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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Cross-border Justice Bill 2009
A BILL FOR
An Act to facilitate the administration of justice in regions straddling
the State’s borders with Western Australia and the Northern Territory; to
make related amendments to the Bail Act 1985, the Magistrates
Court Act 1991 and the Youth Court Act 1993; and for other
purposes.
Contents
Part 1—Preliminary
Division 1—Preliminary matters
1 Short
title
2 Commencement
3 Act binds Crown
Division 2—Object of Act
4 Act gives effect
to cooperative schemes
5 Object of Act and how it is to be achieved
6 How
this Act is to be construed
Division
3—Interpretation
7 Interpretation
8 Meaning of
“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 Service and Execution of Process Act 1992 of
the 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 Meaning of “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
(Extraterritorial Offences) Act 1984
Division 2—Road traffic powers
Subdivision 1—Vehicle or driver licensing laws
38 Powers in
relation to offences
39 Other powers
Subdivision 2—Drink or drug-driving
laws
40 Interpretation
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 1
Division 3—Offence
48 Offence to interfere
with exercise of power
Part 4—Police officers of another participating
jurisdiction exercising powers in State
Division 1—Powers generally
49 Arrest
without warrant
50 Arrest under warrant
51 Person taken into
custody
52 Investigation of suspected or alleged offence or breach of
order
Division 2—Road traffic powers
Subdivision 1—Vehicle or driver licensing laws
53 Powers in
relation to offences
54 Other powers
Subdivision 2—Drink or drug-driving laws
55 Powers that may be
exercised in State
56 Preliminary alcohol or drug test cannot be conducted in
State
Subdivision 3—Vehicle impounding
laws
57 Interpretation
58 Powers
Subdivision 4—Miscellaneous matters
59 Law of State does not
apply
60 Relationship with Division 1
Division 3—Restraining orders
laws—WA
61 Meaning of "WA police order"
62 Making WA police
orders
63 Enforcement of WA police orders
Division 4—Restraining orders
laws—NT
64 Meaning of “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 Sheriff's Act 1978
77 Law of State
applies
Division 4—Registration of interstate restraining
orders
78 Part 2 Division 2 and Division 4 do not apply
79 Terms
used in this Division
80 Registration of WA restraining orders under SA
law
81 Registration of NT restraining orders under SA 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 Saving provision
85 Privileges,
protection and immunity of participants in proceedings
86 Court documents may
be lodged, served or issued in State
87 Application of Sheriff's
Act 1978
88 Law of State does not apply
Division 3—Registration of interstate restraining
orders
89 Part 2 Division 2 and Division 4 do not
apply
90 Registration of SA or NT restraining orders under WA
law
91 Registration of SA or WA 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
agreement
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 in this Part
96 Persons committed to detention or custody under WA
law
97 Persons detained under NT law
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
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 Sheriff's Act 1978
107 Application
of Correctional Services Act 1982
108 Application of Young
Offenders Act 1993
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 Sheriff's Act 1978
116 Application of
Correctional Services Act 1982
117 Application of Young
Offenders Act 1993
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 in this Part
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
Director
124 Receipt of money from reciprocating agency
125 Resumption of
enforcement by Fines Director
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 Director
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 Youth
Court
Part 14—Miscellaneous matters
138 Reporting
accidents, producing driver’s licences etc at police stations
etc
139 Jurisdiction of Coroner
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 Act
Schedule 1—Related amendments
Part 1—Preliminary
1 Amendment
provisions
Part 2—Amendment of Bail
Act 1985
2 Amendment of section 11—Conditions of
bail
Part 3—Amendment of Magistrates Court
Act 1991
3 Insertion of section
14A
14A Sitting or acting outside State
4 Amendment
of section 16—Time and place of sittings
Part 4—Amendment of Youth Court
Act 1993
5 Insertion of section
13A
13A Sitting or acting outside State
6 Amendment
of section 15—Time and place of sittings
The Parliament of South Australia enacts as
follows:
Division
1—Preliminary matters
This Act may be cited as the Cross-border Justice
Act 2009.
This Act comes into operation on a day to be fixed by
proclamation.
This Act binds the Crown in right of this State and also, so far as the
legislative power of the State extends, the Crown in all its other
capacities.
4—Act gives effect
to cooperative schemes
This Act gives effect to 1 or more cooperative schemes between the State
and 1 or both of the other participating jurisdictions for the purpose of
facilitating the administration of justice in 1 or more cross-border
regions.
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:
(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;
(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 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 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;
(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 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 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 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.
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 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 geographical area of the State.
Note for this Division—
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 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 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, Adelaide.
(1) In this Act, unless the contrary intention appears—
another participating jurisdiction means—
(a) Western Australia; or
(b) the Northern Territory;
appropriate modifications—
(a) of a law of the State—has the meaning given in section 13;
or
(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;
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—
(a) if the jurisdiction is the State—
(i) an order made under the section 28 of the Correctional Services
Act 1982; or
(ii) an order made under section 103; or
(iii) any other order made under the law of the 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 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 Chief Executive Officer under the
Correctional Services Act 1982;
community corrections officer, of a participating
jurisdiction, means—
(a) if the jurisdiction is the State—a community corrections officer
as defined by regulations made for the purposes of this definition; or
(b) if the jurisdiction is another participating jurisdiction—a
community corrections officer of 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 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
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
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);
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;
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
(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 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 training centre established
by the Minister under section 36 of the Family and Community Services
Act 1972; or
(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 to a person driving
or attempting to drive a vehicle—
(a) while under the influence of or impaired by alcohol, drugs or both;
or
(b) while alcohol, drugs or both are present in the person’s oral
fluid or blood;
Note—
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 driving or attempting to drive a
vehicle—
(a) while under the influence of or impaired by alcohol, drugs or both;
or
(b) while alcohol, drugs or both are present in the person’s oral
fluid or blood;
Note—
The definition of drink or drug-driving offence is affected
by subsection (2).
exercise, a power, includes to perform a function or
duty;
juvenile justice officer, of a participating jurisdiction,
means—
(a) if the jurisdiction is the State—a juvenile justice officer as
defined by regulations made for the purposes of this definition; 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.
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 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—
(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;
or
(ii) an order that a person be released from parole under Part 6 of
the Correctional Services Act 1982; or
(iii) an order for community service under the Criminal Law
(Sentencing) Act 1988; or
(iv) any other order or requirement of a kind brought within the ambit of
this definition by the regulations; or
(b) if the jurisdiction is another participating jurisdiction—a
non-custodial order of that other jurisdiction under its cross-border
laws;
office holder, of a participating jurisdiction,
means—
(a) if the jurisdiction is the State—a person who holds an office
under the law of the State; or
(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—
(a) the State; or
(b) another participating jurisdiction;
police officer, of a participating jurisdiction,
means—
(a) if the jurisdiction is the State—
(i) a member of South Australia Police under the Police
Act 1998 (including a community constable); or
(ii) a special constable under Part 9 of the Police
Act 1998; or
(b) if the jurisdiction is another participating jurisdiction—a
police officer of that other jurisdiction under its cross-border laws;
Note—
The definition of police officer is affected by
section 10.
power includes a function and a duty;
preliminary alcohol or drug test, under a participating
jurisdiction’s drink or drug-driving laws, means a test that may be
conducted under those laws for the purpose of providing a preliminary indication
of whether or not alcohol, drugs or both are present in the blood of the driver
or person in charge of a vehicle;
prescribed court, of a participating jurisdiction,
means—
(a) if the jurisdiction is the State—
(i) the Magistrates Court of South Australia; or
(ii) the Youth Court of South Australia 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 jurisdiction under its cross-border
laws;
prison, in a participating jurisdiction,
means—
(a) if the jurisdiction is the State—a prison within the meaning of
the Correctional Services Act 1982; or
(b) if the jurisdiction is another participating 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 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;
remand facility, in a participating jurisdiction, means a
police station, lock up, prison, detention centre or other place in the
jurisdiction in which persons on remand may be kept in custody;
restraining order, of a participating jurisdiction,
means—
(a) if the jurisdiction is the State—a domestic violence restraining
order under the Domestic Violence Act 1994 or a restraining order
under the Summary Procedure Act 1921; or
(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—
(a) if the jurisdiction is the State—the Domestic Violence
Act 1994 or the Summary Procedure Act 1921; or
(b) if the jurisdiction is another participating jurisdiction—the
restraining orders laws of that other jurisdiction under its cross-border
laws;
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 an instrument made under any written law of that jurisdiction and having
legislative effect;
take action means to do an act or make an omission;
vehicle impounding laws, of a participating jurisdiction,
means the provisions of the law of the jurisdiction relating to the impounding
or confiscation of vehicles used in connection with driving offences under the
law of the jurisdiction;
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—
(a) if the jurisdiction is the State—
(i) an Act of the State; or
(ii) any subsidiary legislation of the State; or
(b) if the jurisdiction is another participating
jurisdiction—
(i) an Act of that other jurisdiction for the time 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 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:
(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;
(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 Western Australia’s cross-border
laws:
(a) the Cross-border Justice Act 2008 (Western
Australia);
(b) any subsidiary legislation made under that Act;
(c) any other written law of Western Australia that makes express
provision in order to give effect to that Act;
(d) any other law of Western Australia with any appropriate
modifications;
(e) any other law of Western 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:
(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;
(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).
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.
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 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 being has the powers of that office.
11—References to
written laws of another participating jurisdiction
(1) In this section—
amended—
(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
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.
A note or example set out at the foot of a provision of this Act is
provided to assist understanding and does not form part of this Act.
Division
4—Modifications of other laws of State
Appropriate modifications of a law of the State are—
(a) any modifications of the law that are prescribed by the regulations;
and
(b) any other modifications of the law that are necessary or convenient to
give effect to this Act.
In order to give effect to this Act, a law of the State must be 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, 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.
(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
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.
(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 that jurisdiction or power, in the State.
(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 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 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 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
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
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 of the Commonwealth
The State’s cross-border laws are intended to provide alternative
procedures to those under the Service and Execution of Process Act 1992
of the Commonwealth and do not purport to exclude or limit the operation of that
Act.
Note—
If the Service and Execution of Process Act 1992 of the Commonwealth
provides 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.
18—Offences,
orders and requirements in relation to which 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 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
to do something under the law of a participating jurisdiction whether the
requirement arose before or after the commencement of this Act.
Division
1—Prescribing cross-border regions
19—Cross-border
regions to be prescribed
A cross-border region is a region that—
(a) straddles the border between the State and 1 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
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
(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—
(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
(ii) the person ordinarily resides or resided in the region; or
(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.
(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
(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 the purpose of deciding whether or not a person has committed an
offence under the law of a participating jurisdiction—
(a) if the jurisdiction is the State—section 5G of the
Criminal Law Consolidation Act 1935 applies; or
(b) if the jurisdiction is Western Australia—section 12 of the
Criminal Code of Western Australia applies; or
(c) if the jurisdiction is the Northern Territory—section 15 of
the Criminal Code of the Northern Territory 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 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.
(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
(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; 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 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 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—
(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.
(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 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 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
(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 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—
(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
(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—
(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
region; or
(ii) an appeal from such a proceeding; or
(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.
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 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.
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.
Division 3—Proving
connection with a cross-border region
In this Division—
proceeding means—
(a) a cross-border proceeding of a prescribed court of the 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.
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 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 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:
(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 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 in the region at that
time.
Division
4—Multiple cross-border regions
29—Application of
this Division
This Division applies if there are 2 or more cross-border regions of
which—
(a) 1 is partly in all 3 participating jurisdictions; and
(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
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
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
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 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, 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
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 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 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
(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 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 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 this Division—
1 The examples in this Act assume the
following 3 regions:
(a) a region straddling the State’s borders with Western Australia
and the Northern Territory (the SA/WA/NT region);
(b) a region straddling the State’s border with Western Australia
(the SA/WA region);
(c) a region straddling the State’s border with the Northern
Territory (the SA/NT region).
2 A person may have a connection with more
than 1 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 1 or another of those regions, having
regard to what best facilitates the administration of justice in those
regions.
Part 3—Police
officers of State exercising powers in another participating
jurisdiction
(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
(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.
(1) A police officer of the State may arrest a person in another
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.
(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 any of the
powers the magistrate has under the law of the State for the purpose of issuing
warrants for the arrest of persons.
(3) The law of the State applies (with any appropriate modifications) in
relation to the arrest and the warrant.
Examples—
1 A person is suspected of committing an
offence under SA law in the SA portion of the SA/WA/NT region. An SA magistrate
anywhere in SA, WA or the NT may issue a warrant for the person’s arrest.
An SA police officer may arrest the person under the warrant anywhere in SA, WA
or the NT.
2 A person who ordinarily resides in the
SA/WA region is suspected of committing an offence under SA law in Port Augusta.
An SA magistrate anywhere in SA or WA may issue a warrant for the person’s
arrest. An SA magistrate in the NT cannot issue a warrant. An SA police officer
may arrest the person under the warrant anywhere in SA or WA but not in the
NT.
3 A person who ordinarily resides in the
SA/NT region is suspected of committing an offence under SA law in the SA
portion of the SA/WA region. An SA magistrate anywhere in SA, WA or the NT may
issue a warrant for the person’s arrest. An SA police officer may arrest
the person under the warrant anywhere in SA, WA or the NT.
(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
(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—
(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 authorised under the law of the State as applied by
subsection (3).
(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
(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
(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.
(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 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;
(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);
(e) taking samples of things, and removing things, from the external and
internal parts of people’s bodies;
(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;
(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);
(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—
(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 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 order.
Examples—
1 A person is suspected of committing an
offence under SA law in the SA portion of the SA/WA/NT region. An SA police
officer may investigate the alleged offence anywhere in SA, WA or the NT. For
the purpose of the investigation of the alleged offence, an SA magistrate
anywhere in SA, WA or the NT may issue a warrant to search premises anywhere in
SA, WA or the NT.
2 A person is arrested in the SA/WA region
for an offence under SA law alleged to have been committed in Port Augusta. An
SA police officer may investigate the alleged offence anywhere in SA or WA but
not in the NT. For the purpose of the investigation of the alleged offence, an
SA magistrate anywhere in SA or WA may issue a warrant to search premises
anywhere in SA or WA but not in the NT. An SA magistrate in the NT cannot issue
a warrant.
3 A person is suspected of committing an
offence under SA law in the SA portion of the SA/NT region and is subsequently
arrested for the alleged offence in the SA/WA region. An SA police officer may
investigate the alleged offence anywhere in SA, WA or the NT. For the purpose of
the investigation of the alleged offence, an SA magistrate anywhere in SA, WA or
the NT may issue a warrant to search premises anywhere in SA, WA 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 under
section 34(2)(a) is released without charge.
(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.
(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
(Extraterritorial Offences) Act 1984
This Part does not affect the operation of the Criminal Investigation
(Extraterritorial Offences) Act 1984.
Division 2—Road
traffic powers
Subdivision
1—Vehicle or driver licensing laws
38—Powers
in relation to offences
(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, 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 participating
jurisdiction any of the powers the police officer has under the law of the State
in relation to the offence.
(1) In this section—
licensing powers, of a police officer of the State, means any
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 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
In this Subdivision, unless the contrary intention appears—
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 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
person in a part of the State that is in a cross-border 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) If—
(a) the person is required to provide the sample in 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 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 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 the State’s drink
or drug-driving laws.
Examples—
1 An SA police officer requires a person in the SA
portion of the SA/NT region to provide a sample of breath for a preliminary
alcohol test under SA's drink-driving laws. The police officer may require the
person to provide the sample in accordance with the testing procedures under
NT's drink-driving laws.
2 An SA police officer requires a person in the SA
portion of the SA/NT region to provide a sample of breath for a preliminary
alcohol test under SA's drink-driving laws. The same may be tested in accordance
with the testing procedures under NT's drink-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 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 committed,
or has alleged that a person has committed, a 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
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.
Example—
An SA police officer has required a person in the SA portion of the SA/WA
region to provide a sample of oral fluid for a preliminary drug test under SA's
drug-driving laws. The police officer suspects the person has committed a
drug-driving offence in the SA portion of the SA/WA region under the law of SA.
The police officer may require the person to provide a blood sample under SA's
drug-driving laws in WA.
43—Providing or
taking sample in another participating jurisdiction
(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 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.
(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 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 of that other jurisdiction is prima facie evidence of the matter
in a proceeding referred to in section 47K(18) of the Road Traffic
Act 1961;
(c) if a sample of breath or blood is tested, the analysis result is taken
to be the analysis result for the purposes of Part 3 Division 5 of the
Road Traffic Act 1961.
(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.
Examples—
1 An SA police officer requires a person in WA to provide
a blood sample under SA's drug-driving laws. The police officer may require the
person to provide the sample in accordance with the testing procedures under
WA's drug-driving laws.
2 An SA police officer requires a person in WA to provide
a blood sample under SA's drug-driving laws. The sample may be tested in
accordance with the testing procedures under WA's drug-driving laws.
44—Preliminary
alcohol or drug test cannot be conducted in 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.
Subdivision
3—Vehicle impounding laws
(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,
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 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
(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
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
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.
48—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 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.
(3) If the State offence is an indictable offence, the offence under
subsection (2) is also an indictable offence.
Part 4—Police
officers of another participating jurisdiction exercising powers in
State
(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
(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.
(1) A police officer of another participating jurisdiction may arrest a
person in the State under 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 under a warrant;
and
(b) the person has a connection with a cross-border region.
(2) A magistrate of another participating jurisdiction—
(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 jurisdiction for the purpose of
issuing warrants for the arrest of persons.
(3) The law of the State does not apply in relation to the arrest or the
warrant.
Examples—
1 A person is suspected of committing an
offence under WA law in the WA portion of the SA/WA/NT region. A WA magistrate
anywhere in SA may issue a warrant for the person’s arrest. A WA police
officer may arrest the person under the warrant anywhere in SA.
2 A person who ordinarily resides in the
SA/NT region is suspected of committing an offence under NT law in Katherine. An
NT magistrate anywhere in SA may issue a warrant for the person’s arrest.
An NT police officer may arrest the person under the warrant anywhere in
SA.
3 A person who ordinarily resides in the
SA/WA region is suspected of committing an offence under WA law in Kalgoorlie. A
WA magistrate anywhere in SA may issue a warrant for the person’s arrest.
A WA police officer may arrest the person under the warrant anywhere in
SA.
(1) Subsection (2) applies if—
(a) a police officer of another participating jurisdiction (the
arresting jurisdiction) arrests a person under the law of the
arresting jurisdiction—
(i) whether with or without a warrant; and
(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 arresting jurisdiction may—
(a) keep the person in custody in the State; and
(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 the arresting jurisdiction as applied by its cross-border laws.
(3) The law of the State does not apply in relation to the
custody.
52—Investigation
of suspected or alleged offence or breach of order
(1) This section applies if—
(a) a police officer of another participating jurisdiction (the
investigating jurisdiction)—
(i) suspects a person of having committed, or has alleged that a person
has committed, an offence under the law of the investigating jurisdiction;
or
(ii) suspects a person of having breached, or has alleged that a person
has breached, an order made under the law of the investigating jurisdiction;
and
(b) the person has a connection with a cross-border region.
(2) A police officer of the investigating jurisdiction
may—
(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.
(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;
(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 external and
internal parts of people’s bodies;
(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;
(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);
(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 investigating jurisdiction in the State or another
participating jurisdiction, a magistrate of the investigating
jurisdiction—
(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 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 investigation
or the warrant or order.
Examples—
1 A person is suspected of committing an offence under WA law in the WA
portion of the SA/WA/NT region. A WA police officer may investigate the alleged
offence anywhere in SA. For the purpose of the investigation of the alleged
offence, a WA magistrate anywhere in SA may issue a warrant to search premises
anywhere in SA, WA or the NT.
2 A person is arrested in the SA/NT region for an offence under NT law
alleged to have been committed in Katherine. An NT police officer may
investigate the alleged offence anywhere in SA. For the purpose of the
investigation of the alleged offence, an NT magistrate anywhere in SA may issue
a warrant to search premises anywhere in SA or the NT but not in WA.
3 A person who ordinarily resides in the SA/WA region is suspected of
committing an offence under WA law in Kalgoorlie. A WA police officer may
investigate the alleged offence in SA. For the purpose of the investigation of
the alleged offence, a WA magistrate anywhere in SA may issue a warrant to
search premises anywhere in SA or WA but not in the NT.
Division 2—Road
traffic powers
Subdivision
1—Vehicle or driver licensing laws
53—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 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 that other
jurisdiction in relation to the offence.
(1) In this section—
licensing powers, of a police officer of another
participating jurisdiction, means any of the powers the police officer has under
that other jurisdiction’s vehicle or driver licensing laws other than a
power to which section 53(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 other jurisdiction that is in a
cross-border region.
Subdivision
2—Drink or drug-driving laws
55—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
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—
(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.
(3) Subject to section 56, 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.
56—Preliminary
alcohol or drug test cannot be conducted in State
Section 55 does not authorise a police officer of another
participating jurisdiction to require a person in the State to 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
In this Subdivision—
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,
the offence for which the vehicle may or is required to be impounded or
confiscated.
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 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 effect to a
court order—the order was made by a prescribed court of that other
jurisdiction.
Subdivision
4—Miscellaneous matters
59—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.
60—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 exercise in the State.
Division
3—Restraining orders laws—WA
61—Meaning of "WA
police order"
In this Division—
WA police order means an order made by a police officer of
Western Australia under Western Australia's restraining orders laws.
(1) A police officer of Western Australia may make a WA police order in
the State if the person against whom the order is 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.
63—Enforcement of
WA police orders
(1) This section applies if—
(a) a person in the State is a person 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 Western Australia may exercise the police
officer's powers in relation to the person against whom the order is
made.
(3) The law of the State does not apply in relation to those
powers.
Division
4—Restraining orders laws—NT
64—Meaning of
“NT police order”
In this Division—
NT police order means an order made by a police officer of
the Northern Territory under the Northern Territory’s restraining orders
laws.
(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 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.
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
(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.
(3) The law of the State does not apply in relation to those
powers.
Part 5—Prescribed
courts of State exercising cross-border jurisdiction
Division
1—Preliminary matters
67—Operation of
courts outside State not limited
This Part does not limit, and applies subject to, the following:
(a) section 16 of the Magistrates Court
Act 1991;
(b) section 15 of the Youth Court Act 1993.
Division
2—Jurisdiction and powers of courts
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 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):
(a) in the criminal jurisdiction of the Magistrates Court of South
Australia;
(b) in the criminal jurisdiction of the Youth Court of South
Australia;
(c) under the Bail Act 1985;
(d) under the Criminal Law (Sentencing) Act 1988;
(e) under the Young Offenders Act 1993;
(f) under the Domestic Violence Act 1994;
(g) under the Summary Procedure Act 1921;
(h) under the Firearms Act 1977;
(i) under the Motor Vehicles Act 1959;
(j) under the Road Traffic Act 1961 in respect of the
imposition or removal of a disqualification from holding or obtaining a
driver’s licence;
(k) under the Criminal Law (Clamping, Impounding and Forfeiture of
Vehicles) Act 2007;
(l) prescribed by the regulations.
(3) To avoid doubt, a prescribed court of the State can only hear and
determine in another participating jurisdiction a proceeding that the court can
hear and determine in the State.
(4) For the purposes of this section, a reference to a prescribed court
includes a reference to a member or registrar of a prescribed court exercising a
power or function under or for the purposes of an Act referred to in
subsection (2).
Examples—
1 A person is charged with an offence
under SA law alleged to have been committed in the SA portion of the SA/WA/NT
region. The charge may be heard by an SA magistrate sitting anywhere in SA, WA
or the NT.
2 A person who ordinarily resides in the
SA/WA region is charged with 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 SA or WA but not in the NT.
3 A person is arrested in the SA/WA/NT
region for an offence under SA law alleged to have been committed in Adelaide
(the SA/WA/NT charge). The person also has an outstanding charge
for an offence under SA law alleged to have been committed in the SA portion of
the SA/NT region (the SA/NT charge). The SA/WA/NT charge may be
heard by an SA magistrate sitting anywhere in SA, WA or the NT. The SA/NT charge
may be heard by an SA magistrate sitting anywhere in SA or the NT. It may also
be heard by an SA magistrate sitting anywhere in WA, but only if it is heard
with the SA/WA/NT charge.
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
(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 exercise in the State, including powers in
relation to the following:
(a) compelling witnesses;
(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 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
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.
The practice and procedure of a prescribed court of the State apply (with
any appropriate modifications) when the court is exercising its cross-border
jurisdiction.
The rules of evidence applied by a prescribed court of the State apply
(with any appropriate modifications) when the court is exercising its
cross-border jurisdiction.
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 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
(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).
(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
73—Legal
practitioners of another participating jurisdiction entitled to appear
etc
(1) 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 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 jurisdiction for the purposes
of the proceeding.
(2) A person who is authorised under section 48 of the Aboriginal
Affairs Planning Authority Act 1972 (Western Australia) is entitled to
appear for a person of Aboriginal descent, within the meaning given in section 4
of that Act, in a cross-border proceeding of a prescribed court of the State if
the person who is the subject of the proceeding has a connection with a
cross-border region that is partly in Western Australia for the purposes of the
proceeding.
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.
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 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 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 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 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.
76—Application of
Sheriff's Act 1978
Part 3 of the Sheriff's Act 1978 does not apply in relation to
any premises or other place in another participating jurisdiction used for the
purposes of a cross-border proceeding of a prescribed court of the
State.
Except to the extent this Act provides differently, the law of the State
applies (with any appropriate modifications) in relation to the exercise by a
prescribed court of the State of its cross-border jurisdiction.
Division
4—Registration of interstate restraining orders
78—Part 2
Division 2 and Division 4 do not apply
Part 2 Division 2 and Division 4 do not apply in relation to a power in
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;
register means to register under the Domestic Violence
Act 1994 or Part 4 Division 7 of the Summary Procedure
Act 1921;
WA restraining order means a restraining order of Western
Australia.
80—Registration
of WA restraining orders under SA law
A registrar of the Magistrates Court may register a WA 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 Western 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 that other jurisdiction; or
(b) the person against whom, or for whose benefit, the order was made
ordinarily resides in that other jurisdiction.
81—Registration
of NT restraining orders under SA law
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 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.
Examples—
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 SA/NT region. The Darwin registry is a registry of the SA
Magistrates Court. Exercising the powers of a registrar of the SA Magistrates
Court, a registry officer registers the order under SA’s restraining
orders laws.
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 SA Magistrates Court. Exercising the
powers of a registrar of the SA Magistrates Court, a registry officer registers
the order under SA’s restraining orders laws.
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
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.
Examples—
1 A person is charged with an offence
under NT law alleged to have been committed in the NT portion of the SA/WA/NT
region. The charge may be heard by an NT magistrate sitting anywhere in
SA.
2 A person who ordinarily resides in the
SA/WA 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
anywhere in SA.
3 A person is arrested in the SA/WA/NT
region for an offence alleged to have been committed under NT law in Darwin. The
person also has an outstanding charge for an offence under NT law alleged to
have been committed in the NT portion of the SA/NT region. Both charges may be
heard by an NT magistrate sitting anywhere in SA.
83—Exercise of
jurisdiction and powers
(1) A prescribed court of another participating jurisdiction
may—
(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 that other jurisdiction, including
powers in relation to the following:
(a) compelling witnesses;
(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
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 not the proceeding is heard and
determined in the State.
Division
2—Miscellaneous matters relating to cross-border
proceedings
Despite any other Act or law, a person may be 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.
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 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,
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
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 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.
87—Application of
Sheriff's Act 1978
Part 3 of the Sheriff's Act 1978 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 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 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.
Division
3—Registration of interstate restraining orders
89—Part 2
Division 2 and Division 4 do not apply
Part 2 Division 2 and Division 4 do not apply in relation to a power in
respect of which this Division applies.
90—Registration
of SA or NT restraining orders under WA 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;
register means to register under the restraining orders laws
of Western Australia.
(2) A registrar of the Magistrates Court of Western Australia may register
an interstate restraining order in the State if—
(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 Western Australia; or
(b) the person against whom, or for whose benefit, the order was made
ordinarily resides in Western Australia.
91—Registration
of SA or WA restraining orders under NT law
(1) In this section—
interstate restraining order means—
(a) a restraining order of the State; or
(b) a restraining order of Western 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—
(a) the order was made, amended or varied in a cross-border proceeding of
a prescribed court of the State or Western 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 Territory; or
(b) the person against whom, or for whose benefit, the order was made
ordinarily resides in the Northern Territory.
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
officer of the State in another participating jurisdiction under
section 34(2)(a).
(2) The Bail Act 1985 applies (with any appropriate
modifications) in relation to the person.
93—Offence to
fail to comply with bail agreement
(1) Subsection (2) applies if—
(a) a person in another participating jurisdiction fails to comply with a
bail agreement entered into by the person under the Bail Act 1985;
and
(b) 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)(b).
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
(1) Subsection (2) applies if a person is in the custody of a police
officer of another participating jurisdiction in the State under
section 51(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 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 1985 does not apply in relation to the
person.
Part 9—Mentally
impaired accused
In this Part—
NT proceeding means—
(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;
State treatment centre means an approved treatment centre
under the Mental Health Act 1993;
WA proceeding means—
(a) a cross-border proceeding of a prescribed court of Western Australia
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.
96—Persons
committed to detention or custody under WA law
(1) If, in a WA proceeding, the person who is the subject of the
proceeding is required by a hospital order made under section 5(2) of the
Criminal Law (Mentally Impaired Accused) Act 1996 (Western Australia) to
be—
(a) detained in a State treatment centre; or
(b) kept in custody in another place in the State,
the person may be detained in the treatment centre, or kept in custody in
the place, in accordance with the order.
(2) If—
(a) in a WA proceeding, a custody order as defined in section 3 of the
Criminal Law (Mentally Impaired Accused) Act 1996 (Western Australia) is
made in respect of the person who is the subject of the proceeding;
and
(b) the person is required under section 24(1) or 25(2) of that Act to be
detained in a State treatment centre or another place in the State,
the person may be detained in the treatment centre or other place in
accordance with the order.
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—
(a) section 74 or 75 of the Mental Health and Related Services
Act (Northern Territory); or
(b) section 79 or 80 of the Sentencing Act (Northern
Territory),
to be detained in a State treatment centre, the person may be detained in
the treatment centre in accordance with the order.
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
(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 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 of
another participating jurisdiction under subsection (1), the person is
taken to be serving the sentence.
A judicial officer or registrar of the court sentencing a person to whom
section 98 applies may issue a warrant of commitment 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.
100—Remanded
in custody in State or another participating 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 in accordance with the order remanding the
person if the person has a connection with a cross-border region.
A judicial officer or registrar of the court remanding a person to 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.
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.
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 or quasi judicial
functions or otherwise acts judicially, and includes—
(a) a Royal Commission under the Royal Commissions Act 1917;
and
(b) any other entity brought within the ambit of this definition by the
regulations;
proceedings, of a judicial body of the State, includes
anything done in the performance of the functions of the judicial
body.
(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 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
(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 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.
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 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 the charge of an authorised officer;
and
(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 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—
(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 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 out a
custodial order of the State in the State or another participating
jurisdiction.
106—Application
of Sheriff's
Act 1978
The Sheriff's Act 1978 does not apply in relation to a person
in custody in another participating jurisdiction under this Part.
107—Application
of Correctional Services
Act 1982
The Correctional Services Act 1982 does not apply in relation
to a person in custody in a prison in another participating jurisdiction under
this Part.
108—Application
of Young Offenders
Act 1993
(1) The prescribed provisions of the Young Offenders Act 1993
do not apply in relation to a person in custody in a detention centre in another
participating jurisdiction under this Part.
(2) For subsection (1), the prescribed provisions are provisions
prescribed by the regulations for the purposes of this section.
Division
2—Non-custodial sentences and orders
109—Carrying out
non-custodial orders in another participating 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.
(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 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
(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 Part 2 of the Young Offenders
Act 1993 in relation to an alleged offender who has a connection with a
cross-border region.
(2) The law of the State applies (with any appropriate modifications) in
relation to those powers.
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
(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.
(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 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 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).
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.
(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 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 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 that
custody.
115—Application
of Sheriff's
Act 1978
The Sheriff's Act 1978 applies in relation to a person in
custody in the State under this Division.
116—Application
of Correctional Services
Act 1982
The Correctional Services Act 1982 applies in relation to a
person in custody in a prison in the State under this Division.
117—Application
of Young Offenders
Act 1993
(1) The prescribed provisions of the Young Offenders Act 1993
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 provisions
prescribed by the regulations for the purposes of this section.
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 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 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.
119—Conducting
diversionary programs for young offenders in State
(1) A police officer, juvenile justice officer or other office holder of
Western Australia may exercise in the State any of the powers the office holder
has under Part 5 of the Young Offenders Act 1994 (Western
Australia) 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 Part 3 of the Youth Justice Act (Northern
Territory) 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.
Division
1—Preliminary matters
In this Part—
fine includes a pecuniary penalty, pecuniary forfeiture,
pecuniary compensation and fees, charges and costs payable under a conviction or
order—
(a) of a prescribed court of a participating jurisdiction; or
(b) in an appeal from such a proceeding;
Fines Director means the person who holds the office of
Manager, Penalty Management under the Criminal Law (Sentencing)
Act 1988;
fines enforcement agency, of another participating
jurisdiction, means—
(a) if the jurisdiction is Western Australia—the Registrar of the
Fines Enforcement Registry under the Fines, Penalties and Infringement
Notices Enforcement Act 1994 (Western Australia); or
(b) if the jurisdiction is the Northern Territory—the Fines Recovery
Unit as defined in the Fines and Penalties (Recovery) Act (Northern
Territory).
Division 2—Fines
under law of State
121—Request to
enforce fine in another participating jurisdiction
(1) The Fines Director may request the fines enforcement agency of another
participating jurisdiction (the reciprocating agency) to enforce a
fine that is payable under Part 9 Division 3 of the Criminal Law (Sentencing)
Act 1988 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
(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.
On making the request, the Fines Director must not take any action or
further action to enforce the fine under the Criminal Law (Sentencing)
Act 1988 unless section 125 applies.
123—Receipt of
money by Fines Director
If, subsequent to making the request, the Fines Director receives from the
offender any money in whole or part satisfaction of the fine, the Fines Director
must notify the reciprocating agency in writing of the payment.
124—Receipt of
money from reciprocating agency
If, subsequent to making the request, the Fines Director receives from the
reciprocating agency any money in whole or part satisfaction of the fine, the
Fines Director must apply the money as if it had been received from the offender
in whole or part satisfaction of the fine.
125—Resumption
of enforcement by Fines Director
Subsequent to making the request, the Fines Director may take action or
further action to enforce the fine under the Criminal Law (Sentencing)
Act 1988 only if the Fines Director—
(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.
Division 3—Fines
under law of another participating jurisdiction
126—Request
to enforce fine in State
(1) If the Fines Director receives a request in accordance with
subsection (2) from the fines enforcement agency of another participating
jurisdiction (the reciprocating agency) to enforce a fine imposed
on an offender who has a connection with a cross-border region, the Fines
Director must register the fine for the purposes of this Act in such manner as
the Fines Director thinks fit.
(2) The request must be in writing and accompanied by—
(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
region.
On registration of the fine under section 126(1), subject to
subsection (2), the Fines Director may enforce the fine under Part 9
Division 3 of the Criminal Law (Sentencing) Act 1988 as if it were a
pecuniary sum recoverable under that Act.
128—Receipt
of money by reciprocating agency
If, subsequent to registration of the fine under section 126(1), the
Fines Director receives written notice from the reciprocating agency that the
offender has paid an amount in whole or part satisfaction of the fine, the Fines
Director—
(a) must record the payment; and
(b) may take action or further action to enforce only the amount of the
fine outstanding.
129—Receipt
of money by Fines Director
If, subsequent to registration of the fine under section 126(1), the
Fines Director 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 Director to enforce the
fine under the Criminal Law (Sentencing) Act 1988,
the Fines Director 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 Director—
(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 Director
will not take any action or further action to enforce the fine.
(2) The Fines Director must—
(a) advise the reciprocating agency of the amount of the fine outstanding,
taking into account—
(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 Director in whole or part
satisfaction of the fine as a result of any action taken by the Fines Director
to enforce the fine under the Criminal Law (Sentencing) Act 1988;
and
(iii) any reduction (calculated in accordance with the regulations) of the
amount of the fine as a consequence of any action taken by the Fines Registrar
to enforce the fine under the Criminal Law (Sentencing) Act 1988;
and
(b) remit to the reciprocating agency any money received by the Fines
Director in whole or part satisfaction of the fine that has not already been
remitted under section 129; and
(c) not take any action or further action to enforce the fine under the
Criminal Law (Sentencing) Act 1988.
(3) On receiving or making a request under this section, the fine ceases
to be registered under section 126(1).
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
(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 1 of the other participating
jurisdictions.
(2) A secondary office is an office held under the law of a participating
jurisdiction by a secondary office holder.
Example—
WA and NT police officers who are appointed as SA police officers under the
Police Act 1998 will be secondary office holders of SA.
132—Office
holders of State may be secondary office holders of another participating
jurisdiction
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 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.
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 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 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) 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 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
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.
(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 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
The Magistrates Act 1983 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 Youth Court
The Youth Court Act 1993 applies (with any appropriate
modifications) in relation to the appointment of magistrates of another
participating jurisdiction to be magistrates of the Youth Court of South
Australia.
138—Reporting
accidents, producing driver’s licences etc at police stations
etc
(1) In this section—
road traffic laws, of a participating jurisdiction,
means—
(a) if the jurisdiction is the State—the Road Traffic
Act 1961; or
(b) if the jurisdiction is another participating jurisdiction—the
road traffic laws of that other 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.
(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.
(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
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 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.
(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.
Note—
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.
This Act does not affect the operation of the Coroners Act 2003
in relation to the investigation of the death of a person.
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 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.
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.
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 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 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 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
(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—
(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.
(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.
(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 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 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.
(1) The Governor may make such regulations as are contemplated by, or
necessary or expedient for the purposes of, this Act.
(2) The regulations may—
(a) be of general or limited application, or vary in their application
according to prescribed factors;
(b) provide that a matter or thing be determined according to the
discretion of a Minister or any other prescribed person or body.
(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
(b) cause a copy of the report to be laid before each House of
Parliament,
within 4 years after the commencement of this Act.
Part 1—Preliminary
In this Schedule, a provision under a heading referring to the amendment of
a specified Act amends the Act so specified.
Part 2—Amendment of Bail
Act 1985
2—Amendment of
section 11—Conditions of bail
Section 11—after subsection (11) insert:
(12) A condition of bail may relate to a place or circumstances outside
the State.
Part 3—Amendment of Magistrates Court
Act 1991
After section 14 of the Act insert:
14A—Sitting or acting outside
State
(1) If the Court is required to perform its functions at a place outside
the State, the Minister may appoint as a member of the non-judicial staff of the
Court at the place—
(a) a person who holds office as a registrar or other officer of a court
of the jurisdiction in which the place is located; or
(b) any other person.
(2) The Courts Administration Act 1993
applies—
(a) with any modifications and exclusions required by the context;
and
(b) with prescribed modifications and exclusions,
in relation to an appointment (and to the person subject to an appointment)
under subsection (1).
(3) The conditions of service of a person appointed under
subsection (1) will be as determined by the Minister.
(4) A person appointed under subsection (1)(a) ceases to hold office
if the person ceases to hold office as an officer of the court of the other
jurisdiction.
(5) A member of the Court's administrative and ancillary staff may, with
the approval of the State Courts Administrator, concurrently hold office as an
officer of a court of another jurisdiction.
4—Amendment of
section 16—Time and place of sittings
Section 16(4)—after "places" insert:
(either within or outside the State)
Part 4—Amendment of Youth Court
Act 1993
After section 13 of the Act insert:
13A—Sitting or acting outside
State
(1) If the Court is required to perform its functions at a place outside
the State, the Minister may appoint as a member of the non-judicial staff of the
Court at the place—
(a) a person who holds office as a registrar or other officer of a court
of the jurisdiction in which the place is located; or
(b) any other person.
(2) The Courts Administration Act 1993
applies—
(a) with any modifications and exclusions required by the context;
and
(b) with prescribed modifications and exclusions,
in relation to an appointment (and to the person subject to an appointment)
under subsection (1).
(3) The conditions of service of a person appointed under
subsection (1) will be as determined by the Minister.
(4) A person appointed under subsection (1)(a) ceases to hold office
if the person ceases to hold office as an officer of the court of the other
jurisdiction.
(5) A member of the Court's administrative and ancillary staff may, with
the approval of the State Courts Administrator, concurrently hold office as an
officer of a court of another jurisdiction.
6—Amendment of
section 15—Time and place of sittings
Section 15—after subsection (3) insert:
(4) Registries of the Court will be maintained at such places (either
within or outside the State) as the Governor may determine.