CROSS-BORDER JUSTICE ACT 2008

Table of Provisions

• Long Title

PART 1 -- Introduction

Division 1 -- Preliminary matters  

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

Division 2 -- Object of this Act  

• 4 Act gives effect to cooperative schemes
 
• 5 Object of Act and how it is to be achieved
 
• 6 How this Act to be construed

Division 3 -- Interpretation  

• 7 Terms used
 
• 8 Cross-border laws
 
• 9 Persons who exercise powers are office holders
 
• 10 References to office holders
 
• 11 References to written laws of another participating jurisdiction
 
• 12 Use of notes and examples

Division 4 -- Modifications of other laws of State  

• 13 Appropriate modifications
 
• 14 Effect of modifications

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
 
• 16 Law of another participating jurisdiction: other persons required to do things
 
• 17 Relationship to Service and Execution of Process Act 1992 (Commonwealth)

Division 6 -- Application  

• 18 Offences, orders and requirements in relation to which State’s cross-border laws apply

PART 2 -- Cross-border regions

Division 1 -- Prescribing cross-border regions  

• 19 Cross-border regions to be prescribed

Division 2 -- Connection with a cross-border region  

• 20 Persons suspected of, alleged to have committed or found guilty of offences
 
• 21 Persons against whom orders of prescribed courts are in force
 
• 22 Connection for purposes of making restraining orders
 
• 23 Persons serving sentences or carrying out orders in respect of offences or alleged offences
 
• 24 Other persons required to do things
 
• 25 Connections are not mutually exclusive

Division 3 -- Proving connection with a cross-border region  

• 26 Term used: proceeding
 
• 27 Onus of proving person’s whereabouts at time of arrest
 
• 28 Onus of proving person’s residency during cross-border proceeding

Division 4 -- Multiple cross-border regions  

• 29 Application of this Division
 
• 30 Office holders, prescribed courts, persons serving sentences
 
• 31 Other persons required to do things

PART 3 -- Police officers of State exercising powers in another participating jurisdiction

Division 1 -- Powers generally  

• 32 Arrest without warrant
 
• 33 Arrest under warrant
 
• 34 Person taken into custody
 
• 35 Investigation of suspected or alleged offence or breach of order
 
• 36 Return of person not charged to place of arrest or other place
 
• 37 Relationship of this Part with Criminal Investigation (Extra-territorial Offences) Act 1987

Division 2 -- Road traffic powers

• 38 Powers in relation to offences
 
• 39 Other powers
Subdivision 2 -- Drink or drug-driving laws  
• 40 Terms used
 
• 41 Conduct of preliminary alcohol or drug test in cross-border region
 
• 42 Powers that may be exercised in another participating jurisdiction
 
• 43 Providing or taking sample in another participating jurisdiction
 
• 44 Preliminary alcohol or drug test cannot be conducted in another participating jurisdiction
Subdivision 3 -- Vehicle impounding laws  
• 45 Powers
Subdivision 4 -- Miscellaneous matters  
• 46 Law of State applies
 
• 47 Relationship with Division

Division 3 -- Restraining orders laws  

• 48 Term used: WA police order
 
• 49 Making of WA police orders
 
• 50 Enforcement of WA police orders

Division 4 -- Offence  

• 51 Offence to interfere with exercise of power

PART 4 -- Police officers of another participating jurisdiction exercising powers in State

Division 1 -- Powers generally  

• 52 Arrest without warrant
 
• 53 Arrest under warrant
 
• 54 Person taken into custody
 
• 55 Investigation of suspected or alleged offence or breach of order
 
• 56 Relationship of this Division with Criminal Investigation (Identifying People) Act 2002 Part

Division 2 -- Road traffic powers

• 57 Powers in relation to offences
 
• 58 Other powers
Subdivision 2 -- Drink or drug-driving laws  
• 59 Powers that may be exercised in State
 
• 60 Preliminary alcohol or drug test cannot be conducted in State
Subdivision 3 -- Vehicle impounding laws  
• 61 Powers
Subdivision 4 -- Miscellaneous matters  
• 62 Law of State does not apply
 
• 63 Relationship with Division

Division 3 -- Restraining orders laws  

• 64 Term used: NT police order
 
• 65 Making NT police orders
 
• 66 Enforcement of NT police orders

PART 5 -- Prescribed courts of State exercising cross-border jurisdiction

Division 1 -- Preliminary matters  

• 67 Operation of courts outside State not limited

Division 2 -- Jurisdiction and powers of courts  

• 68 Proceedings that may be heard in another participating jurisdiction
 
• 69 Exercise of jurisdiction and powers
 
• 70 Practice and procedure
 
• 71 Rules of evidence
 
• 72 Offence to fail to comply with order, judgment, warrant or summons

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

• 73 Legal practitioners of another participating jurisdiction entitled to appear etc.
 
• 74 Court documents may be lodged, served or issued in another participating jurisdiction
 
• 75 Court documents in wrong form do not invalidate proceedings or decisions
 
• 76 Application of Court Security and Custodial Services Act 1999
 
• 77 Law of State applies

Division 4 -- Registration of interstate restraining orders  

• 78 Part 2 Divisions 2 and 4 do not apply
 
• 79 Terms used
 
• 80 Registration of SA restraining orders under WA law
 
• 81 Registration of NT restraining orders under WA law

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
 
• 83 Exercise of jurisdiction and powers

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

• 84 Exception to Criminal Code Act 1913 section
 
• 85 Privileges, protection and immunity of participants in proceedings
 
• 86 Court documents may be lodged, served or issued in State
 
• 87 Application of Court Security and Custodial Services Act 1999
 
• 88 Law of State does not apply

Division 3 -- Registration of interstate restraining orders  

• 89 Part 2 Divisions 2 and 4 do not apply
 
• 90 Registration of WA or NT restraining orders under SA law
 
• 91 Registration of WA or SA restraining orders under NT law

PART 7 -- Bail of persons in custody under law of State  

• 92 Police officer of State may exercise powers in another participating jurisdiction
 
• 93 Offence to fail to comply with bail undertaking

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

PART 9 -- Mentally impaired accused  

• 95 Terms used
 
• 96 Persons committed to detention or custody under SA law
 
• 97 Persons detained under NT law

PART 10 -- Sentences and orders under law of State

Division 1 -- Custodial sentences and orders

• 98 Serving sentence in State or another participating jurisdiction
 
• 99 Warrant of commitment
Subdivision 2 -- Remand  
• 100 Remanded in custody in State or another participating jurisdiction
 
• 101 Remand warrant
 
• 102 Law of State applies
Subdivision 3 -- Bring up orders  
• 103 Bringing prisoner or detainee in another participating jurisdiction before judicial body of State
 
• 104 Custody of person brought up from prison or detention centre in another participating jurisdiction
Subdivision 4 -- Miscellaneous matters  
• 105 Carrying out custodial orders
 
• 106 Application of Court Security and Custodial Services Act 1999
 
• 107 Application of Prisons Act 1981
 
• 108 Application of Young Offenders Act 1994

Division 2 -- Non-custodial sentences and orders  

• 109 Carrying out non-custodial orders in another participating jurisdiction
 
• 110 Conducting diversionary programs for young offenders in another participating jurisdiction

PART 11 -- Sentences and orders under law of another participating jurisdiction

Division 1 -- Custodial sentences and orders  

• 111 Serving sentence of imprisonment or detention in State
 
• 112 Remanded in custody in State
 
• 113 Carrying out custodial orders
 
• 114 Effect of bring up order if person in custody under law of State
 
• 115 Application of Court Security and Custodial Services Act 1999
 
• 116 Application of Prisons Act 1981
 
• 117 Application of Young Offenders Act 1994

Division 2 -- Non-custodial sentences and orders  

• 118 Carrying out non-custodial orders in State
 
• 119 Conducting diversionary programs for young offenders in State

PART 12 -- Enforcement of fines

Division 1 -- Preliminary matters  

• 120 Terms used

Division 2 -- Fines under law of State  

• 121 Request to enforce fine in another participating jurisdiction
 
• 122 Effect of making request
 
• 123 Receipt of money by Fines Registrar
 
• 124 Receipt of money from reciprocating agency
 
• 125 Resumption of enforcement by Fines Registrar

Division 3 -- Fines under law of another participating jurisdiction  

• 126 Request to enforce fine in State
 
• 127 Effect of registration
 
• 128 Receipt of money by reciprocating agency
 
• 129 Receipt of money by Fines Registrar
 
• 130 Request to cease enforcement of fine

PART 13 -- Office holders of participating jurisdictions

Division 1 -- Holding offices and exercising powers under law of other jurisdictions  

• 131 Secondary office holders and secondary offices
 
• 132 Office holders of State may be secondary office holders of another participating jurisdiction
 
• 133 Office holders of another participating jurisdiction may be secondary office holders of State
 
• 134 Prohibition against holding or exercising powers of another office not breached
 
• 135 Terms of appointment of secondary office holders under law of State

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

• 136 Appointment as magistrates of Magistrates Court
 
• 137 Appointment as magistrates of Children’s Court

PART 14 -- Miscellaneous matters  

• 138 Reporting accidents, producing driver’s licences etc. at police stations etc.
 
• 139A Operation of Coroners Act 1996 not affected
 
• 139 Application of Inspector of Custodial Services Act 2003
 
• 140 Power of Minister to enter agreements
 
• 141 Inconsistency between Act and agreement
 
• 142 Protection of office holders of State taking action in another participating jurisdiction
 
• 143 Protection of office holders of another participating jurisdiction taking action in State
 
• 144 Disclosure of information to authorities in another participating jurisdiction
 
• 145 Delegation by CEO (corrections)
 
• 146 Regulations
 
• 147 Review of this Act
  Uncommenced provisions table Defined terms