined in the Interpretation Act 1984 section 5; or
(b) if the jurisdiction is another participating
jurisdiction -- an instrument made under any written
law of that other jurisdiction and having legislative
25 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 confiscation of vehicles used in
30 connection with driving offences under the law of the
jurisdiction;
page 11
Cross-border Justice Bill 2007
Part 1 Introduction
Division 3 Interpretation
s. 8
"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 --
5 (a) if the jurisdiction is the State -- a written law as
defined in the Interpretation Act 1984 section 5; or
(b) if the jurisdiction is another participating
jurisdiction --
(i) an Act of that other jurisdiction for the time
10 being in force; or
(ii) any subsidiary legislation of that other
jurisdiction for the time being in force.
(2) In paragraph (b) of the definitions of "drink or drug-driving
laws" and "drink or drug-driving offence", the reference to the
15 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.
8. Meaning of "cross-border laws"
(1) The following laws are the State's cross-border laws --
20 (a) this Act;
(b) any other written law of the State that makes express
provision in order to give effect to this Act;
(c) any other law of the State with any appropriate
modifications;
25 (d) any other law of the State to the extent its application is
necessary to give effect to a law referred to in
paragraph (a), (b) or (c).
(2) The following laws are South Australia's cross-border laws --
(a) the Cross-border Justice Act 2007 (South Australia);
30 (b) any subsidiary legislation made under that Act;
page 12
Cross-border Justice Bill 2007
Introduction Part 1
Interpretation Division 3
s. 9
(c) any other written law of South Australia that makes
express provision in order to give effect to that Act;
(d) any other law of South Australia with any appropriate
modifications;
5 (e) any other law of South Australia to the extent its
application is necessary to give effect to a law referred
to in paragraph (a), (b), (c) or (d).
(3) The following laws are the Northern Territory's cross-border
laws --
10 (a) the Cross-border Justice Act (Northern Territory);
(b) any subsidiary legislation made under that Act;
(c) any other written law of the Northern Territory that
makes express provision in order to give effect to
that Act;
15 (d) any other law of the Northern Territory with any
appropriate modifications;
(e) any other law of the Northern Territory to the extent its
application is necessary to give effect to a law referred
to in paragraph (a), (b), (c) or (d).
20 9. Persons who exercise powers are office holders
For the purposes of the State'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 that law.
Examples for section 9:
25 1. Under the Court Security and Custodial Services Act 1999, a
contractor may exercise powers to fulfil a contract for the provision of
court security or custodial services. The contractor is taken to be, but is
not appointed as, an officer of the court.
2. Under the Young Offenders Act 1994, an officer of the Department of
30 Corrective Services may exercise powers in relation to young
offenders. The officer's local designation is, but the officer does not
hold the office of, juvenile justice officer.
3. Under section 105, an authorised officer of SA or the NT may carry out
a custodial order of the State but is not appointed as an authorised
35 officer of the State.
page 13
Cross-border Justice Bill 2007
Part 1 Introduction
Division 4 Modifications of other laws of State
s. 10
10. 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
5 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 read as a reference
to an office holder of that other jurisdiction who for the time
10 being has the powers of that office.
11. References to written laws of another participating
jurisdiction
(1) In this section --
"amended" --
15 (a) means replaced, substituted (in whole or in part),
added to or varied; and
(b) includes any 2 or more of those things done
simultaneously or by the same written law.
(2) A reference in this Act to a written law of another participating
20 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.
12. Use of notes and examples
A note or example set out at the foot of a provision of this Act is
25 provided to assist understanding and does not form part of
this Act.
Division 4 -- Modifications of other laws of State
13. Appropriate modifications
Appropriate modifications of a law of the State are --
30 (a) any modifications of the law that are prescribed by the
regulations; and
page 14
Cross-border Justice Bill 2007
Introduction Part 1
Relationship between State's cross-border laws and other laws Division 5
s. 14
(b) any other modifications of the law that are necessary or
convenient to give effect to this Act.
14. Effect of modifications
In order to give effect to this Act, a law of the State must be
5 applied with any appropriate modifications as if the law had
been altered in that way.
Division 5 -- Relationship between State's cross-border laws
and other laws
15. Law of another participating jurisdiction: office holders,
10 prescribed courts, persons serving sentences
(1) The State's cross-border laws do not authorise an office holder
of the State to exercise a power in another participating
jurisdiction unless the law of that other jurisdiction allows the
office holder to exercise the power in that other jurisdiction.
15 (2) The State's cross-border laws do not allow an office holder of
another participating jurisdiction to exercise a power in the State
unless the law of that other jurisdiction authorises the office
holder to exercise the power in the State.
(3) The State's cross-border laws do not authorise a prescribed
20 court of the State to hear and determine a proceeding, or to
otherwise exercise its jurisdiction or a power, in another
participating jurisdiction unless the law of that other jurisdiction
allows the court to hear and determine the proceeding, or to
exercise that jurisdiction or power, in that other jurisdiction.
25 (4) The State'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 State unless the law of that other jurisdiction authorises
the court to hear and determine the proceeding, or to exercise
30 that jurisdiction or power, in the State.
page 15
Cross-border Justice Bill 2007
Part 1 Introduction
Division 5 Relationship between State's cross-border laws and other laws
s. 16
(5) The State's cross-border laws do not authorise a sentence
imposed on, or an order made or issued against, a person in
respect of an offence or alleged offence under the law of the
State to be served or carried out in another participating
5 jurisdiction unless the law of that other jurisdiction allows the
sentence or order to be served or carried out in that other
jurisdiction.
(6) The State's cross-border laws do not allow a sentence imposed
on, or an order made or issued against, a person in respect of an
10 offence or alleged offence under the law of another participating
jurisdiction to be served or carried out in the State unless the
law of that other jurisdiction authorises the sentence or order to
be served or carried out in the State.
16. Law of another participating jurisdiction: other persons
15 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 15
applies.
(2) The State's cross-border laws do not authorise a person who is
20 required under the law of the State to do something to do that
thing in another participating jurisdiction unless the law of that
other jurisdiction allows the person to do the thing in that other
jurisdiction.
(3) The State's cross-border laws do not allow a person who is
25 required under the law of another participating jurisdiction to do
something to do that thing in the State unless the law of that
other jurisdiction authorises the person to do the thing in the
State.
17. Service and Execution of Process Act 1992 (Commonwealth)
30 The State's cross-border laws are intended to provide alternative
procedures to those under the Service and Execution of Process
page 16
Cross-border Justice Bill 2007
Introduction Part 1
Application Division 6
s. 18
Act 1992 (Commonwealth) and do not purport to exclude or
limit the operation of that Act.
Note for section 17:
If the Service and Execution of Process Act 1992 (Commonwealth) provides
5 that it does not apply to a matter covered by the State's cross-border laws, an
office holder or prescribed court of the State will proceed under those laws
instead of under that Act.
Division 6 -- Application
18. Offences, orders and requirements in relation to which
10 State's cross-border laws apply
(1) The State'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
15 this Act.
(2) The State'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 State's cross-border laws apply in relation to a requirement
20 to do something under the law of a participating jurisdiction
whether the requirement arose before or after the
commencement of this Act.
page 17
Cross-border Justice Bill 2007
Part 2 Cross-border regions
Division 1 Prescribing cross-border regions
s. 19
Part 2 -- Cross-border regions
Division 1 -- Prescribing cross-border regions
19. Cross-border regions to be prescribed
A cross-border region is a region that --
5 (a) straddles the border between the State and one or both of
the other participating jurisdictions; and
(b) is prescribed by the regulations to be a cross-border
region.
Division 2 -- Connection with a cross-border region
10 20. 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
15 (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 --
20 (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
25 (ii) the person ordinarily resides or resided in the
region;
or
page 18
Cross-border Justice Bill 2007
Cross-border regions Part 2
Connection with a cross-border region Division 2
s. 21
(c) at the time at which 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.
5 (3) For the purposes of a proceeding of a prescribed court of a
participating jurisdiction in respect of the offence, the person
also has a connection with a cross-border region if --
(a) at the time at which the proceeding is heard, the person
ordinarily resides in the region; or
10 (b) the proceeding is heard with another proceeding of the
court that is a cross-border proceeding for the purposes
of which the person has a connection with the region.
Note for section 20:
For the purpose of deciding whether or not a person has committed an
15 offence under the law of a participating jurisdiction --
(a) if the jurisdiction is the State -- The Criminal Code section 12 applies;
or
(b) if the jurisdiction is South Australia -- the Criminal Law Consolidation
Act 1935 (South Australia) section 5G applies; or
20 (c) if the jurisdiction is the Northern Territory -- the Criminal Code
(Northern Territory) section 15 applies.
21. Persons against whom orders of prescribed courts are in
force
(1) This section applies to a person against whom an order made by
25 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.
30 (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
page 19
Cross-border Justice Bill 2007
Part 2 Cross-border regions
Division 2 Connection with a cross-border region
s. 21
(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;
5 or
(c) at the time at which 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) at the time at which the order or a previous amendment
10 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 proceeding of the court that
15 was a cross-border proceeding for the purposes of which
the person had a connection with the region.
(4) For the purposes of a proceeding of the court in respect of the
breach, the person also has a connection with a cross-border
region if --
20 (a) at the time at which the proceeding is heard, the person
ordinarily resides in the region; or
(b) the proceeding is heard with another proceeding of the
court that is a cross-border proceeding for the purposes
of which the person has a connection with the region.
25 (5) The person has a connection with a cross-border region for the
purposes of a proceeding of the court for the amendment,
variation or revocation of the order if --
(a) at the time at which the order or a previous amendment
or variation of the order was made, the person ordinarily
30 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 proceeding of the court that was a
page 20
Cross-border Justice Bill 2007
Cross-border regions Part 2
Connection with a cross-border region Division 2
s. 22
cross-border proceeding for the purposes of which the
person had a connection with the region; or
(c) at the time at which the proceeding is heard, the person
ordinarily resides in the region; or
5 (d) the proceeding is heard with another proceeding of the
court that is a cross-border proceeding for the purposes
of which the person has a connection with the region.
22. Connection for purposes of making restraining orders
(1) This section applies to a person against whom a restraining
10 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 the purposes of a proceeding in a prescribed court
of the jurisdiction for the making of the order, if --
15 (a) that 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.
23. Persons serving sentences or carrying out orders in respect
of offences or alleged offences
20 (1) This section applies to a person on whom a sentence is imposed,
or against whom an order is made or issued, in respect of an
offence or alleged offence under the law of a participating
jurisdiction.
(2) The person has a connection with a cross-border region if --
25 (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 the purposes
of which the person had a connection with the
30 region; or
(ii) an appeal from such a proceeding;
or
page 21
Cross-border Justice Bill 2007
Part 2 Cross-border regions
Division 3 Proving connection with a cross-border region
s. 24
(b) if the order was made or issued for the purpose of
enforcing a fine -- the fine was imposed in a proceeding
or appeal referred to in paragraph (a); or
(c) the person ordinarily resides in the region.
5 24. Other persons required to do things
(1) This section applies to a person if sections 20 to 23 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
10 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.
15 25. 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.
20 Division 3 -- Proving connection with a cross-border region
26. Meaning of "proceeding"
In this Division --
"proceeding" means --
(a) a cross-border proceeding of a prescribed court of the
25 State; or
(b) a proceeding before a court of the State that relates to
an action taken or purportedly taken under this Act
by an office holder of a participating jurisdiction.
page 22
Cross-border Justice Bill 2007
Cross-border regions Part 2
Multiple cross-border regions Division 4
s. 27
27. 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 that the person
5 was not in the region at that 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
that the person did not ordinarily reside in the region at that
10 time.
28. 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 --
15 (a) if it is 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) if it is another proceeding -- whether the person who is
20 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 that the person does not or did not ordinarily reside
25 in the region at that time.
Division 4 -- Multiple cross-border regions
29. Application of this Division
(1) This Division applies if there are 2 or more cross-border regions
of which --
30 (a) one is partly in all 3 participating jurisdictions; and
page 23
Cross-border Justice Bill 2007
Part 2 Cross-border regions
Division 4 Multiple cross-border regions
s. 30
(b) the other or others are partly in only 2 of the
3 participating jurisdictions.
30. Office holders, prescribed courts, persons serving sentences
(1) The State's cross-border laws do not authorise an office holder
5 of the State to exercise a power under the law of the State 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 that other jurisdiction.
(2) The State's cross-border laws do not allow an office holder of
10 another participating jurisdiction to exercise a power under the
law of that other jurisdiction in the State 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 that other jurisdiction.
(3) The State's cross-border laws do not authorise a prescribed
15 court of the State 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
20 partly in that other jurisdiction for the purposes of that
proceeding.
(4) The State'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,
25 in the State 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 that other jurisdiction for the purposes of that proceeding.
(5) The State's cross-border laws do not authorise a sentence
30 imposed on, or an order made or issued against, a person in
respect of an offence or alleged offence under the law of the
State to be served or carried out in another participating
page 24
Cross-border Justice Bill 2007
Cross-border regions Part 2
Multiple cross-border regions Division 4
s. 31
jurisdiction unless the person has a connection with a
cross-border region that is partly in that other jurisdiction.
(6) The State's cross-border laws do not allow a sentence imposed
on, or an order made or issued against, a person in respect of an
5 offence or alleged offence under the law of another participating
jurisdiction to be served or carried out in the State unless the
person has a connection with a cross-border region that is partly
in that other jurisdiction.
31. Other persons required to do things
10 (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 State's cross-border laws do not authorise a person who is
required under the law of the State to do something to do that
15 thing in another participating jurisdiction unless the person has a
connection with a cross-border region that is partly in that other
jurisdiction.
(3) The State's cross-border laws do not allow a person who is
required under the law of another participating jurisdiction to do
20 something to do that thing in the State unless the person has a
connection with a cross-border region that is partly in that other
jurisdiction.
Notes for Division 4:
1. The examples in this Act assume the following 3 regions:
25 (a) a region straddling the State's borders with South Australia and
the Northern Territory (the "WA/SA/NT region");
(b) a region straddling the State's border with South Australia (the
"WA/SA region");
(c) a region straddling the State's border with the Northern Territory
30 (the "WA/NT region").
2. A person may have a connection with more than one cross-border
region. An office holder or prescribed court of the State may deal with
the person under the State's cross border laws on the basis of the
person's connection with one or another of those regions, having
35 regard to what best facilitates the administration of justice in those
regions.
page 25
Cross-border Justice Bill 2007
Part 3 Police officers of State exercising powers in another
participating jurisdiction
Division 1 Powers generally
s. 32
Part 3 -- Police officers of State exercising powers in
another participating jurisdiction
Division 1 -- Powers generally
32. Arrest without warrant
5 (1) A police officer of the State may arrest a person in another
participating jurisdiction without a warrant if --
(a) under the law of the State, the police officer would have
been able to arrest the person in the State without a
warrant; and
10 (b) the person has a connection with a cross-border region.
(2) The law of the State applies (with any appropriate
modifications) in relation to the arrest.
33. Arrest under warrant
(1) A police officer of the State may arrest a person in another
15 participating jurisdiction under a warrant if --
(a) under the law of the State, the police officer would have
been able to arrest the person in the State under a
warrant; and
(b) the person has a connection with a cross-border region.
20 (2) A magistrate of the State --
(a) may issue in another participating jurisdiction a warrant
for the arrest of a person under the law of the State if the
person has a connection with a cross-border region; and
(b) for that purpose, may exercise in that other jurisdiction
25 any of the powers the magistrate has under the law of
the State for the purpose of issuing warrants for the
arrest of persons.
page 26
Cross-border Justice Bill 2007
Police officers of State exercising powers in another Part 3
participating jurisdiction
Powers generally Division 1
s. 34
(3) The law of the State applies (with any appropriate
modifications) in relation to the arrest and the warrant.
Examples for section 33:
1. A person is suspected of committing an offence under WA law in the
5 WA portion of the WA/SA/NT region. A WA magistrate anywhere in
WA, SA or the NT may issue a warrant for the person's arrest. A WA
police officer may arrest the person under the warrant anywhere in
WA, SA or the NT.
2. A person who ordinarily resides in the WA/SA region is suspected of
10 committing an offence under WA law in Kalgoorlie. A WA magistrate
anywhere in WA or SA may issue a warrant for the person's arrest.
A WA magistrate in the NT cannot issue a warrant. A WA police officer
may arrest the person under the warrant anywhere in WA or SA but
not in the NT.
15 3. A person who ordinarily resides in the WA/NT region is suspected of
committing an offence under WA law in the WA portion of the WA/SA
region. A WA magistrate anywhere in WA, SA or the NT may issue a
warrant for the person's arrest. A WA police officer may arrest the
person under the warrant anywhere in WA, SA or the NT.
20 34. Person taken into custody
(1) Subsection (2) applies if --
(a) a police officer of the State arrests a person under the
law of the State --
(i) whether with or without a warrant; and
25 (ii) whether in the State or another participating
jurisdiction;
and
(b) the person has a connection with a cross-border region.
(2) A police officer of the State may --
30 (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 that is
35 authorised under the law of the State as applied by
subsection (3).
page 27
Cross-border Justice Bill 2007
Part 3 Police officers of State exercising powers in another
participating jurisdiction
Division 1 Powers generally
s. 35
(3) The law of the State applies (with any appropriate
modifications) in relation to the custody.
35. Investigation of suspected or alleged offence or breach of
order
5 (1) This section applies if --
(a) a police officer of the State --
(i) suspects a person of having committed, or has
alleged that a person has committed, an offence
under the law of the State; or
10 (ii) suspects a person of having breached, or has
alleged that a person has breached, an order
made under the law of the State;
and
(b) the person has a connection with a cross-border region.
15 (2) A police officer of the State may --
(a) investigate the offence or breach in another participating
jurisdiction; and
(b) for that purpose, may exercise in that other jurisdiction
any of the powers the police officer has under the law of
20 the State for the purpose of 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;
25 (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);
30 (e) taking samples of things, and removing things, from the
external and internal parts of people's bodies;
page 28
Cross-border Justice Bill 2007
Police officers of State exercising powers in another Part 3
participating jurisdiction
Powers generally Division 1
s. 35
(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;
5 (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 referred to in
paragraphs (a) to (i);
10 (k) requiring people to assist the police officer to do any of
the things referred to in paragraphs (a) to (j).
(4) For the purpose of the investigation of the offence or breach by
a police officer of the State in the State or another participating
jurisdiction, a magistrate of the State --
15 (a) may issue in another participating jurisdiction a warrant
or order under the law of the State to be carried out in
the State or another participating jurisdiction; and
(b) for that purpose, may exercise in that other jurisdiction
any of the powers the magistrate has under the law of
20 the State for the purpose of issuing warrants or orders
for the purpose of the investigation by police officers of
the State of offences or breaches of orders.
(5) The law of the State applies (with any appropriate
modifications) in relation to the investigation and the warrant or
25 order.
Examples for section 35:
1. A person is suspected of committing an offence under WA law in the
WA portion of the WA/SA/NT region. A WA police officer may
investigate the alleged offence anywhere in WA, SA or the NT. For the
30 purpose of the investigation of the alleged offence, a WA magistrate
anywhere in WA, SA or the NT may issue a warrant to search
premises anywhere in WA, SA or the NT.
2. A person is arrested in the WA/SA region for an offence under WA law
alleged to have been committed in Kalgoorlie. A WA police officer may
35 investigate the alleged offence anywhere in WA or SA but not in the
NT. For the purpose of the investigation of the alleged offence, a WA
page 29
Cross-border Justice Bill 2007
Part 3 Police officers of State exercising powers in another
participating jurisdiction
Division 2 Road traffic powers
s. 36
magistrate anywhere in WA or SA may issue a warrant to search
premises anywhere in WA or SA but not in the NT. A WA magistrate in
the NT cannot issue a warrant.
3. A person is suspected of committing an offence under WA law in the
5 WA portion of the WA/NT region and is subsequently arrested for the
alleged offence in the WA/SA region. A WA police officer may
investigate the alleged offence anywhere in WA, SA or the NT. For the
purpose of the investigation of the alleged offence, a WA magistrate
anywhere in WA, SA or the NT may issue a warrant to search
10 premises anywhere in WA, SA or the NT.
36. 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 State in another participating jurisdiction
15 under section 34(2)(a) is released.
(2) A police officer of the State 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.
20 (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.
37. Relationship of this Part with Criminal Investigation
(Extra-territorial Offences) Act 1987
25 This Part does not affect the operation of the Criminal
Investigation (Extra-territorial Offences) Act 1987.
Division 2 -- Road traffic powers
Subdivision 1 -- Vehicle or driver licensing laws
38. Powers in relation to offences
30 (1) Subsection (2) applies if --
(a) a police officer of the State suspects a person of having
committed, or has alleged that a person has committed,
page 30
Cross-border Justice Bill 2007
Police officers of State exercising powers in another Part 3
participating jurisdiction
Road traffic powers Division 2
s. 39
an offence under the State's vehicle or driver licensing
laws; and
(b) the person has a connection with a cross-border region.
(2) A police officer of the State may exercise in another
5 participating jurisdiction any of the powers the police officer
has under the law of the State in relation to the offence.
39. Other powers
(1) In this section --
"licensing powers", of a police officer of the State, means any
10 of the powers the police officer has under the State's
vehicle or driver licensing laws other than a power to
which section 38(2) applies.
(2) A police officer of the State may exercise in another
participating jurisdiction any of the police officer's licensing
15 powers in relation to a person who ordinarily resides in a part of
the State that is in a cross-border region.
Subdivision 2 -- Drink or drug-driving laws
40. Terms used in this Subdivision
In this Subdivision, unless the contrary intention appears --
20 "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
25 or taking, and testing or analysing, a sample under the
jurisdiction's drink or drug-driving laws.
41. Conduct of preliminary alcohol or drug test in cross-border
region
(1) This section applies if a police officer of the State requires a
30 person in a part of the State that is in a cross-border region to
page 31
Cross-border Justice Bill 2007
Part 3 Police officers of State exercising powers in another
participating jurisdiction
Division 2 Road traffic powers
s. 42
provide a sample of breath or oral fluid for a preliminary
alcohol or drug test under the State's drink or drug-driving laws.
(2) If --
(a) the person is required to provide the sample in
5 accordance with the testing procedures under another
participating jurisdiction's drink or drug-driving laws;
and
(b) the region is partly in that other jurisdiction,
the person is taken to be required to provide the sample in
10 accordance with the testing procedures under the State'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
15 another participating jurisdiction's drink or drug-driving
laws; and
(b) the region is partly in that other jurisdiction,
the sample is taken to have been tested in accordance with the
testing procedures for a preliminary alcohol or drug test under
20 the State's drink or drug-driving laws.
42. Powers that may be exercised in another participating
jurisdiction
(1) Subsection (3) applies if a police officer of the State has
required a person in a part of the State that is in a cross-border
25 region to provide a sample of breath or oral fluid for a
preliminary alcohol or drug test under the State's drink or
drug-driving laws.
(2) Subsection (3) applies if --
(a) a police officer of the State suspects a person of having
30 committed, or has alleged that a person has committed, a
page 32
Cross-border Justice Bill 2007
Police officers of State exercising powers in another Part 3
participating jurisdiction
Road traffic powers Division 2
s. 43
drink or drug-driving offence under the law of the State;
and
(b) the person has a connection with a cross-border region.
(3) Subject to section 44, a police officer of the State may exercise
5 in another participating jurisdiction any of the powers the police
officer has under the State's drink or drug-driving laws in
relation to the person.
43. Providing or taking sample in another participating
jurisdiction
10 (1) This section applies if a police officer of the State acting under
section 42(3) requires a person to provide or allow to be taken a
sample under the State's drink or drug-driving laws in another
participating jurisdiction.
(2) If the person is required to provide the sample or allow the
15 sample to be taken in accordance with the testing procedures
under that 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 State's drink or drug-driving laws.
20 (3) If the sample is tested in accordance with the testing procedures
under that 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 State's drink or
25 drug-driving laws;
(b) a certificate relating to the testing procedures under that
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
30 of that other jurisdiction is prima facie evidence of the
matter in a proceeding referred to in the Road Traffic
Act 1974 section 70(1) or (3a);
page 33
Cross-border Justice Bill 2007
Part 3 Police officers of State exercising powers in another
participating jurisdiction
Division 2 Road traffic powers
s. 44
(c) if a sample of breath or blood is tested, the analysis
result is taken to be the analysis result for the purposes
of the Road Traffic Act 1974 section 68(4)(a) or 69(2)
(as the case requires) and section 71 of that Act.
5 (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 State's drink
or drug-driving laws.
44. Preliminary alcohol or drug test cannot be conducted in
10 another participating jurisdiction
This Subdivision does not authorise a police officer of the State
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 State's drink or drug-driving laws.
15 Subdivision 3 -- Vehicle impounding laws
45. Powers
(1) In this section --
"person", connected with a vehicle, means the person who --
(a) is suspected of having committed; or
20 (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.
(2) A police officer of the State may exercise in relation to a vehicle
25 in another participating jurisdiction any of the powers the police
officer has under the State'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
page 34
Cross-border Justice Bill 2007
Police officers of State exercising powers in another Part 3
participating jurisdiction
Restraining orders laws Division 3
s. 46
(b) if the exercise of the power is for the purpose of giving
effect to a court order -- the order was made by a
prescribed court of the State.
Subdivision 4 -- Miscellaneous matters
5 46. Law of State applies
The law of the State applies (with any appropriate
modifications) in relation to the powers in respect of which this
Division applies.
47. Relationship with Division 1
10 The powers that a police officer of the State 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 that
other jurisdiction.
15 Division 3 -- Restraining orders laws
48. Meaning of "WA police order"
In this Division --
"WA police order" means an order made by a police officer of
the State under the Restraining Orders Act 1997 Part 2
20 Division 3A.
49. Making of WA police orders
(1) A police officer of the State may make a WA 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
25 cross-border region.
page 35
Cross-border Justice Bill 2007
Part 3 Police officers of State exercising powers in another
participating jurisdiction
Division 4 Offence
s. 50
(2) The law of the State applies (with any appropriate
modifications) in relation to the making of the order.
Note for section 49:
For the purpose of deciding whether or not the person against whom the WA
5 police order is sought or proposed to be made has a connection with a
cross-border region, section 22 and Part 2 Division 4 apply.
50. Enforcement of WA police orders
(1) This section applies if --
(a) a person in another participating jurisdiction is a person
10 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 the State may exercise the police officer's
powers in relation to the person against whom the order is
15 made.
(3) In relation to the exercise of those powers, the Restraining
Orders Act 1997 Part 6 Division 3 has effect for all purposes in
respect of any breach of the order in that other jurisdiction.
(4) The law of the State applies (with any appropriate
20 modifications) in relation to those powers.
Division 4 -- Offence
51. 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
25 under this Part that would, if the action were to be taken in
relation to the exercise of the power in the State, constitute an
offence under the law of the State (a "State offence").
(2) The person commits an offence under this Act punishable by the
same penalty as is prescribed for the State offence.
page 36
Cross-border Justice Bill 2007
Police officers of State exercising powers in another Part 3
participating jurisdiction
Offence Division 4
s. 51
(3) If the State offence is an indictable offence, the offence under
subsection (2) is also an indictable offence.
Example for section 51:
Under the Criminal Investigation Act 2006 section 44(2)(g)(i), a WA police
5 officer executing a search warrant in respect of premises in WA may order a
person to leave those premises. A failure to comply with the order is an
offence under section 153(1) of that Act attracting a penalty of $12 000 or
12 months' imprisonment. If a WA police officer executing a search warrant in
respect of premises in SA or the NT orders a person to leave those premises,
10 a failure to comply with the order is an offence under this Act attracting the
same penalty.
page 37
Cross-border Justice Bill 2007
Part 4 Police officers of another participating jurisdiction exercising
powers in State
Division 1 Powers generally
s. 52
Part 4 -- Police officers of another participating
jurisdiction exercising powers in State
Division 1 -- Powers generally
52. Arrest without warrant
5 (1) A police officer of another participating jurisdiction may arrest
a person in the State without a warrant if --
(a) under the law of that other jurisdiction, the police officer
would have been able to arrest the person in that other
jurisdiction without a warrant; and
10 (b) the person has a connection with a cross-border region.
(2) The law of the State does not apply in relation to the arrest.
53. Arrest under warrant
(1) A police officer of another participating jurisdiction may arrest
a person in the State under a warrant if --
15 (a) under the law of that other jurisdiction, the police officer
would have been able to arrest the person in that other
jurisdiction under a warrant; and
(b) the person has a connection with a cross-border region.
(2) A magistrate of another participating jurisdiction --
20 (a) may issue in the State a warrant for the arrest of a person
under the law of that other jurisdiction if the person has
a connection with a cross-border region; and
(b) for that purpose, may exercise in the State any of the
powers the magistrate has under the law of that other
25 jurisdiction for the purpose of issuing warrants for the
arrest of persons.
page 38
Cross-border Justice Bill 2007
Police officers of another participating jurisdiction exercising Part 4
powers in State
Powers generally Division 1
s. 54
(3) The law of the State does not apply in relation to the arrest or
the warrant.
Examples for section 53:
1. A person is suspected of committing an offence under SA law in the
5 SA portion of the WA/SA/NT region. An SA magistrate anywhere in
WA may issue a warrant for the person's arrest. An SA police officer
may arrest the person under the warrant anywhere in WA.
2. A person who ordinarily resides in the WA/NT region is suspected of
committing an offence under NT law in Katherine. An NT magistrate
10 anywhere in WA may issue a warrant for the person's arrest. An NT
police officer may arrest the person under the warrant anywhere
in WA.
3. A person who ordinarily resides in the WA/SA region is suspected of
committing an offence under SA law in Port Augusta. An SA magistrate
15 anywhere in WA may issue a warrant for the person's arrest. An SA
police officer may arrest the person under the warrant anywhere
in WA.
54. Person taken into custody
(1) Subsection (2) applies if --
20 (a) a police officer of another participating jurisdiction
arrests a person under the law of that other jurisdiction
(the "arresting jurisdiction") --
(i) whether with or without a warrant; and
(ii) whether in the State or another participating
25 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 State; and
30 (b) while the person is in custody, take the person to a
police station, court or other place in the State for any
purpose that is authorised under the law of that other
jurisdiction as applied by its cross-border laws.
(3) The law of the State does not apply in relation to the custody.
page 39
Cross-border Justice Bill 2007
Part 4 Police officers of another participating jurisdiction exercising
powers in State
Division 1 Powers generally
s. 55
55. Investigation of suspected or alleged offence or breach of
order
(1) This section applies if --
(a) a police officer of another participating jurisdiction --
5 (i) suspects a person of having committed, or has
alleged that a person has committed, an offence
under the law of that other jurisdiction (the
"investigating jurisdiction"); or
(ii) suspects a person of having breached, or has
10 alleged that a person has breached, an order
made under the law of that other jurisdiction;
and
(b) the person has a connection with a cross-border region.
(2) A police officer of the investigating jurisdiction may --
15 (a) investigate the offence or breach in the State; and
(b) for that purpose, may exercise in the State any of the
powers the police officer has under the law of the
investigating jurisdiction for the purpose of investigating
the offence or breach.
20 (3) Without affecting subsection (2), those powers may include
powers the police officer has in relation to any of the
following --
(a) interviewing people;
(b) searching people;
25 (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
30 external and internal parts of people's bodies;
(f) entering and searching places and vehicles;
page 40
Cross-border Justice Bill 2007
Police officers of another participating jurisdiction exercising Part 4
powers in State
Powers generally Division 1
s. 55
(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
5 and vehicles;
(j) carrying out warrants or orders authorising the police
officer to do any of the things referred to in
paragraphs (a) to (i);
(k) requiring people to assist the police officer to do any of
10 the things referred to in paragraphs (a) to (j).
(4) For the purpose of the investigation of the offence or breach by
a police officer of the investigating jurisdiction in the State or
another participating jurisdiction, a magistrate of the
investigating jurisdiction --
15 (a) may issue in the State a warrant or order under the law
of the investigating jurisdiction to be carried out in the
State or another participating jurisdiction; and
(b) for that purpose, may exercise in the State any of the
powers the magistrate has under the law of the
20 investigating jurisdiction for the purpose of issuing
warrants or orders for the purpose of the investigation
by police officers of that jurisdiction of offences or
breaches of orders.
(5) The law of the State does not apply in relation to the
25 investigation or the warrant or order.
Examples for section 55:
1. A person is suspected of committing an offence under SA law in the
SA portion of the WA/SA/NT region. An SA police officer may
investigate the alleged offence anywhere in WA. For the purpose of the
30 investigation of the alleged offence, an SA magistrate anywhere in WA
may issue a warrant to search premises anywhere in WA, SA or
the NT.
2. A person is arrested in the WA/NT region for an offence under NT law
alleged to have been committed in Katherine. An NT police officer may
35 investigate the alleged offence anywhere in WA. For the purpose of the
investigation of the alleged offence, an NT magistrate anywhere in WA
page 41
Cross-border Justice Bill 2007
Part 4 Police officers of another participating jurisdiction exercising
powers in State
Division 2 Road traffic powers
s. 56
may issue a warrant to search premises anywhere in WA or the NT but
not in SA.
3. A person who ordinarily resides in the WA/SA region is suspected of
committing an offence under SA law in Port Augusta. An SA police
5 officer may investigate the alleged offence in WA. For the purpose of
the investigation of the alleged offence, an SA magistrate anywhere in
WA may issue a warrant to search premises anywhere in WA or SA
but not in the NT.
56. Relationship of this Division with Criminal Investigation
10 (Identifying People) Act 2002 Part 12
This Division does not exclude or limit the operation of the
Criminal Investigation (Identifying People) Act 2002 Part 12.
Note for section 56:
A police officer of another participating jurisdiction who is investigating an
15 offence under the law of that other jurisdiction may, for the purpose of
examining or obtaining material from the body of a person in the State, elect
to use the powers the police officer has under this Division or to proceed
under the Criminal Investigation (Identifying People) Act 2002 Part 12.
Division 2 -- Road traffic powers
20 Subdivision 1 -- Vehicle or driver licensing laws
57. 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
25 that a person has committed, an offence under that 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 that other jurisdiction may exercise in the
State any of the powers the police officer has under the law of
30 that other jurisdiction in relation to the offence.
page 42
Cross-border Justice Bill 2007
Police officers of another participating jurisdiction exercising Part 4
powers in State
Road traffic powers Division 2
s. 58
58. Other powers
(1) In this section --
"licensing powers", of a police officer of another participating
jurisdiction, means any of the powers the police officer has
5 under that other jurisdiction's vehicle or driver licensing
laws other than a power to which section 57(2) applies.
(2) A police officer of another participating jurisdiction may
exercise in the State any of the police officer's licensing powers
in relation to a person who ordinarily resides in a part of that
10 other jurisdiction that is in a cross-border region.
Subdivision 2 -- Drink or drug-driving laws
59. Powers that may be exercised in State
(1) Subsection (3) applies if a police officer of another participating
jurisdiction has required a person in a part of that other
15 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 that other jurisdiction's drink or drug-driving
laws.
(2) Subsection (3) applies if --
20 (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 that other jurisdiction; and
(b) the person has a connection with a cross-border region.
25 (3) Subject to section 60, a police officer of that other jurisdiction
may exercise in the State any of the powers the police officer
has under that other jurisdiction's drink or drug-driving laws in
relation to the person.
page 43
Cross-border Justice Bill 2007
Part 4 Police officers of another participating jurisdiction exercising
powers in State
Division 2 Road traffic powers
s. 60
60. Preliminary alcohol or drug test cannot be conducted in
State
Section 59 does not authorise a police officer of another
participating jurisdiction to require a person in the State to
5 provide a sample of breath or oral fluid for a preliminary
alcohol or drug test under that other jurisdiction's drink or
drug-driving laws.
Subdivision 3 -- Vehicle impounding laws
61. Powers
10 (1) 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,
15 the offence for which the vehicle may or is required to be
impounded or confiscated.
(2) A police officer or other office holder of another participating
jurisdiction may exercise in relation to a vehicle in the State any
of the powers the police officer or office holder has under that
20 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 the purpose of giving
25 effect to a court order -- the order was made by a
prescribed court of that other jurisdiction.
page 44
Cross-border Justice Bill 2007
Police officers of another participating jurisdiction exercising Part 4
powers in State
Restraining orders laws Division 3
s. 62
Subdivision 4 -- Miscellaneous matters
62. Law of State does not apply
The law of the State does not apply in relation to the powers in
respect of which this Division applies.
5 63. Relationship with Division 1
The powers that a police officer of another participating
jurisdiction is authorised under this Division to exercise in the
State are in addition to, and do not exclude or limit, any of the
powers the police officer is authorised under Division 1 to
10 exercise in the State.
Division 3 -- Restraining orders laws
64. Meaning of "NT police order"
In this Division --
"NT police order" means an order made by a police officer of
15 the Northern Territory under the Northern Territory's
restraining orders laws.
65. Making NT police orders
(1) A police officer of the Northern Territory may make an NT
police order in the State if the person against whom the order is
20 sought or proposed to be made has a connection with a
cross-border region.
(2) The law of the State does not apply in relation to the making of
the order.
Note for section 65:
25 For the purpose of 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 22 and Part 2 Division 4 apply.
page 45
Cross-border Justice Bill 2007
Part 4 Police officers of another participating jurisdiction exercising
powers in State
Division 3 Restraining orders laws
s. 66
66. Enforcement of NT police orders
(1) This section applies if --
(a) a person in the State is a person against whom an NT
police order is in force; and
5 (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 Northern Territory may exercise the
police officer's powers in relation to the person against whom
the order is made.
10 (3) The law of the State does not apply in relation to those powers.
page 46
Cross-border Justice Bill 2007
Prescribed courts of State exercising cross-border jurisdiction Part 5
Preliminary matters Division 1
s. 67
Part 5 -- Prescribed courts of State exercising
cross-border jurisdiction
Division 1 -- Preliminary matters
67. Operation of courts outside State not limited
5 This Part does not limit, and applies subject to, the following --
(a) the Magistrates Court Act 2004 section 8;
(b) the Children's Court of Western Australia Act 1988
section 13.
Division 2 -- Jurisdiction and powers of courts
10 68. Proceedings that may be heard in another participating
jurisdiction
(1) A prescribed court of the State may hear and determine a
proceeding referred to in subsection (2) in another participating
jurisdiction if the person who is the subject of the proceeding
15 has a connection with a cross-border region for the purposes of
the proceeding.
(2) Any of the following proceedings of a prescribed court of the
State may be heard and determined in another participating
jurisdiction under subsection (1) --
20 (a) in the criminal jurisdiction of the Magistrates Court
under the Magistrates Court Act 2004 section 11;
(b) in the criminal jurisdiction of the Children's Court under
the Children's Court of Western Australia Act 1988
section 19;
25 (c) under the Bail Act 1982;
(d) under the Sentencing Act 1995;
(e) under the Young Offenders Act 1994;
(f) under the Restraining Orders Act 1997;
page 47
Cross-border Justice Bill 2007
Part 5 Prescribed courts of State exercising cross-border jurisdiction
Division 2 Jurisdiction and powers of courts
s. 68
(g) under the Firearms Act 1973 in respect of an order that
may be made under section 27A or 28 of that Act;
(h) under the Road Traffic Act 1974 in respect of any of the
following --
5 (i) the imposition or removal of a disqualification
from holding or obtaining a driver's licence;
(ii) an order for the issue of, for a change in the
limitations and conditions of, or for the
cancellation of, an extraordinary licence;
10 (iii) the impounding or confiscation of a vehicle;
(iv) the sale or disposal of an impounded or
confiscated vehicle;
(i) prescribed by the regulations.
(3) To avoid doubt, a prescribed court of the State can only hear
15 and determine in another participating jurisdiction a proceeding
that the court can hear and determine in the State.
Examples for section 68:
1. A person is charged with an offence under WA law alleged to have
been committed in the WA portion of the WA/SA/NT region. The
20 charge may be heard by a WA magistrate sitting anywhere in WA, SA
or the NT.
2. A person who ordinarily resides in the WA/SA region is charged with
an offence under WA law alleged to have been committed in
Kalgoorlie. The charge may be heard by a WA magistrate sitting
25 anywhere in WA or SA but not in the NT.
3. A person is arrested in the WA/SA/NT region for an offence under WA
law alleged to have been committed in Perth (the "WA/SA/NT charge").
The person also has an outstanding charge for an offence under WA
law alleged to have been committed in the WA portion of the WA/NT
30 region (the "WA/NT charge"). The WA/SA/NT charge may be heard by
a WA magistrate sitting anywhere in WA, SA or the NT. The WA/NT
charge may be heard by a WA magistrate sitting anywhere in WA or
the NT. It may also be heard by a WA magistrate sitting anywhere in
SA, but only if it is heard with the WA/SA/NT charge.
page 48
Cross-border Justice Bill 2007
Prescribed courts of State exercising cross-border jurisdiction Part 5
Jurisdiction and powers of courts Division 2
s. 69
69. Exercise of jurisdiction and powers
(1) A prescribed court of the State may --
(a) exercise its cross-border jurisdiction in the State or
another participating jurisdiction; and
5 (b) for that purpose, have registries in and sit in another
participating jurisdiction.
(2) For the purpose of exercising its cross-border jurisdiction, a
prescribed court of the State may exercise in another
participating jurisdiction any of the powers the court may
10 exercise in the State, including powers in relation to the
following --
(a) compelling witnesses;
(b) administering oaths;
(c) punishing for contempt;
15 (d) issuing warrants, summonses and other process.
(3) For subsection (2), the powers of a prescribed court of the State
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 State may exercise in
20 another participating jurisdiction its cross-border jurisdiction in
relation to a cross-border proceeding whether or not the
proceeding is heard and determined in that other jurisdiction.
70. Practice and procedure
The practice and procedure of a prescribed court of the State
25 apply (with any appropriate modifications) when the court is
exercising its cross-border jurisdiction.
71. Rules of evidence
The rules of evidence applied by a prescribed court of the State
apply (with any appropriate modifications) when the court is
30 exercising its cross-border jurisdiction.
page 49
Cross-border Justice Bill 2007
Part 5 Prescribed courts of State exercising cross-border jurisdiction
Division 3 Miscellaneous matters relating to cross-border proceedings
s. 72
72. 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
5 prescribed court of the State 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
10 (c) the failure would, if it were to occur in the State,
constitute an offence under the law of the State.
(2) The person commits an offence under this Act punishable by the
same penalty as is prescribed for the offence referred to in
subsection (1)(c).
15 (3) If the offence referred to 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
20 73. Legal practitioners of another participating jurisdiction
entitled to appear etc.
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
25 prescribed court of the State; 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 that other
30 jurisdiction for the purposes of the proceeding.
page 50
Cross-border Justice Bill 2007
Prescribed courts of State exercising cross-border jurisdiction Part 5
Miscellaneous matters relating to cross-border proceedings Division 3
s. 74
74. Court documents may be lodged, served or issued in another
participating jurisdiction
A court document of a prescribed court of the State may be
lodged, served or issued in another participating jurisdiction.
5 75. Court documents in wrong form do not invalidate
proceedings or decisions
(1) This section applies if --
(a) a document lodged, served or issued in a cross-border
proceeding of a prescribed court of the State (the "State
10 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
15 that other jurisdiction for the purposes of 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
20 of the interstate court.
(3) The State 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 State court be lodged, served or
issued (as the case requires) instead of the document referred to
25 in subsection (1)(a).
(4) A document lodged, served or issued under subsection (3) is
taken to have been lodged, served or issued on the day on
which, and at the time at which, the document referred to in
subsection (1)(a) was lodged, served or issued.
page 51
Cross-border Justice Bill 2007
Part 5 Prescribed courts of State exercising cross-border jurisdiction
Division 4 Registration of interstate restraining orders
s. 76
76. Application of Court Security and Custodial Services
Act 1999
The Court Security and Custodial Services Act 1999 does not
apply in relation to any premises or other place in another
5 participating jurisdiction used for the purposes of a cross-border
proceeding of a prescribed court of the State.
77. Law of State applies
Except to the extent this Act provides differently, the law of the
State applies (with any appropriate modifications) in relation to
10 the exercise by a prescribed court of the State of its cross-border
jurisdiction.
Division 4 -- Registration of interstate restraining orders
78. Part 2 Divisions 2 and 4 do not apply
Part 2 Divisions 2 and 4 do not apply in relation to a power in
15 respect of which this Division applies.
79. Terms used in this Division
In this Division --
"NT restraining order" means a restraining order of the
Northern Territory;
20 "register" means to register under the Restraining Orders
Act 1997 Part 7;
"SA restraining order" means a restraining order of South
Australia.
80. Registration of SA restraining orders under WA law
25 A registrar of the Magistrates Court 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
the purposes of which the person against whom the
page 52
Cross-border Justice Bill 2007
Prescribed courts of State exercising cross-border jurisdiction Part 5
Registration of interstate restraining orders Division 4
s. 81
order was made had a connection with a cross-border
region that is partly in that other jurisdiction; or
(b) the person against whom, or for whose benefit, the order
was made ordinarily resides in that other jurisdiction.
5 Examples for section 80:
1. An SA magistrate sitting in Alice Springs makes a restraining order under
SA's restraining orders laws. For the purposes of the proceeding, the
person against whom the order is made had a connection with the
WA/SA/NT region. The Alice Springs registry is a registry of the WA
10 Magistrates Court. Exercising the powers of a registrar of the WA
Magistrates Court, a registry officer registers the order under WA's
restraining orders laws.
2. An SA magistrate sitting in Port Augusta makes a restraining order under
SA's restraining orders laws. The person for whose benefit the order is
15 made ordinarily resides in SA. The Port Augusta registry is a registry of
the WA Magistrates Court. Exercising the powers of a registrar of the WA
Magistrates Court, a registry officer registers the order under WA's
restraining orders laws.
81. Registration of NT restraining orders under WA law
20 A registrar of the Magistrates Court may register an
NT 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 the
Northern Territory for the purposes of which the person
25 against whom the order was made had a connection with
a cross-border region that is partly in that other
jurisdiction; or
(b) the person against whom, or for whose benefit, the order
was made ordinarily resides in that other jurisdiction.
30 Examples for section 81:
1. An NT magistrate sitting in Darwin makes a restraining order under the
NT's restraining orders laws. For the purposes of the proceeding, the
person against whom the order is made had a connection with the WA/NT
region. The Darwin registry is a registry of the WA Magistrates Court.
35 Exercising the powers of a registrar of the WA Magistrates Court, a
registry officer registers the order under WA's restraining orders laws.
page 53
Cross-border Justice Bill 2007
Part 5 Prescribed courts of State exercising cross-border jurisdiction
Division 4 Registration of interstate restraining orders
s. 81
2. An NT magistrate sitting in Alice Springs makes a restraining order under
the NT's restraining orders laws. The person for whose benefit the order is
made ordinarily resides in the NT. The Alice Springs registry is a registry
of the WA Magistrates Court. Exercising the powers of a registrar of the
5 WA Magistrates Court, a registry officer registers the order under WA's
restraining orders laws.
page 54
Cross-border Justice Bill 2007
Prescribed courts of another participating jurisdiction Part 6
exercising cross-border jurisdiction
Jurisdiction and powers of courts Division 1
s. 82
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 State
5 A prescribed court of another participating jurisdiction may hear
and determine a cross-border proceeding of the court in the
State if the person who is the subject of the proceeding has a
connection with a cross-border region for the purposes of the
proceeding.
10 Examples for section 82:
1. A person is charged with an offence under NT law alleged to have
been committed in the NT portion of the WA/SA/NT region. The charge
may be heard by an NT magistrate sitting anywhere in WA.
2. A person who ordinarily resides in the WA/SA region is charged with
15 an offence under SA law alleged to have been committed in
Port Augusta. The charge may be heard by an SA magistrate sitting
anywhere in WA.
3. A person is arrested in the WA/SA/NT region for an offence alleged to
have been committed under NT law in Darwin. The person also has an
20 outstanding charge for an offence under NT law alleged to have been
committed in the NT portion of the WA/NT region. Both charges may
be heard by an NT magistrate sitting anywhere in WA.
83. Exercise of jurisdiction and powers
(1) A prescribed court of another participating jurisdiction may --
25 (a) exercise its cross-border jurisdiction in the State; and
(b) for that purpose, have registries in and sit in the State.
(2) For the purpose of exercising its cross-border jurisdiction, a
prescribed court of another participating jurisdiction may
exercise in the State any of the powers the court may exercise in
30 that other jurisdiction, including powers in relation to the
following --
(a) compelling witnesses;
page 55
Cross-border Justice Bill 2007
Part 6 Prescribed courts of another participating jurisdiction
exercising cross-border jurisdiction
Division 2 Miscellaneous matters relating to cross-border proceedings
s. 84
(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
5 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 State its cross-border
jurisdiction in relation to a cross-border proceeding whether or
10 not the proceeding is heard and determined in the State.
Division 2 -- Miscellaneous matters relating to
cross-border proceedings
84. Exception to Criminal Code Act 1913 section 4
Despite the Criminal Code Act 1913 section 4, a person may be
15 tried and punished in the State for an offence under the law of
another participating jurisdiction by a prescribed court of that
other jurisdiction in a cross-border proceeding of that court.
Note: The Criminal Code Act 1913 appears as Appendix B to the Criminal
Code Act Compilation Act 1913.
20 85. 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 State a cross-border
25 proceeding of that other jurisdiction; or
(b) exercising in the State the cross-border jurisdiction of
the court or a power of the court for the purposes of that
jurisdiction,
page 56
Cross-border Justice Bill 2007
Prescribed courts of another participating jurisdiction Part 6
exercising cross-border jurisdiction
Miscellaneous matters relating to cross-border proceedings Division 2
s. 86
has the same privileges, protection and immunity as a judge of
the Supreme Court has in the performance of his or her duties as
a judge.
(2) A person appearing in the State as a legal practitioner in a
5 cross-border proceeding of a prescribed court of another
participating jurisdiction has the same protection and immunity
as counsel appearing in a proceeding in the Supreme Court.
(3) A person appearing in the State as a witness in a cross-border
proceeding of a prescribed court of another participating
10 jurisdiction has the same protection as a witness appearing in a
proceeding in the Supreme Court.
86. Court documents may be lodged, served or issued in State
A court document of a prescribed court of another participating
jurisdiction may be lodged, served or issued in the State.
15 87. Application of Court Security and Custodial Services
Act 1999
The Court Security and Custodial Services Act 1999 applies in
relation to any premises or other place in the State used for the
purposes of a cross-border proceeding of a prescribed court of
20 another participating jurisdiction as if the premises or place
were used for the purposes of a proceeding of a court of the
State.
88. Law of State does not apply
Except to the extent this Act provides differently, the law of the
25 State does not apply in relation to the exercise by a prescribed
court of another participating jurisdiction of its cross-border
jurisdiction in the State.
page 57
Cross-border Justice Bill 2007
Part 6 Prescribed courts of another participating jurisdiction
exercising cross-border jurisdiction
Division 3 Registration of interstate restraining orders
s. 89
Division 3 -- Registration of interstate restraining orders
89. Part 2 Divisions 2 and 4 do not apply
Part 2 Divisions 2 and 4 do not apply in relation to a power in
respect of which this Division applies.
5 90. Registration of WA or NT restraining orders under SA law
(1) In this section --
"interstate restraining order" means --
(a) a restraining order of the State; or
(b) a restraining order of the Northern Territory;
10 "register" means to register under the restraining orders laws of
South Australia.
(2) The Principal Registrar of the Magistrates Court of
South Australia may register an interstate restraining order in
the State if --
15 (a) the order was made, amended or varied in a cross-border
proceeding of a prescribed court of the State or the
Northern Territory for the purposes of which the person
against whom the order was made had a connection with
a cross-border region that is partly in South Australia; or
20 (b) the person against whom, or for whose benefit, the order
was made ordinarily resides in South Australia.
Examples for section 90:
1. A WA magistrate sitting in Perth makes a restraining order under WA's
restraining orders laws. For the purposes of the proceeding, the person
25 against whom the order is made had a connection with the WA/SA region.
The Perth registry 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. An NT magistrate sitting in Kalgoorlie makes a restraining order under the
30 NT's restraining orders laws. The person for whose benefit the order is
made ordinarily resides in SA. The Kalgoorlie registry 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.
page 58
Cross-border Justice Bill 2007
Prescribed courts of another participating jurisdiction Part 6
exercising cross-border jurisdiction
Registration of interstate restraining orders Division 3
s. 91
91. Registration of WA or SA restraining orders under NT law
(1) In this section --
"interstate restraining order" means --
(a) a restraining order of the State; or
5 (b) a restraining order of South Australia;
"register" means to register under the Northern Territory's
restraining orders laws.
(2) The Registrar of the Local Court of the Northern Territory may
register an interstate restraining order in the State if --
10 (a) the order was made, amended or varied in a cross-border
proceeding of a prescribed court of the State or South
Australia for the purposes of which the person against
whom the order was made had a connection with a
cross-border region that is partly in the Northern
15 Territory; or
(b) the person against whom, or for whose benefit, the order
was made ordinarily resides in the Northern Territory.
Examples for section 91:
1. A WA magistrate sitting in Perth makes a restraining order under WA's
20 restraining orders laws. The person for whose benefit the order is made
ordinarily resides in the NT. The Perth registry is a registry of the NT Local
Court. Exercising the powers of the Registrar of the NT Local Court, a
registry officer registers the order under the NT's restraining orders laws.
2. An SA magistrate sitting in Kalgoorlie makes a restraining order under
25 SA's restraining orders laws. For the purposes of the proceeding, the
person against whom the order is made had a connection with the
WA/SA/NT region. The Kalgoorlie registry is a registry of the NT Local
Court. Exercising the powers of the Registrar of the NT Local Court, a
registry officer registers the order under the NT's restraining orders laws.
page 59
Cross-border Justice Bill 2007
Part 7 Bail of persons in custody under law of State
s. 92
Part 7 -- Bail of persons in custody under law of State
92. Police officer of State may exercise powers in another
participating jurisdiction
(1) Subsection (2) applies if a person is in the custody of a police
5 officer of the State in another participating jurisdiction under
section 34(2)(a).
(2) The Bail Act 1982 applies (with any appropriate modifications)
in relation to the person.
93. Offence to fail to comply with bail undertaking
10 (1) Subsection (2) applies if --
(a) a person in another participating jurisdiction fails to
comply with a bail undertaking entered into by the
person under the Bail Act 1982; and
(b) the failure would, if it were to occur in the State,
15 constitute an offence under the law of the State.
(2) The person commits an offence under this Act punishable by the
same penalty as is prescribed for the offence referred to in
subsection (1)(b).
(3) If the offence referred to in subsection (1)(b) is an indictable
20 offence, the offence under subsection (2) is also an indictable
offence.
page 60
Cross-border Justice Bill 2007
Bail of persons in custody under law of another participating Part 8
jurisdiction
s. 94
Part 8 -- Bail of persons in custody under law of
another participating jurisdiction
94. Police officer of another participating jurisdiction may
exercise powers in State
5 (1) Subsection (2) applies if a person is in the custody of a police
officer of another participating jurisdiction in the State under
section 54(2)(a).
(2) A police officer of that other jurisdiction may exercise in
relation to the person any of the powers the police officer has
10 under the law of that other jurisdiction in relation to the bail of a
person in custody in that other jurisdiction.
(3) The Bail Act 1982 does not apply in relation to the person.
page 61
Cross-border Justice Bill 2007
Part 9 Mentally impaired accused
s. 95
Part 9 -- Mentally impaired accused
95. Terms used in this Part
In this Part --
"NT proceeding" means --
5 (a) a cross-border proceeding of a prescribed court of the
Northern Territory for the purposes of 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;
10 "SA proceeding" means --
(a) a cross-border proceeding of a prescribed court of
South Australia for the purposes of which the person
who is the subject of the proceeding has a connection
with a cross-border region; or
15 (b) an appeal from such a proceeding;
"State authorised hospital" means an authorised hospital as
defined in the Mental Health Act 1996 section 3;
"State prison" means a prison in the State.
96. Persons committed to detention or custody under SA law
20 (1) If --
(a) in an SA proceeding, the person who is the subject of
the proceeding is committed to detention under the
Criminal Law Consolidation Act 1935 (South Australia)
Part 8A; and
25 (b) the person is required by a direction made under
section 269V of that Act to be kept in custody in a State
authorised hospital or State prison,
the person may be kept in custody in the hospital or prison in
accordance with the direction.
page 62
Cross-border Justice Bill 2007
Mentally impaired accused Part 9
s. 97
(2) If, in an SA proceeding, the person who is the subject of the
proceeding is committed under the Criminal Law Consolidation
Act 1935 (South Australia) section 269X to custody in a State
authorised hospital or State prison, the person may be kept in
5 custody in the hospital or prison in accordance with the
committal.
97. Persons detained under NT law
If, in an NT proceeding, the person who is the subject of the
proceeding is required by an order made under --
10 (a) the Mental Health and Related Services Act
(Northern Territory) section 74 or 75; or
(b) the Sentencing Act (Northern Territory) section 79 or 80,
to be detained in a State authorised hospital, the person may be
detained in the hospital in accordance with the order.
page 63
Cross-border Justice Bill 2007
Part 10 Sentences and orders under law of State
Division 1 Custodial sentences and orders
s. 98
Part 10 -- Sentences and orders under law of State
Division 1 -- Custodial sentences and orders
Subdivision 1 -- Sentences of imprisonment or detention
98. Serving sentence in State or another participating
5 jurisdiction
(1) A person who is sentenced to a term of imprisonment or period
of detention in respect of an offence under the law of the State is
liable to serve the sentence in a prison or detention centre in the
State or another participating jurisdiction if the person has a
10 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
15 of another participating jurisdiction under subsection (1), the
person is taken to be serving the sentence.
99. Warrant of commitment
A judicial officer or registrar of the court sentencing a person to
whom section 98 applies may issue a warrant of commitment
20 directed to all authorised officers and ordering them to take the
person to a prison or detention centre in the State or another
participating jurisdiction.
Subdivision 2 -- Remand
100. Remanded in custody in State or another participating
25 jurisdiction
A person who is remanded in custody in respect of an alleged
offence under the law of the State may be kept in custody in a
remand facility in the State or another participating jurisdiction
page 64
Cross-border Justice Bill 2007
Sentences and orders under law of State Part 10
Custodial sentences and orders Division 1
s. 101
in accordance with the order remanding the person if the person
has a connection with a cross-border region.
101. Remand warrant
A judicial officer or registrar of the court remanding a person to
5 whom section 100 applies may issue a remand warrant directed
to all authorised officers and ordering them to take the person to
a remand facility in the State or another participating
jurisdiction.
102. Law of State applies
10 Except to the extent this Act provides differently, the law of the
State applies (with any appropriate modifications) in relation to
the remand of a person in another participating jurisdiction
under a remand warrant issued under section 101.
Subdivision 3 -- Bring up orders
15 103. Bringing prisoner or detainee in another participating
jurisdiction before judicial body of State
(1) In this section --
"judicial body", of the State, means a court, tribunal or other
body or person that under the law of the State has judicial
20 or quasi judicial functions or otherwise acts judicially, and
includes --
(a) a Royal Commission under the Royal Commissions
Act 1968; and
(b) the Corruption and Crime Commission established
25 under the Corruption and Crime Commission
Act 2003;
"proceedings", of a judicial body of the State, includes
anything done in the performance of the functions of the
judicial body.
page 65
Cross-border Justice Bill 2007
Part 10 Sentences and orders under law of State
Division 1 Custodial sentences and orders
s. 104
(2) 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.
(3) If the person is required or entitled to be present at proceedings
5 of a judicial body of the State --
(a) the judicial body or a person constituting it for the
proceedings; or
(b) an officer of the judicial body authorised in accordance
with its procedures; or
10 (c) the person in charge of the prison or detention centre,
may, by written order, direct that the person be brought up to
the place named in the order.
(4) The order can only be made if the person has a connection with
a cross-border region that is partly in the participating
15 jurisdiction in which the person is in custody.
(5) If 2 or more people constitute the judicial body for the
proceedings, subsection (3)(a) applies to each of them.
Note for section 103:
The Prisons Act 1981 applies for the purpose of bringing up a person who is
20 in custody in a prison in the State under the law of a participating jurisdiction.
104. Custody of person brought up from prison or detention
centre in another participating jurisdiction
If an order is made under section 103 in relation to a person --
(a) the person in charge of the prison or detention centre in
25 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
30 the charge of an authorised officer; and
page 66
Cross-border Justice Bill 2007
Sentences and orders under law of State Part 10
Custodial sentences and orders Division 1
s. 105
(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
5 the State for which the person was in that
custody;
and
(c) if the proceeding that the person is required to attend is
adjourned, the person may during the adjournment --
10 (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
15 to the place where the person's attendance is
required.
Subdivision 4 -- Miscellaneous matters
105. Carrying out custodial orders
An authorised officer of a participating jurisdiction may carry
20 out a custodial order of the State in the State or another
participating jurisdiction.
106. Application of Court Security and Custodial Services
Act 1999
The Court Security and Custodial Services Act 1999 does not
25 apply in relation to a person in custody in another participating
jurisdiction under this Part.
107. Application of Prisons Act 1981
The Prisons Act 1981 does not apply in relation to a person in
custody in a prison in another participating jurisdiction under
30 this Part.
page 67
Cross-border Justice Bill 2007
Part 10 Sentences and orders under law of State
Division 2 Non-custodial sentences and orders
s. 108
108. Application of Young Offenders Act 1994
(1) The prescribed provisions of the Young Offenders Act 1994 do
not apply in relation to a person in custody in a detention centre
in another participating jurisdiction under this Part.
5 (2) For subsection (1), the prescribed provisions are --
(a) Part 9, except section 178; and
(b) sections 188, 191 and 193.
Division 2 -- Non-custodial sentences and orders
109. Carrying out non-custodial orders in another participating
10 jurisdiction
(1) A non-custodial order of the State 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.
15 (2) A community corrections officer or juvenile justice officer of
the State may exercise in another participating jurisdiction any
of the powers the officer has under the law of the State in
relation to a non-custodial order of the State if the person
against whom the order was made or issued has a connection
20 with a cross-border region.
(3) The law of the State applies (with any appropriate
modifications) in relation to the order and those powers.
110. Conducting diversionary programs for young offenders in
another participating jurisdiction
25 (1) A police officer, juvenile justice officer or other office holder of
the State may exercise in another participating jurisdiction any
of the powers the office holder has under the Young Offenders
Act 1994 Part 5 in relation to an alleged offender who has a
connection with a cross-border region.
page 68
Cross-border Justice Bill 2007
Sentences and orders under law of State Part 10
Non-custodial sentences and orders Division 2
s. 110
(2) The law of the State applies (with any appropriate
modifications) in relation to those powers.
page 69
Cross-border Justice Bill 2007
Part 11 Sentences and orders under law of another participating
jurisdiction
Division 1 Custodial sentences and orders
s. 111
Part 11 -- Sentences and orders under law of another
participating jurisdiction
Division 1 -- Custodial sentences and orders
111. Serving sentence of imprisonment or detention in State
5 (1) A person who is sentenced to a term of imprisonment or period
of detention in respect of an offence under the law of another
participating jurisdiction may serve the sentence in a prison or
detention centre in the State if the person has a connection with
a cross-border region.
10 (2) A person may be kept in custody in a prison or detention centre
of the State 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
15 accordance with the law of that other jurisdiction.
112. Remanded in custody in State
(1) A person who is remanded in custody in respect of an alleged
offence under the law of another participating jurisdiction may
be kept in custody in a remand facility in the State in
20 accordance with the order remanding the person if the person
has a connection with a cross-border region.
(2) Except to the extent this Act provides differently, the law of the
State does not apply in relation to the remand of a person in a
remand facility of the State under subsection (1).
25 113. Carrying out custodial orders
(1) An authorised officer of a participating jurisdiction may carry
out a custodial order of another participating jurisdiction in the
State.
page 70
Cross-border Justice Bill 2007
Sentences and orders under law of another participating Part 11
jurisdiction
Custodial sentences and orders Division 1
s. 114
(2) An authorised officer of the State may carry out a custodial
order of another participating jurisdiction in another
participating jurisdiction.
114. Effect of bring up order if person in custody under law of
5 State
(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 State.
(2) If the person is taken from and returned to the prison or
10 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 State for which the person was in
15 that custody.
115. Application of Court Security and Custodial Services
Act 1999
The Court Security and Custodial Services Act 1999 applies in
relation to a person in custody in the State under this Division.
20 116. Application of Prisons Act 1981
The Prisons Act 1981 applies in relation to a person in custody
in a prison in the State under this Division.
117. Application of Young Offenders Act 1994
(1) The prescribed provisions of the Young Offenders Act 1994
25 apply in relation to a person in custody in a detention centre in
the State under this Division.
(2) For subsection (1), the prescribed provisions are --
(a) Part 9, except section 178; and
(b) sections 188, 191 and 193.
page 71
Cross-border Justice Bill 2007
Part 11 Sentences and orders under law of another participating
jurisdiction
Division 2 Non-custodial sentences and orders
s. 118
Division 2 -- Non-custodial sentences and orders
118. Carrying out non-custodial orders in State
(1) A non-custodial order of another participating jurisdiction may
be carried out (wholly or partly) in the State if the person
5 against whom the order is made 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 State any
of the powers the officer has under the law of that other
10 jurisdiction in relation to a non-custodial order of that other
jurisdiction if the person against whom the order is made has a
connection with a cross-border region.
(3) The law of the State does not apply in relation to the order or
those powers.
15 119. Conducting diversionary programs for young offenders in
State
(1) A police officer, juvenile justice officer or other office holder of
South Australia may exercise in the State any of the powers the
office holder has under the Young Offenders Act 1993
20 (South Australia) Part 2 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
the Northern Territory may exercise in the State any of the
powers the office holder has under the Youth Justice Act
25 (Northern Territory) Part 3 in relation to an alleged offender
who has a connection with a cross-border region.
(3) The law of the State does not apply in relation to those powers.
page 72
Cross-border Justice Bill 2007
Enforcement of fines Part 12
Preliminary matters Division 1
s. 120
Part 12 -- Enforcement of fines
Division 1 -- Preliminary matters
120. Terms used in this Part
In this Part --
5 "Director General" has the meaning given in the Fines
Enforcement Act section 3(1);
"fine" includes a pecuniary penalty, pecuniary forfeiture,
pecuniary compensation and fees, charges and costs
payable under a conviction or order --
10 (a) of a prescribed court of a participating jurisdiction; or
(b) in an appeal from such a proceeding;
"Fines Enforcement Act" means the Fines, Penalties and
Infringement Notices Enforcement Act 1994;
"fines enforcement agency", of another participating
15 jurisdiction, means --
(a) if the jurisdiction is South Australia -- the Manager,
Penalty Management as defined in the Criminal Law
(Sentencing) Act 1988 (South Australia) section 3(1);
or
20 (b) if the jurisdiction is the Northern Territory -- the
Fines Recovery Unit as defined in the Fines and
Penalties (Recovery) Act (Northern Territory)
section 5;
"Fines Registrar" means the person who holds the office of
25 Registrar of the Fines Enforcement Registry under the
Fines Enforcement Act section 7(1).
Division 2 -- Fines under law of State
121. Request to enforce fine in another participating jurisdiction
(1) The Fines Registrar may request the fines enforcement agency
30 of another participating jurisdiction (the "reciprocating
agency") to enforce a fine that is registered under the Fines
page 73
Cross-border Justice Bill 2007
Part 12 Enforcement of fines
Division 2 Fines under law of State
s. 122
Enforcement Act section 41(1) 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
5 (b) a certificate signed by the Fines Registrar certifying the
amount of the fine outstanding; and
(c) written advice about the offender's connection with the
region.
122. Effect of making request
10 On making the request, the Fines Registrar must --
(a) cancel any order or unexecuted warrant in force in
relation to the fine under the Fines Enforcement Act
Part 4 Division 3; and
(b) if the Fines Registrar cancels a licence suspension order
15 under paragraph (a) -- advise the Director General of
the cancellation; and
(c) not take any action or further action to enforce the fine
under the Fines Enforcement Act unless section 125
applies.
20 123. Receipt of money by Fines Registrar
If, subsequent to making the request, the Fines Registrar
receives from the offender any money in whole or part
satisfaction of the fine, the Fines Registrar must notify the
reciprocating agency in writing of the payment.
25 124. Receipt of money from reciprocating agency
If, subsequent to making the request, the Fines Registrar
receives from the reciprocating agency any money in whole or
part satisfaction of the fine, the Fines Registrar must apply the
money as if it had been received from the offender in whole or
30 part satisfaction of the fine.
page 74
Cross-border Justice Bill 2007
Enforcement of fines Part 12
Fines under law of another participating jurisdiction Division 3
s. 125
125. Resumption of enforcement by Fines Registrar
Subsequent to making the request, the Fines Registrar may take
action or further action to enforce the fine under the Fines
Enforcement Act only if the Fines Registrar --
5 (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.
10 Division 3 -- Fines under law of another
participating jurisdiction
126. Request to enforce fine in State
(1) If the Fines Registrar receives a request in accordance with
subsection (2) from the fines enforcement agency of another
15 participating jurisdiction (the "reciprocating agency") to
enforce a fine imposed on an offender who has a connection
with a cross-border region, the Fines Registrar must register the
fine.
(2) The request must be in writing and accompanied by --
20 (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
25 region.
127. Effect of registration
(1) On registration of the fine under section 126(1), subject to
subsection (2), the Fines Registrar may enforce the fine under
the Fines Enforcement Act as if it were registered under
30 section 41(1) of that Act.
page 75
Cross-border Justice Bill 2007
Part 12 Enforcement of fines
Division 3 Fines under law of another participating jurisdiction
s. 128
(2) The Fines Registrar cannot issue a warrant of commitment
under the Fines Enforcement Act section 53(1) for the purpose
of enforcing the fine.
128. Receipt of money by reciprocating agency
5 If, subsequent to registration of the fine under section 126(1),
the Fines Registrar receives written notice from the
reciprocating agency that the offender has paid an amount in
whole or part satisfaction of the fine, the Fines Registrar --
(a) must record the payment; and
10 (b) may take action or further action under the Fines
Enforcement Act to enforce only the amount of the fine
outstanding.
129. Receipt of money by Fines Registrar
If, subsequent to registration of the fine under section 126(1),
15 the Fines Registrar receives any money in whole or part
satisfaction of the fine --
(a) from the offender; or
(b) as a result of any action taken by the Fines Registrar to
enforce the fine under the Fines Enforcement Act,
20 the Fines Registrar must remit the money received to the
reciprocating agency.
130. Request to cease enforcement of fine
(1) This section applies if, subsequent to registration of the fine
under section 126(1), the Fines Registrar --
25 (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 Registrar will not take any action or further action
to enforce the fine.
page 76
Cross-border Justice Bill 2007
Enforcement of fines Part 12
Fines under law of another participating jurisdiction Division 3
s. 130
(2) The Fines Registrar must --
(a) cancel any order or unexecuted warrant in force in
relation to the fine under the Fines Enforcement Act
Part 4 Division 3; and
5 (b) if the Fines Registrar cancels a licence suspension order
under paragraph (a) -- advise the Director General of
the cancellation; and
(c) advise the reciprocating agency of the amount of the
fine outstanding, taking into account --
10 (i) any money received from the offender in whole
or part satisfaction of the fine, including any
payment recorded under section 128(a); and
(ii) any money received by the Fines Registrar in
whole or part satisfaction of the fine as a result of
15 any action taken by the Fines Registrar 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
20 consequence of any action taken by the Fines
Registrar to enforce the fine under the Fines
Enforcement Act;
and
(d) remit to the reciprocating agency any money received by
25 the Fines Registrar in whole or part satisfaction of the
fine that has not already been remitted under
section 129; and
(e) not take any action or further action to enforce the fine
under the Fines Enforcement Act.
30 (3) On receiving or making a request under this section, the fine
ceases to be registered under section 126(1).
page 77
Cross-border Justice Bill 2007
Part 13 Office holders of participating jurisdictions
Division 1 Holding offices and exercising powers under law of other
jurisdictions
s. 131
Part 13 -- Office holders of participating jurisdictions
Division 1 -- Holding offices and exercising powers under law
of other jurisdictions
131. Secondary office holders and secondary offices
5 (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 one of
the other participating jurisdictions.
(2) A secondary office is an office held under the law of a
10 participating jurisdiction by a secondary office holder.
Examples for section 131:
1. SA and NT police officers who are appointed as WA police officers under
the Police Act 1892 will be secondary office holders of WA.
2. SA and NT community corrections officers will be taken to be WA
15 community corrections officers under the Sentence Administration
Act 2003 section 98AA as modified by the regulations and will therefore be
secondary office holders of WA.
132. Office holders of State may be secondary office holders of
another participating jurisdiction
20 An office holder of the State may hold a secondary office under
the law of another participating jurisdiction, and exercise the
powers of that office, for the purposes of that other participating
jurisdiction's cross-border laws.
133. Office holders of another participating jurisdiction may be
25 secondary office holders of State
An office holder of another participating jurisdiction may hold a
secondary office under the law of the State, and exercise the
powers of that office, for the purposes of the State's
cross-border laws.
page 78
Cross-border Justice Bill 2007
Office holders of participating jurisdictions Part 13
Holding offices and exercising powers under law of other Division 1
jurisdictions
s. 134
134. Prohibition against holding or exercising powers of another
office not breached
(1) In this section --
"prescribed prohibition", in relation to an office holder of the
5 State, means a prohibition against the office holder --
(a) holding another public office concurrently with the
office holder's State office; or
(b) exercising the powers of another public office
concurrently with the powers of the office holder's
10 State office;
"State office", of an office holder of the State, means the office
under the law of the State held by the office holder.
(2) Subsection (3) applies subject to the Magistrates Court
Act 2004 sections 6(3) and 26(8a) but despite any other law of
15 the State.
(3) An office holder of the State does not breach a prescribed
prohibition by holding a secondary office under the law of
another participating jurisdiction, or exercising a power of that
office, if the office is held or the power is exercised for the
20 purposes of that other jurisdiction's cross-border laws.
135. Terms of appointment of secondary office holders under law
of State
(1) In this section --
"remuneration" includes salary, allowances, fees, emoluments
25 and benefits (whether in money or not).
(2) Subsections (3) and (4) apply in relation to an office holder of
another participating jurisdiction who holds a secondary office
under the law of the State for the purposes of the State's
cross-border laws.
page 79
Cross-border Justice Bill 2007
Part 13 Office holders of participating jurisdictions
Division 2 Appointment of magistrates of another participating jurisdiction
to be magistrates of State
s. 136
(3) 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 that other jurisdiction.
(4) The secondary office holder ceases to hold the secondary office
5 if the office holder ceases to hold the office under the law of
that other jurisdiction.
Division 2 -- Appointment of magistrates of another
participating jurisdiction to be magistrates of State
136. Appointment as magistrates of Magistrates Court
10 The Magistrates Court Act 2004 applies (with any appropriate
modifications) in relation to the appointment of magistrates of
another participating jurisdiction to be magistrates of the
Magistrates Court.
137. Appointment as magistrates of Children's Court
15 The Children's Court of Western Australia Act 1988 applies
(with any appropriate modifications) in relation to the
appointment of magistrates of another participating jurisdiction
to be magistrates of the Children's Court.
page 80
Cross-border Justice Bill 2007
Miscellaneous matters Part 14
s. 138
Part 14 -- Miscellaneous matters
138. Reporting accidents, producing driver's licences etc. at
police stations etc.
(1) In this section --
5 "road traffic laws", of a participating jurisdiction, means --
(a) if the jurisdiction is the State -- the Road Traffic
Act 1974; or
(b) if the jurisdiction is another participating
jurisdiction -- the road traffic laws of that other
10 jurisdiction under its cross-border laws.
(2) Subsections (3) and (4) apply in relation to a requirement under
the law of the State to do something if no other provision of the
State's cross-border laws authorises the thing to be done in
another participating jurisdiction.
15 (3) A person who is required under the State'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.
20 (4) A person who is required under any other law of the State 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.
(5) Subsections (6) and (7) apply in relation to a requirement under
25 the law of another participating jurisdiction to do something if
no other provision of the State's cross-border laws allows the
thing to be done in the State.
(6) A person who is required under another participating
jurisdiction's road traffic laws to do something at a police
30 station or other place may do that thing at a police station or
other place in the State if the person has a connection with a
cross-border region.
page 81
Cross-border Justice Bill 2007
Part 14 Miscellaneous matters
s. 139
(7) 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 State if the person has a
connection with a cross-border region.
5 Note for section 138:
For the purpose of deciding whether or not a person to whom section 138
applies has a connection with a cross-border region, section 24 and Part 2
Division 4 apply.
139. Application of Inspector of Custodial Services Act 2003
10 (1) The Inspector of Custodial Services Act 2003 does not apply in
relation to a person who is in custody in another participating
jurisdiction under the law of the State.
(2) That Act applies in relation to a person who is in custody in the
State under the law of another participating jurisdiction.
15 140. Power of Minister to enter agreements
(1) In this section --
"Minister", of a participating jurisdiction, includes a person
acting on behalf of a Minister of the jurisdiction.
(2) The Minister may make an agreement with a Minister of
20 another participating jurisdiction in respect of any matter that is
necessary or convenient to give effect to this Act.
(3) Subsection (2) does not limit the power of the Minister to enter
into agreements relating to the administration of justice in a
cross-border region.
25 141. Inconsistency between Act and agreement
If there is an inconsistency between this Act and an agreement
referred to in section 140(2), this Act prevails to the extent of
the inconsistency.
page 82
Cross-border Justice Bill 2007
Miscellaneous matters Part 14
s. 142
142. Protection of office holders of State taking action in another
participating jurisdiction
An office holder of the State has the same protections and
immunities, and is subject to the same liabilities, under the law
5 of the State in respect of any action the office holder takes under
the State'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 State.
143. Protection of office holders of another participating
10 jurisdiction taking action in State
An office holder of another participating jurisdiction has the
same protections and immunities, and is subject to the same
liabilities, under the law of the State in respect of any action the
office holder takes under that other jurisdiction's cross-border
15 laws in the State as the office holder would have, and be subject
to, under the law of that other jurisdiction if the office holder
were to take the action in that other jurisdiction.
144. Disclosure of information to authorities in another
participating jurisdiction
20 (1) A person or body in the State who is authorised under a law of
the State to disclose information to another person or body in
the State (a "State authority") may disclose that information to
a person or body in another participating jurisdiction (an
"interstate authority") if --
25 (a) the interstate authority exercises powers that correspond
with the powers exercised by the State authority; and
(b) the information is relevant to the administration of the
cross-border laws of the State or of that other
jurisdiction.
30 (2) The CEO (corrections) may authorise the disclosure of
information about persons who are being or have been dealt
with under the State's cross-border laws to a person or body
(whether in the State or elsewhere) for use in research.
page 83
Cross-border Justice Bill 2007
Part 14 Miscellaneous matters
s. 145
(3) The CEO (corrections) may establish procedures for the
disclosure of information under this section.
145. Delegation by CEO (corrections)
(1) The CEO (corrections) may delegate to a person any power the
5 CEO has under another provision of this Act.
(2) The delegation must be in writing signed by the CEO.
(3) A person to whom a power is delegated under this section
cannot delegate that power.
(4) A person exercising a power that has been delegated to the
10 person under this section is taken to do so in accordance with
the terms of the delegation unless the contrary is shown.
(5) This section does not limit the ability of the CEO to exercise a
power through an officer or agent.
146. Regulations
15 The Governor may make regulations prescribing matters --
(a) required or permitted to be prescribed by this Act; or
(b) necessary or convenient to be prescribed for giving
effect to this Act.
147. Review of this Act
20 (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 from the commencement of this Act.
(2) The Minister must --
(a) prepare a report on the outcome of the review; and
25 (b) cause a copy of the report to be laid before each House
of Parliament within 4 years after the commencement of
this Act.
page 84
Cross-border Justice Bill 2007
Consequential amendments to other legislation Part 15
Children's Court of Western Australia Act 1988 amended Division 1
s. 148
Part 15 -- Consequential amendments to
other legislation
Division 1 -- Children's Court of Western Australia Act 1988
amended
5 148. The Act amended
The amendments in this Division are to the Children's Court of
Western Australia Act 1988.
149. Section 10 amended
Section 10(5) is amended by deleting ", 10 (except
10 clause 10(7))".
150. Section 12 amended
After section 12(1a) the following subsection is inserted --
"
(2) An oath or affirmation referred to in subsection (1)
15 may be taken at a place outside the State.
".
151. Section 13 amended
(1) Section 13(1) and (2) are repealed and the following subsections
are inserted instead --
20 "
(1) The Court --
(a) is to have registries at such places, including
places outside the State, as the Minister, by
written notice to the President, decides from
25 time to time; and
(b) is to sit at places where it has a registry at such
times as the President decides from time to
time; and
page 85
Cross-border Justice Bill 2007
Part 15 Consequential amendments to other legislation
Division 1 Children's Court of Western Australia Act 1988 amended
s. 152
(c) may, despite paragraphs (a) and (b), sit or
otherwise exercise its jurisdiction at any time
and place, but must not do so at a place outside
the State without the approval of the President.
5 (2) However, subsection (1) does not authorise the Court
to have a registry, to sit, or to otherwise exercise its
jurisdiction, at a place outside the State except to the
extent allowed by the law of the jurisdiction in which
the place is located.
10 ".
(2) Section 13(3) is amended by deleting "subsections (1) and (2)"
and inserting instead --
" subsection (1)(a) and (b) ".
(3) Section 13(4) and (6) are repealed.
15 152. Section 16 amended
After section 16(3) the following subsection is inserted --
"
(4) Section 26(7) to (8b) of the Magistrates Court
Act 2004 applies as if --
20 (a) each reference to the Magistrates Court were a
reference to the Court; and
(b) each reference to a Registrar or Deputy
Registrar of the Magistrates Court were a
reference to a registrar or deputy registrar (as
25 the case requires) of the Court; and
(c) each reference in subsection (8) to a person
appointed to an office in the administrative staff
of the Magistrates Court were a reference to a
person appointed as a registrar, deputy registrar
30 or other officer appointed under section 16(1)
to deal with the workload of the Court; and
page 86
Cross-border Justice Bill 2007
Consequential amendments to other legislation Part 15
Magistrates Court Act 2004 amended Division 2
s. 153
(d) the reference in subsection (8b) to
section 26(7)(a) or (b) of that Act were a
reference to that provision as applied by this
subsection.
5 ".
153. Section 29 amended
After section 29(4) the following subsection is inserted --
"
(5) This section applies in relation to an act or omission by
10 a person outside the State as if it were an act or
omission by the person in the State.
".
Division 2 -- Magistrates Court Act 2004 amended
154. The Act amended
15 The amendments in this Division are to the Magistrates Court
Act 2004.
155. Section 8 amended
(1) Section 8(1) and (2) are repealed and the following subsections
are inserted instead --
20 "
(1) The Court --
(a) is to have registries at such places, including
places outside the State, as the Minister, by
written notice to the Chief Magistrate, decides
25 from time to time; and
(b) is to sit at places where it has a registry at such
times as the Chief Magistrate decides from time
to time; and
(c) may, despite paragraphs (a) and (b), sit or
30 otherwise exercise its jurisdiction at any time
page 87
Cross-border Justice Bill 2007
Part 15 Consequential amendments to other legislation
Division 2 Magistrates Court Act 2004 amended
s. 156
and place, but must not do so at a place outside
the State without the approval of the Chief
Magistrate.
(2) However, subsection (1) does not authorise the Court
5 to have a registry, to sit, or to otherwise exercise its
jurisdiction, at a place outside the State except to the
extent allowed by the law of the jurisdiction in which
the place is located.
".
10 (2) Section 8(3) is amended by deleting "subsections (1) and (2)"
and inserting instead --
" subsection (1)(a) and (b) ".
(3) Section 8(4) and (6) are repealed.
156. Section 15 amended
15 After section 15(3) the following subsection is inserted --
"
(4) This section applies in relation to an act or omission by
a person outside the State as if it were an act or
omission by the person in the State.
20 ".
157. Section 26 amended
(1) Section 26(7) is repealed and the following subsections are
inserted instead --
"
25 (7) If the Court is required to perform its functions at a
place outside the State, the Minister may appoint as a
Registrar or Deputy Registrar of the Court at the
place --
(a) a person who holds office as a registrar or
30 deputy registrar of a court of the jurisdiction in
which the place is located; or
page 88
Cross-border Justice Bill 2007
Consequential amendments to other legislation Part 15
Magistrates Court Act 2004 amended Division 2
s. 158
(b) any other person.
(7a) The conditions of service (including remuneration as
defined in Schedule 1 clause 5(1)) of a person
appointed under subsection (7)(a) are those that the
5 person is entitled to under the law of that other
jurisdiction.
(7b) A person appointed under subsection (7)(a) ceases to
hold office if the person ceases to hold office as a
registrar or deputy registrar of the court of that other
10 jurisdiction.
".
(2) After section 26(8) the following subsections are inserted --
"
(8a) With the approval of the Minister, a Registrar or
15 Deputy Registrar may concurrently hold office as
registrar or deputy registrar of a court of another
jurisdiction.
(8b) Subsection (8a) does not require a Registrar or Deputy
Registrar appointed under subsection (7)(a) or (b) to
20 obtain the Minister's approval to hold another office.
".
158. Schedule 1 amended
(1) After Schedule 1 clause 4(2) the following subclause is
inserted --
25 "
(3) The oath or affirmation of office may be taken at a place
outside the State.
".
(2) Schedule 1 clause 10 is repealed.
page 89
Cross-border Justice Bill 2007
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
amended .................................................................................................... 11(1)
another participating jurisdiction ..................................................................7(1)
appropriate modifications.............................................................................7(1)
arrest ...........................................................................................................7(1)
arresting jurisdiction .................................................................................. 54(1)
authorised officer .........................................................................................7(1)
bring up order ..............................................................................................7(1)
carry out ......................................................................................................7(1)
CEO (corrections) ........................................................................................7(1)
community corrections officer......................................................................7(1)
confiscation .................................................................................................7(1)
connection with a cross-border region ..........................................................7(1)
court document ............................................................................................7(1)
cross-border jurisdiction...............................................................................7(1)
cross-border laws .........................................................................................7(1)
cross-border proceeding ...............................................................................7(1)
cross-border region ......................................................................................7(1)
custodial order .............................................................................................7(1)
detention centre............................................................................................7(1)
Director General .......................................................................................... 120
drink or drug-driving laws............................................................................7(1)
drink or drug-driving offence .......................................................................7(1)
exercise........................................................................................................7(1)
fine .............................................................................................................. 120
Fines Enforcement Act................................................................................. 120
fines enforcement agency............................................................................. 120
Fines Registrar............................................................................................. 120
interstate authority ................................................................................... 144(1)
interstate court ........................................................................................... 75(1)
interstate restraining order................................................................90(1), 91(1)
investigating jurisdiction ............................................................................ 55(1)
judicial body ............................................................................................ 103(1)
juvenile justice officer..................................................................................7(1)
licensing powers ..............................................................................39(1), 58(1)
lodge ...........................................................................................................7(1)
magistrate ....................................................................................................7(1)
Minister ................................................................................................... 140(1)
non-custodial order ......................................................................................7(1)
NT police order.............................................................................................. 64
page 90
Cross-border Justice Bill 2007
Defined Terms
NT proceeding ............................................................................................... 95
NT restraining order....................................................................................... 79
office holder ................................................................................................7(1)
participating jurisdiction...............................................................................7(1)
person..............................................................................................45(1), 61(1)
police officer................................................................................................7(1)
power ..........................................................................................................7(1)
preliminary alcohol or drug test ....................................................................7(1)
prescribed court ...........................................................................................7(1)
prescribed prohibition .............................................................................. 134(1)
prison ..........................................................................................................7(1)
proceeding ..................................................................................................... 26
proceedings.............................................................................................. 103(1)
reciprocating agency .................................................................... 121(1), 126(1)
register....................................................................................... 79, 90(1), 91(1)
registrar .......................................................................................................7(1)
remand facility.............................................................................................7(1)
remuneration............................................................................................ 135(1)
restraining order...........................................................................................7(1)
restraining orders laws .................................................................................7(1)
road traffic laws ....................................................................................... 138(1)
SA proceeding ............................................................................................... 95
SA restraining order ....................................................................................... 79
sample ........................................................................................................... 40
secondary office...........................................................................................7(1)
secondary office holder ................................................................................7(1)
State authorised hospital................................................................................. 95
State authority.......................................................................................... 144(1)
State court.................................................................................................. 75(1)
State offence .............................................................................................. 51(1)
State office............................................................................................... 134(1)
State prison.................................................................................................... 95
subsidiary legislation....................................................................................7(1)
take action ...................................................................................................7(1)
test................................................................................................................. 40
testing procedures .......................................................................................... 40
vehicle impounding laws..............................................................................7(1)
vehicle or driver licensing laws ....................................................................7(1)
WA police order ............................................................................................ 48
WA/NT region........................................................................................... 31(3)
WA/SA region ........................................................................................... 31(3)
WA/SA/NT region ..................................................................................... 31(3)
written law...................................................................................................7(1)
page 91
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