Western Australian Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


CROSS-BORDER JUSTICE BILL 2007

                    Western Australia


      Cross-border Justice Bill 2007

                       CONTENTS


      Part 1 -- Introduction
      Division 1 -- Preliminary matters
1.    Short title                                            2
2.    Commencement                                           2
3.    Act binds Crown                                        2
      Division 2 -- Object of this Act
4.    Act gives effect to cooperative schemes                2
5.    Object of Act and how it is to be achieved             2
6.    How this Act is to be construed                        4
      Division 3 -- Interpretation
7.    Terms used in this Act                                 4
8.    Meaning of "cross-border laws"                        12
9.    Persons who exercise powers are office holders        13
10.   References to office holders                          14
11.   References to written laws of another participating
      jurisdiction                                          14
12.   Use of notes and examples                             14
      Division 4 -- Modifications of other laws of
             State
13.   Appropriate modifications                             14
14.   Effect of modifications                               15
      Division 5 -- Relationship between State's
             cross-border laws and other laws
15.   Law of another participating jurisdiction: office
      holders, prescribed courts, persons serving
      sentences                                             15
16.   Law of another participating jurisdiction: other
      persons required to do things                         16


                         236--2                              page i
Cross-border Justice Bill 2007



Contents



      17.     Service and Execution of Process Act 1992
              (Commonwealth)                                        16
              Division 6 -- Application
      18.     Offences, orders and requirements in relation to
              which State's cross-border laws apply                 17
              Part 2 -- Cross-border regions
              Division 1 -- Prescribing cross-border regions
      19.     Cross-border regions to be prescribed                 18
              Division 2 -- Connection with a cross-border
                     region
      20.     Persons suspected of, alleged to have committed or
              found guilty of offences                              18
      21.     Persons against whom orders of prescribed courts
              are in force                                          19
      22.     Connection for purposes of making restraining
              orders                                                21
      23.     Persons serving sentences or carrying out orders in
              respect of offences or alleged offences               21
      24.     Other persons required to do things                   22
      25.     Connections are not mutually exclusive                22
              Division 3 -- Proving connection with a
                     cross-border region
      26.     Meaning of "proceeding"                               22
      27.     Onus of proving person's whereabouts at time of
              arrest                                                23
      28.     Onus of proving person's residency during
              cross-border proceeding                               23
              Division 4 -- Multiple cross-border regions
      29.     Application of this Division                          23
      30.     Office holders, prescribed courts, persons serving
              sentences                                             24
      31.     Other persons required to do things                   25




page ii
                                       Cross-border Justice Bill 2007



                                                            Contents



      Part 3 -- Police officers of State
           exercising powers in another
           participating jurisdiction
      Division 1 -- Powers generally
32.   Arrest without warrant                                   26
33.   Arrest under warrant                                     26
34.   Person taken into custody                                27
35.   Investigation of suspected or alleged offence or
      breach of order                                          28
36.   Return of person not charged to place of arrest or
      other place                                              30
37.   Relationship of this Part with Criminal
      Investigation (Extra-territorial Offences) Act 1987      30
      Division 2 -- Road traffic powers
      Subdivision 1 -- Vehicle or driver licensing laws
38.   Powers in relation to offences                           30
39.   Other powers                                             31
      Subdivision 2 -- Drink or drug-driving laws
40.   Terms used in this Subdivision                           31
41.   Conduct of preliminary alcohol or drug test in
      cross-border region                                      31
42.   Powers that may be exercised in another
      participating jurisdiction                               32
43.   Providing or taking sample in another participating
      jurisdiction                                             33
44.   Preliminary alcohol or drug test cannot be
      conducted in another participating jurisdiction          34
      Subdivision 3 -- Vehicle impounding laws
45.   Powers                                                   34
      Subdivision 4 -- Miscellaneous matters
46.   Law of State applies                                     35
47.   Relationship with Division 1                             35
      Division 3 -- Restraining orders laws
48.   Meaning of "WA police order"                             35
49.   Making of WA police orders                               35
50.   Enforcement of WA police orders                          36



                                                              page iii
Cross-border Justice Bill 2007



Contents



              Division 4 -- Offence
      51.     Offence to interfere with exercise of power           36
              Part 4 -- Police officers of another
                   participating jurisdiction
                   exercising powers in State
              Division 1 -- Powers generally
      52.     Arrest without warrant                                38
      53.     Arrest under warrant                                  38
      54.     Person taken into custody                             39
      55.     Investigation of suspected or alleged offence or
              breach of order                                       40
      56.     Relationship of this Division with Criminal
              Investigation (Identifying People) Act 2002 Part 12   42
              Division 2 -- Road traffic powers
              Subdivision 1 -- Vehicle or driver licensing laws
      57.     Powers in relation to offences                        42
      58.     Other powers                                          43
              Subdivision 2 -- Drink or drug-driving laws
      59.     Powers that may be exercised in State                 43
      60.     Preliminary alcohol or drug test cannot be
              conducted in State                                    44
              Subdivision 3 -- Vehicle impounding laws
      61.     Powers                                                44
              Subdivision 4 -- Miscellaneous matters
      62.     Law of State does not apply                           45
      63.     Relationship with Division 1                          45
              Division 3 -- Restraining orders laws
      64.     Meaning of "NT police order"                          45
      65.     Making NT police orders                               45
      66.     Enforcement of NT police orders                       46
              Part 5 -- Prescribed courts of State
                   exercising cross-border
                   jurisdiction
              Division 1 -- Preliminary matters
      67.     Operation of courts outside State not limited         47


page iv
                                   Cross-border Justice Bill 2007



                                                        Contents



      Division 2 -- Jurisdiction and powers of courts
68.   Proceedings that may be heard in another
      participating jurisdiction                           47
69.   Exercise of jurisdiction and powers                  49
70.   Practice and procedure                               49
71.   Rules of evidence                                    49
72.   Offence to fail to comply with order, judgment,
      warrant or summons                                   50
      Division 3 -- Miscellaneous matters relating to
             cross-border proceedings
73.   Legal practitioners of another participating
      jurisdiction entitled to appear etc.                 50
74.   Court documents may be lodged, served or issued
      in another participating jurisdiction                51
75.   Court documents in wrong form do not invalidate
      proceedings or decisions                             51
76.   Application of Court Security and Custodial
      Services Act 1999                                    52
77.   Law of State applies                                 52
      Division 4 -- Registration of interstate
             restraining orders
78.   Part 2 Divisions 2 and 4 do not apply                52
79.   Terms used in this Division                          52
80.   Registration of SA restraining orders under WA
      law                                                  52
81.   Registration of NT restraining orders under WA
      law                                                  53
      Part 6 -- Prescribed courts of
           another participating
           jurisdiction exercising
           cross-border jurisdiction
      Division 1 -- Jurisdiction and powers of courts
82.   Proceedings that may be heard in State               55
83.   Exercise of jurisdiction and powers                  55
      Division 2 -- Miscellaneous matters relating to
            cross-border proceedings
84.   Exception to Criminal Code Act 1913 section 4        56


                                                          page v
Cross-border Justice Bill 2007



Contents



      85.     Privileges, protection and immunity of participants
              in proceedings                                         56
      86.     Court documents may be lodged, served or issued
              in State                                               57
      87.     Application of Court Security and Custodial
              Services Act 1999                                      57
      88.     Law of State does not apply                            57
              Division 3 -- Registration of interstate
                     restraining orders
      89.     Part 2 Divisions 2 and 4 do not apply                  58
      90.     Registration of WA or NT restraining orders under
              SA law                                                 58
      91.     Registration of WA or SA restraining orders under
              NT law                                                 59
              Part 7 -- Bail of persons in custody
                   under law of State
      92.     Police officer of State may exercise powers in
              another participating jurisdiction                     60
      93.     Offence to fail to comply with bail undertaking        60
              Part 8 -- Bail of persons in custody
                   under law of another
                   participating jurisdiction
      94.     Police officer of another participating jurisdiction
              may exercise powers in State                           61
              Part 9 -- Mentally impaired accused
      95.     Terms used in this Part                                62
      96.     Persons committed to detention or custody under
              SA law                                                 62
      97.     Persons detained under NT law                          63




page vi
                                        Cross-border Justice Bill 2007



                                                             Contents



       Part 10 -- Sentences and orders
            under law of State
       Division 1 -- Custodial sentences and orders
       Subdivision 1 -- Sentences of imprisonment or
             detention
98.    Serving sentence in State or another participating
       jurisdiction                                             64
99.    Warrant of commitment                                    64
       Subdivision 2 -- Remand
100.   Remanded in custody in State or another
       participating jurisdiction                               64
101.   Remand warrant                                           65
102.   Law of State applies                                     65
       Subdivision 3 -- Bring up orders
103.   Bringing prisoner or detainee in another
       participating jurisdiction before judicial body of
       State                                                    65
104.   Custody of person brought up from prison or
       detention centre in another participating
       jurisdiction                                             66
       Subdivision 4 -- Miscellaneous matters
105.   Carrying out custodial orders                            67
106.   Application of Court Security and Custodial
       Services Act 1999                                        67
107.   Application of Prisons Act 1981                          67
108.   Application of Young Offenders Act 1994                  68
       Division 2 -- Non-custodial sentences and
              orders
109.   Carrying out non-custodial orders in another
       participating jurisdiction                               68
110.   Conducting diversionary programs for young
       offenders in another participating jurisdiction          68




                                                              page vii
Cross-border Justice Bill 2007



Contents



              Part 11 -- Sentences and orders
                   under law of another
                   participating jurisdiction
              Division 1 -- Custodial sentences and orders
      111.    Serving sentence of imprisonment or detention in
              State                                                 70
      112.    Remanded in custody in State                          70
      113.    Carrying out custodial orders                         70
      114.    Effect of bring up order if person in custody under
              law of State                                          71
      115.    Application of Court Security and Custodial
              Services Act 1999                                     71
      116.    Application of Prisons Act 1981                       71
      117.    Application of Young Offenders Act 1994               71
              Division 2 -- Non-custodial sentences and
                     orders
      118.    Carrying out non-custodial orders in State            72
      119.    Conducting diversionary programs for young
              offenders in State                                    72
              Part 12 -- Enforcement of fines
              Division 1 -- Preliminary matters
      120.    Terms used in this Part                               73
              Division 2 -- Fines under law of State
      121.    Request to enforce fine in another participating
              jurisdiction                                          73
      122.    Effect of making request                              74
      123.    Receipt of money by Fines Registrar                   74
      124.    Receipt of money from reciprocating agency            74
      125.    Resumption of enforcement by Fines Registrar          75
              Division 3 -- Fines under law of another
                     participating jurisdiction
      126.    Request to enforce fine in State                      75
      127.    Effect of registration                                75
      128.    Receipt of money by reciprocating agency              76
      129.    Receipt of money by Fines Registrar                   76
      130.    Request to cease enforcement of fine                  76



page viii
                                       Cross-border Justice Bill 2007



                                                               Contents



       Part 13 -- Office holders of
            participating jurisdictions
       Division 1 -- Holding offices and exercising
             powers under law of other jurisdictions
131.   Secondary office holders and secondary offices            78
132.   Office holders of State may be secondary office
       holders of another participating jurisdiction             78
133.   Office holders of another participating jurisdiction
       may be secondary office holders of State                  78
134.   Prohibition against holding or exercising powers of
       another office not breached                               79
135.   Terms of appointment of secondary office holders
       under law of State                                        79
       Division 2 -- Appointment of magistrates of
             another participating jurisdiction to be
             magistrates of State
136.   Appointment as magistrates of Magistrates Court           80
137.   Appointment as magistrates of Children's Court            80
       Part 14 -- Miscellaneous matters
138.   Reporting accidents, producing driver's licences
       etc. at police stations etc.                              81
139.   Application of Inspector of Custodial Services
       Act 2003                                                  82
140.   Power of Minister to enter agreements                     82
141.   Inconsistency between Act and agreement                   82
142.   Protection of office holders of State taking action
       in another participating jurisdiction                     83
143.   Protection of office holders of another participating
       jurisdiction taking action in State                       83
144.   Disclosure of information to authorities in another
       participating jurisdiction                                83
145.   Delegation by CEO (corrections)                           84
146.   Regulations                                               84
147.   Review of this Act                                        84




                                                                page ix
Cross-border Justice Bill 2007



Contents



              Part 15 -- Consequential
                   amendments to other legislation
              Division 1 -- Children's Court of Western
                    Australia Act 1988 amended
     148.     The Act amended                            85
     149.     Section 10 amended                         85
     150.     Section 12 amended                         85
     151.     Section 13 amended                         85
     152.     Section 16 amended                         86
     153.     Section 29 amended                         87
              Division 2 -- Magistrates Court Act 2004
                    amended
     154.     The Act amended                            87
     155.     Section 8 amended                          87
     156.     Section 15 amended                         88
     157.     Section 26 amended                         88
     158.     Schedule 1 amended                         89
              Defined Terms




page x
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                      (As amended in Committee)


             Cross-border Justice Bill 2007


                               A Bill for


An Act to facilitate the administration of justice in regions straddling
the State's borders with South Australia and the Northern Territory,
and for related purposes.



The Parliament of Western Australia enacts as follows:




                                                                 page 1
     Cross-border Justice Bill 2007
     Part 1         Introduction
     Division 1     Preliminary matters
     s. 1



                              Part 1 -- Introduction
                        Division 1 -- Preliminary matters
     1.         Short title
                This is the Cross-border Justice Act 2007.

 5   2.         Commencement
                This Act comes into operation as follows:
                 (a) sections 1 and 2 -- on the day on which this Act
                       receives the Royal Assent;
                 (b) the rest of the Act -- on a day fixed by proclamation,
10                     and different days may be fixed for different provisions.

     3.         Act binds Crown
                This Act binds the State and, so far as the legislative power of
                the State permits, the Crown in all its other capacities.

                          Division 2 -- Object of this Act
15   4.         Act gives effect to cooperative schemes
                This Act gives effect to one or more cooperative schemes
                between the State and one or both of the other participating
                jurisdictions for the purpose of facilitating the administration of
                justice in one or more cross-border regions.

20   5.         Object of Act and how it is to be achieved
          (1)   The object of this Act is to facilitate the administration of justice
                in the cross-border regions.
          (2)   The object is to be achieved mainly by enabling the following
                things to be done --
25                (a) police officers, magistrates and other office holders of
                        the State to exercise their powers under the law of the
                        State in another participating jurisdiction;

     page 2
                                      Cross-border Justice Bill 2007
                                         Introduction         Part 1
                                     Object of this Act  Division   2
                                                                 s. 5



     (b)   police officers, magistrates and other office holders of
           the State to hold offices and exercise powers under the
           law of another participating jurisdiction;
     (c)   police officers, magistrates and other office holders of
 5         another participating jurisdiction to exercise their
           powers under the law of that other jurisdiction in the
           State;
     (d)   police officers, magistrates and other office holders of
           another participating jurisdiction to hold offices and
10         exercise powers under the law of the State;
     (e)   the courts of summary jurisdiction of the State to hear
           and determine proceedings, and to otherwise exercise
           their jurisdiction and powers under the law of the State,
           in another participating jurisdiction;
15   (f)   the sentences, orders and other decisions made by those
           courts under the law of the State to be served, carried
           out or otherwise given effect to by persons in another
           participating jurisdiction;
     (g)   the courts of summary jurisdiction of another
20         participating jurisdiction to hear and determine
           proceedings, and to otherwise exercise their jurisdiction
           and powers under the law of that other jurisdiction, in
           the State;
     (h)   the sentences, orders and other decisions made by those
25         courts under the law of that other jurisdiction to be
           served, carried out or otherwise given effect to by
           persons in the State;
     (i)   any other persons who are required under the law of the
           State to do things to do those things in another
30         participating jurisdiction;
     (j)   any other persons who are required under the law of
           another participating jurisdiction to do things to do those
           things in the State.



                                                               page 3
     Cross-border Justice Bill 2007
     Part 1         Introduction
     Division 3     Interpretation
     s. 6



     6.         How this Act is to be construed
                This Act is to be construed as enabling --
                 (a) office holders and courts of the State and other persons
                       to exercise powers they have under the law of the State
 5                     within the geographical area of another participating
                       jurisdiction; and
                 (b) office holders and courts of another participating
                       jurisdiction and other persons to exercise powers they
                       have under the law of that other jurisdiction within the
10                     geographical area of the State.
                Note for Division 2:
                A person who has a connection with a cross-border region may be (but is not
                required to be) dealt with under the State's cross-border laws. In deciding
                whether or not to deal with the person under the State's cross-border laws, an
15              office holder or prescribed court of the State will have regard to what best
                facilitates the administration of justice in the region. For example, if an offence
                is alleged to have been committed in the cross-border region where the
                alleged offender and the witnesses to the alleged offence ordinarily reside, the
                administration of justice in that region is likely to be facilitated if the alleged
20              offender is dealt with under the State's cross-border laws. The administration
                of justice is not likely to be facilitated in a cross-border region if the alleged
                offender is arrested in the region but the offence is alleged to have been
                committed in, and the alleged offender and the witnesses to the alleged
                offence ordinarily reside in, Perth.

25                             Division 3 -- Interpretation
     7.         Terms used in this Act
          (1)   In this Act, unless the contrary intention appears --
                "another participating jurisdiction" means --
                     (a) South Australia; or
30                   (b) the Northern Territory;
                "appropriate modifications" --
                     (a) of a law of the State -- has the meaning given in
                           section 13; or



     page 4
                                        Cross-border Justice Bill 2007
                                           Introduction         Part 1
                                         Interpretation    Division   3
                                                                   s. 7



         (b)    of a law of another participating jurisdiction --
                means appropriate modifications of that law under
                that other jurisdiction's cross-border laws;
     "arrest" includes to apprehend and to take into custody;
 5   "authorised officer", of a participating jurisdiction, means --
         (a) a police officer of the jurisdiction; or
         (b) an office holder of the jurisdiction who is prescribed
                by the regulations;
     "bring up order", of a participating jurisdiction, means --
10       (a) if the jurisdiction is the State --
                   (i) an order made under the Prisons Act 1981
                        section 85; or
                  (ii) an order made under section 103; or
                 (iii) any other order made under the law of the
15                      State directing that a person who is in custody
                        be brought before a judicial body as defined in
                        section 103(1);
                or
         (b) if the jurisdiction is another participating
20              jurisdiction -- a bring up order of that other
                jurisdiction under its cross-border laws;
     "carry out", an order, includes to comply with the requirements
         of, and to perform the obligations under, the order;
     "CEO (corrections)" means the holder of the office of chief
25       executive officer of the Public Sector agency principally
         assisting the Minister to whom the administration of the
         Sentence Administration Act 2003 Part 8 is committed in its
         administration;
     "community corrections officer", of a participating
30       jurisdiction, means --
         (a) if the jurisdiction is the State -- a community
                corrections officer as defined in the Sentence


                                                                page 5
     Cross-border Justice Bill 2007
     Part 1         Introduction
     Division 3     Interpretation
     s. 7



                           Administration Act 2003 section 4(2) as modified by
                           the regulations; or
                    (b)    if the jurisdiction is another participating
                           jurisdiction -- a community corrections officer of
 5                         that other jurisdiction under its cross-border laws;
              Note: The definition of "community corrections officer" is affected by
                    section 10.
              "confiscation" includes forfeiture;
              "connection with a cross-border region" has the meaning
10                given in Part 2 Division 2;
              "court document", of a prescribed court of a participating
                  jurisdiction, means a document that is lodged, served or
                  issued in a cross-border proceeding of the court;
              "cross-border jurisdiction", of a prescribed court of a
15                participating jurisdiction, means the court's jurisdiction in
                  relation to a cross-border proceeding of the court;
              "cross-border laws", of a participating jurisdiction, has the
                  meaning given in section 8;
              "cross-border proceeding", of a prescribed court of a
20                participating jurisdiction, means --
                  (a) if the court is a prescribed court of the State -- a
                         proceeding of the court referred to in section 68(2)
                         that may be heard and determined by that court in
                         another participating jurisdiction under section 68(1);
25                       or
                  (b) if the court is a prescribed court of another
                         participating jurisdiction -- a cross-border
                         proceeding of that court under that other
                         jurisdiction's cross-border laws;
30            "cross-border region" has the meaning given in section 19;
              "custodial order", of a participating jurisdiction, means --
                  (a) if the jurisdiction is the State --
                           (i) a warrant of commitment issued under
                                 section 99; or

     page 6
                                                Cross-border Justice Bill 2007
                                                   Introduction         Part 1
                                                 Interpretation    Division   3
                                                                           s. 7



                 (ii) a remand warrant issued under section 101; or
                (iii) a bring up order of the State;
               or
         (b) if the jurisdiction is another participating
 5             jurisdiction -- a custodial order of that other
               jurisdiction under its cross-border laws;
     "detention centre", in a participating jurisdiction, means --
         (a) if the jurisdiction is the State -- a detention centre as
               defined in the Young Offenders Act 1994 section 3; or
10       (b) if the jurisdiction is another participating
               jurisdiction -- a detention centre in that other
               jurisdiction under its cross-border laws;
     "drink or drug-driving laws", of a participating jurisdiction,
         means the provisions of the law of the jurisdiction relating
15       to a person driving or attempting to drive a vehicle --
         (a) while under the influence of or impaired by alcohol,
               drugs or both; or
         (b) while alcohol, drugs or both are present in the
               person's oral fluid or blood;
20   Note: The definition of "drink or drug-driving laws" is affected by
           subsection (2).
     "drink or drug-driving offence", under the law of a
         participating jurisdiction, means an offence under the law
         of the jurisdiction the elements of which include a person
25       driving or attempting to drive a vehicle --
         (a) while under the influence of or impaired by alcohol,
               drugs or both; or
         (b) while alcohol, drugs or both are present in the
               person's oral fluid or blood;
30   Note: The definition of "drink or drug-driving offence" is affected by
           subsection (2).
     "exercise", a power, includes to perform a function or duty;



                                                                              page 7
     Cross-border Justice Bill 2007
     Part 1         Introduction
     Division 3     Interpretation
     s. 7



              "juvenile justice officer", of a participating jurisdiction,
                  means --
                  (a) if the jurisdiction is the State -- a juvenile justice
                        officer as defined in the Young Offenders Act 1994
 5                      section 3 as modified by the regulations; or
                  (b) if the jurisdiction is another participating
                        jurisdiction -- a juvenile justice officer of that other
                        jurisdiction under its cross-border laws;
              Note: The definition of "juvenile justice officer" is affected by section 10.
10            "lodge", a document, includes to file a document;
              "magistrate", of a participating jurisdiction, means --
                  (a) if the jurisdiction is the State -- a magistrate of a
                        prescribed court of the State; or
                  (b) if the jurisdiction is another participating
15                      jurisdiction -- a magistrate of that other jurisdiction
                        under its cross-border laws;
              Note: The definition of "magistrate" is affected by section 10.
              "non-custodial order", of a participating jurisdiction, means --
                  (a) if the jurisdiction is the State --
20                        (i) a sentence imposed on, or an order made
                               against, a person in respect of an offence or
                               alleged offence under the law of the State,
                               other than a sentence or order requiring the
                               person to be kept in custody or to pay a fine;
25                             or
                         (ii) an early release order as defined in the
                               Sentence Administration Act 2003
                               section 4(2); or
                        (iii) an order to attend for work and development
30                             issued under the Fines, Penalties and
                               Infringement Notices Enforcement Act 1994
                               section 47 or 47A; or



     page 8
                                                 Cross-border Justice Bill 2007
                                                    Introduction         Part 1
                                                  Interpretation    Division   3
                                                                            s. 7



                    (iv)    a work and development order made under
                            section 48 of that Act;
               or
          (b) if the jurisdiction is another participating
 5             jurisdiction -- a non-custodial order of that other
               jurisdiction under its cross-border laws;
     "office holder", of participating jurisdiction, means --
          (a) if the jurisdiction is the State -- a person who holds
               an office under the law of the State; or
10        (b) if the jurisdiction is another participating
               jurisdiction -- a person who holds an office under the
               law of that other jurisdiction;
     Note: The definition of "office holder" is affected by sections 9 and 10.
     "participating jurisdiction" means --
15        (a) the State; or
         (b) another participating jurisdiction;
     "police officer", of a participating jurisdiction, means --
          (a) if the jurisdiction is the State --
                   (i) a person who holds office under the Police
20                      Act 1892 Part I as a member of the Police
                        Force of Western Australia; or
                  (ii) a person who holds office under the Police
                        Act 1892 Part III as a special constable; or
                 (iii) a person who holds office under the Police
25                      Act 1892 Part IIIA as an Aboriginal police
                        liaison officer;
                or
         (b) if the jurisdiction is another participating
                jurisdiction -- a police officer of that other
30              jurisdiction under its cross-border laws;
     Note: The definition of "police officer" is affected by section 10.
     "power" includes a function and a duty;

                                                                                 page 9
     Cross-border Justice Bill 2007
     Part 1         Introduction
     Division 3     Interpretation
     s. 7



               "preliminary alcohol or drug test", under a participating
                   jurisdiction's drink or drug-driving laws, means a test that
                   may be conducted under those laws for the purpose of
                   providing a preliminary indication of whether or not
 5                 alcohol, drugs or both are present in the blood of the driver
                   or person in charge of a vehicle;
               "prescribed court", of a participating jurisdiction, means --
                    (a) if the jurisdiction is the State --
                            (i) the Magistrates Court; or
10                         (ii) the Children's Court other than when
                                 constituted by or so as to include a judge;
                         or
                   (b) if the jurisdiction is another participating
                         jurisdiction -- a prescribed court of that other
15                       jurisdiction under its cross-border laws;
               "prison", in a participating jurisdiction, means --
                    (a) if the jurisdiction is the State -- a prison as defined in
                         the Prisons Act 1981 section 3(1); or
                   (b) if the jurisdiction is another participating
20                       jurisdiction -- a prison in that other jurisdiction
                         under its cross-border laws;
               "registrar", of a prescribed court of a participating jurisdiction,
                   means --
                    (a) if the court is a prescribed court of the State -- a
25                       person who holds office as a registrar or deputy
                         registrar of the court; or
                   (b) if the court is a prescribed court of another
                         participating jurisdiction -- a registrar of that court
                         under that other jurisdiction's cross-border laws;
30             "remand facility", in a participating jurisdiction, means a
                   police station, lock up, prison, detention centre or other
                   place in the jurisdiction in which persons on remand may
                   be kept in custody;


     page 10
                                        Cross-border Justice Bill 2007
                                           Introduction         Part 1
                                         Interpretation    Division   3
                                                                   s. 7



     "restraining order", of a participating jurisdiction, means --
          (a) if the jurisdiction is the State -- a restraining order or
               police order as respectively defined in the
               Restraining Orders Act 1997 section 3; or
 5       (b) if the jurisdiction is another participating
               jurisdiction -- a restraining order of that other
               jurisdiction under its cross-border laws;
     "restraining orders laws", of a participating jurisdiction,
         means --
10        (a) if the jurisdiction is the State -- the Restraining
               Orders Act 1997; or
         (b) if the jurisdiction is another participating
               jurisdiction -- the restraining orders laws of that
               other jurisdiction under its cross-border laws;
15   "secondary office" has the meaning given in section 131(2);
     "secondary office holder" has the meaning given in
         section 131(1);
     "subsidiary legislation", of a participating jurisdiction,
         means --
20        (a) if the jurisdiction is the State -- subsidiary legislation
               as defined in the Interpretation Act 1984 section 5; or
         (b) if the jurisdiction is another participating
               jurisdiction -- an instrument made under any written
               law of that other jurisdiction and having legislative
25             effect;
     "take action" means to do an act or make an omission;
     "vehicle impounding laws", of a participating jurisdiction,
         means the provisions of the law of the jurisdiction relating
         to the impounding or confiscation of vehicles used in
30       connection with driving offences under the law of the
         jurisdiction;




                                                               page 11
     Cross-border Justice Bill 2007
     Part 1         Introduction
     Division 3     Interpretation
     s. 8



                "vehicle or driver licensing laws", of a participating
                    jurisdiction, means the provisions of the law of the
                    jurisdiction relating to the licensing of vehicles or drivers;
                "written law", of a participating jurisdiction, means --
 5                  (a) if the jurisdiction is the State -- a written law as
                          defined in the Interpretation Act 1984 section 5; or
                    (b) if the jurisdiction is another participating
                          jurisdiction --
                             (i) an Act of that other jurisdiction for the time
10                                being in force; or
                            (ii) any subsidiary legislation of that other
                                  jurisdiction for the time being in force.
          (2)   In paragraph (b) of the definitions of "drink or drug-driving
                laws" and "drink or drug-driving offence", the reference to the
15              presence of alcohol in a person's oral fluid or blood includes a
                reference to the presence of a quantity of alcohol in the person's
                oral fluid or blood that equals or exceeds a specified quantity.

     8.         Meaning of "cross-border laws"
          (1)   The following laws are the State's cross-border laws --
20               (a) this Act;
                 (b) any other written law of the State that makes express
                        provision in order to give effect to this Act;
                 (c) any other law of the State with any appropriate
                        modifications;
25               (d) any other law of the State to the extent its application is
                        necessary to give effect to a law referred to in
                        paragraph (a), (b) or (c).
          (2)   The following laws are South Australia's cross-border laws --
                 (a) the Cross-border Justice Act 2007 (South Australia);
30               (b) any subsidiary legislation made under that Act;



     page 12
                                                                Cross-border Justice Bill 2007
                                                                   Introduction         Part 1
                                                                 Interpretation    Division   3
                                                                                           s. 9



                     (c)     any other written law of South Australia that makes
                             express provision in order to give effect to that Act;
                     (d)     any other law of South Australia with any appropriate
                             modifications;
 5                   (e)     any other law of South Australia to the extent its
                             application is necessary to give effect to a law referred
                             to in paragraph (a), (b), (c) or (d).
          (3)   The following laws are the Northern Territory's cross-border
                laws --
10                (a) the Cross-border Justice Act (Northern Territory);
                  (b) any subsidiary legislation made under that Act;
                  (c) any other written law of the Northern Territory that
                        makes express provision in order to give effect to
                        that Act;
15                (d) any other law of the Northern Territory with any
                        appropriate modifications;
                  (e) any other law of the Northern Territory to the extent its
                        application is necessary to give effect to a law referred
                        to in paragraph (a), (b), (c) or (d).

20   9.         Persons who exercise powers are office holders
                For the purposes of the State's cross-border laws, a person on
                whom a power is conferred under the law of a participating
                jurisdiction is taken to hold an office under that law.
                Examples for section 9:
25              1.         Under the Court Security and Custodial Services Act 1999, a
                           contractor may exercise powers to fulfil a contract for the provision of
                           court security or custodial services. The contractor is taken to be, but is
                           not appointed as, an officer of the court.
                2.         Under the Young Offenders Act 1994, an officer of the Department of
30                         Corrective Services may exercise powers in relation to young
                           offenders. The officer's local designation is, but the officer does not
                           hold the office of, juvenile justice officer.
                3.         Under section 105, an authorised officer of SA or the NT may carry out
                           a custodial order of the State but is not appointed as an authorised
35                         officer of the State.


                                                                                            page 13
     Cross-border Justice Bill 2007
     Part 1         Introduction
     Division 4     Modifications of other laws of State
     s. 10



     10.         References to office holders
           (1)   In this Act, unless the contrary intention appears, a reference to
                 an office holder (however described) of a participating
                 jurisdiction includes a reference to a person who holds an office
 5               under the law of the jurisdiction as a secondary office holder.
           (2)   In this Act, unless the contrary intention appears, a reference to
                 an office holder (however described) of another participating
                 jurisdiction whose office no longer exists is read as a reference
                 to an office holder of that other jurisdiction who for the time
10               being has the powers of that office.
     11.         References to written laws of another participating
                 jurisdiction
           (1)   In this section --
                 "amended" --
15                    (a) means replaced, substituted (in whole or in part),
                             added to or varied; and
                      (b) includes any 2 or more of those things done
                             simultaneously or by the same written law.
           (2)   A reference in this Act to a written law of another participating
20               jurisdiction, or to a provision of such a law, is read as including
                 a reference to the law or provision as amended from time to
                 time.
     12.         Use of notes and examples
                 A note or example set out at the foot of a provision of this Act is
25               provided to assist understanding and does not form part of
                 this Act.

                 Division 4 -- Modifications of other laws of State
     13.         Appropriate modifications
                 Appropriate modifications of a law of the State are --
30                (a) any modifications of the law that are prescribed by the
                       regulations; and

     page 14
                                                   Cross-border Justice Bill 2007
                                                      Introduction         Part 1
     Relationship between State's cross-border laws and other laws    Division   5
                                                                             s. 14



                  (b)    any other modifications of the law that are necessary or
                         convenient to give effect to this Act.

     14.         Effect of modifications
                 In order to give effect to this Act, a law of the State must be
 5               applied with any appropriate modifications as if the law had
                 been altered in that way.

      Division 5 -- Relationship between State's cross-border laws
                            and other laws
     15.         Law of another participating jurisdiction: office holders,
10               prescribed courts, persons serving sentences
           (1)   The State's cross-border laws do not authorise an office holder
                 of the State to exercise a power in another participating
                 jurisdiction unless the law of that other jurisdiction allows the
                 office holder to exercise the power in that other jurisdiction.
15         (2)   The State's cross-border laws do not allow an office holder of
                 another participating jurisdiction to exercise a power in the State
                 unless the law of that other jurisdiction authorises the office
                 holder to exercise the power in the State.
           (3)   The State's cross-border laws do not authorise a prescribed
20               court of the State to hear and determine a proceeding, or to
                 otherwise exercise its jurisdiction or a power, in another
                 participating jurisdiction unless the law of that other jurisdiction
                 allows the court to hear and determine the proceeding, or to
                 exercise that jurisdiction or power, in that other jurisdiction.
25         (4)   The State's cross-border laws do not allow a prescribed court of
                 another participating jurisdiction to hear and determine a
                 proceeding, or to otherwise exercise its jurisdiction or a power,
                 in the State unless the law of that other jurisdiction authorises
                 the court to hear and determine the proceeding, or to exercise
30               that jurisdiction or power, in the State.



                                                                             page 15
     Cross-border Justice Bill 2007
     Part 1         Introduction
     Division 5     Relationship between State's cross-border laws and other laws
     s. 16



           (5)   The State's cross-border laws do not authorise a sentence
                 imposed on, or an order made or issued against, a person in
                 respect of an offence or alleged offence under the law of the
                 State to be served or carried out in another participating
 5               jurisdiction unless the law of that other jurisdiction allows the
                 sentence or order to be served or carried out in that other
                 jurisdiction.
           (6)   The State's cross-border laws do not allow a sentence imposed
                 on, or an order made or issued against, a person in respect of an
10               offence or alleged offence under the law of another participating
                 jurisdiction to be served or carried out in the State unless the
                 law of that other jurisdiction authorises the sentence or order to
                 be served or carried out in the State.

     16.         Law of another participating jurisdiction: other persons
15               required to do things
           (1)   This section applies in relation to a person other than an office
                 holder, court or other person in relation to whom section 15
                 applies.
           (2)   The State's cross-border laws do not authorise a person who is
20               required under the law of the State to do something to do that
                 thing in another participating jurisdiction unless the law of that
                 other jurisdiction allows the person to do the thing in that other
                 jurisdiction.
           (3)   The State's cross-border laws do not allow a person who is
25               required under the law of another participating jurisdiction to do
                 something to do that thing in the State unless the law of that
                 other jurisdiction authorises the person to do the thing in the
                 State.

     17.         Service and Execution of Process Act 1992 (Commonwealth)
30               The State's cross-border laws are intended to provide alternative
                 procedures to those under the Service and Execution of Process



     page 16
                                                            Cross-border Justice Bill 2007
                                                               Introduction         Part 1
                                                                Application    Division   6
                                                                                      s. 18



                 Act 1992 (Commonwealth) and do not purport to exclude or
                 limit the operation of that Act.
                 Note for section 17:
                 If the Service and Execution of Process Act 1992 (Commonwealth) provides
5                that it does not apply to a matter covered by the State's cross-border laws, an
                 office holder or prescribed court of the State will proceed under those laws
                 instead of under that Act.

                                 Division 6 -- Application
     18.         Offences, orders and requirements in relation to which
10               State's cross-border laws apply
           (1)   The State's cross-border laws apply in relation to an offence
                 under the law of a participating jurisdiction whether the offence
                 is suspected of having been committed, or is alleged or found to
                 have been committed, before or after the commencement of
15               this Act.
           (2)   The State's cross-border laws apply in relation to an order made
                 under the law of a participating jurisdiction whether the order
                 was made before or after the commencement of this Act.
           (3)   The State's cross-border laws apply in relation to a requirement
20               to do something under the law of a participating jurisdiction
                 whether the requirement arose before or after the
                 commencement of this Act.




                                                                                       page 17
     Cross-border Justice Bill 2007
     Part 2         Cross-border regions
     Division 1     Prescribing cross-border regions
     s. 19



                        Part 2 -- Cross-border regions
                   Division 1 -- Prescribing cross-border regions
     19.          Cross-border regions to be prescribed
                  A cross-border region is a region that --
 5                 (a) straddles the border between the State and one or both of
                         the other participating jurisdictions; and
                   (b) is prescribed by the regulations to be a cross-border
                         region.

                 Division 2 -- Connection with a cross-border region
10   20.          Persons suspected of, alleged to have committed or found
                  guilty of offences
           (1)    This section applies to a person who --
                   (a) is suspected of having committed an offence under the
                          law of a participating jurisdiction; or
15                 (b) is alleged to have committed an offence under the law of
                          a participating jurisdiction; or
                   (c) has been found guilty of an offence under the law of a
                          participating jurisdiction.
           (2)    The person has a connection with a cross-border region if --
20                 (a) the offence is suspected of having been committed, or is
                         alleged or was found to have been committed, in the
                         region; or
                   (b) at the time of the person's arrest for the offence --
                            (i) the person is or was in the region; or
25                         (ii) the person ordinarily resides or resided in the
                                region;
                         or



     page 18
                                                        Cross-border Justice Bill 2007
                                                  Cross-border regions          Part 2
                                  Connection with a cross-border region    Division   2
                                                                                  s. 21



                   (c)    at the time at which the offence is suspected of having
                          been committed, or is alleged or was found to have been
                          committed, the person ordinarily resides or resided in
                          the region.
 5         (3)   For the purposes of a proceeding of a prescribed court of a
                 participating jurisdiction in respect of the offence, the person
                 also has a connection with a cross-border region if --
                   (a) at the time at which the proceeding is heard, the person
                         ordinarily resides in the region; or
10                 (b) the proceeding is heard with another proceeding of the
                         court that is a cross-border proceeding for the purposes
                         of which the person has a connection with the region.
                 Note for section 20:
                 For the purpose of deciding whether or not a person has committed an
15               offence under the law of a participating jurisdiction --
                 (a)    if the jurisdiction is the State -- The Criminal Code section 12 applies;
                        or
                 (b)    if the jurisdiction is South Australia -- the Criminal Law Consolidation
                        Act 1935 (South Australia) section 5G applies; or
20               (c)    if the jurisdiction is the Northern Territory -- the Criminal Code
                        (Northern Territory) section 15 applies.

     21.         Persons against whom orders of prescribed courts are in
                 force
           (1)   This section applies to a person against whom an order made by
25               a prescribed court of a participating jurisdiction is in force.
           (2)   Subsections (3) and (4) apply if the person --
                  (a) is suspected of having breached the order; or
                  (b) is alleged to have breached the order; or
                  (c) has been found to have breached the order.
30         (3)   The person has a connection with a cross-border region if --
                   (a)    the breach is suspected of having occurred, or is alleged
                          or was found to have occurred, in the region; or



                                                                                        page 19
     Cross-border Justice Bill 2007
     Part 2         Cross-border regions
     Division 2     Connection with a cross-border region
     s. 21



                (b)   at the time of the person's arrest for the breach --
                         (i) the person is or was in the region; or
                        (ii) the person ordinarily resides or resided in the
                               region;
 5                    or
                (c)   at the time at which the breach is suspected of having
                      occurred, or is alleged or was found to have occurred,
                      the person ordinarily resides or resided in the region; or
                (d)   at the time at which the order or a previous amendment
10                    or variation of the order was made, the person ordinarily
                      resided in the region; or
                (e)   the order or a previous amendment or variation of the
                      order was made in, or another breach of the order has
                      been the subject of, another proceeding of the court that
15                    was a cross-border proceeding for the purposes of which
                      the person had a connection with the region.
        (4)    For the purposes of a proceeding of the court in respect of the
               breach, the person also has a connection with a cross-border
               region if --
20               (a) at the time at which the proceeding is heard, the person
                       ordinarily resides in the region; or
                 (b) the proceeding is heard with another proceeding of the
                       court that is a cross-border proceeding for the purposes
                       of which the person has a connection with the region.
25      (5)    The person has a connection with a cross-border region for the
               purposes of a proceeding of the court for the amendment,
               variation or revocation of the order if --
                 (a) at the time at which the order or a previous amendment
                       or variation of the order was made, the person ordinarily
30                     resided in the region; or
                 (b) the order or a previous amendment or variation of the
                       order was made in, or any breach of the order has been
                       the subject of, another proceeding of the court that was a

     page 20
                                                     Cross-border Justice Bill 2007
                                               Cross-border regions          Part 2
                               Connection with a cross-border region    Division   2
                                                                               s. 22



                         cross-border proceeding for the purposes of which the
                         person had a connection with the region; or
                   (c)   at the time at which the proceeding is heard, the person
                         ordinarily resides in the region; or
 5                (d)    the proceeding is heard with another proceeding of the
                         court that is a cross-border proceeding for the purposes
                         of which the person has a connection with the region.

     22.         Connection for purposes of making restraining orders
           (1)   This section applies to a person against whom a restraining
10               order is sought or proposed to be made under a participating
                 jurisdiction's restraining orders laws.
           (2)   The person has a connection with a cross-border region,
                 including for the purposes of a proceeding in a prescribed court
                 of the jurisdiction for the making of the order, if --
15                 (a) that person ordinarily resides in the region; or
                   (b) the person for whose benefit the order is sought or is
                          proposed to be made ordinarily resides in the region.

     23.         Persons serving sentences or carrying out orders in respect
                 of offences or alleged offences
20         (1)   This section applies to a person on whom a sentence is imposed,
                 or against whom an order is made or issued, in respect of an
                 offence or alleged offence under the law of a participating
                 jurisdiction.
           (2)   The person has a connection with a cross-border region if --
25                (a) the sentence was imposed, or the order was made or
                        issued, in --
                           (i) a cross-border proceeding of a prescribed court
                                of the participating jurisdiction for the purposes
                                of which the person had a connection with the
30                              region; or
                          (ii) an appeal from such a proceeding;
                        or

                                                                            page 21
     Cross-border Justice Bill 2007
     Part 2         Cross-border regions
     Division 3     Proving connection with a cross-border region
     s. 24



                  (b)    if the order was made or issued for the purpose of
                         enforcing a fine -- the fine was imposed in a proceeding
                         or appeal referred to in paragraph (a); or
                   (c)   the person ordinarily resides in the region.

 5   24.         Other persons required to do things
           (1)   This section applies to a person if sections 20 to 23 do not apply
                 to the person.
           (2)   A person who is required to do something under the law of a
                 participating jurisdiction has a connection with a cross-border
10               region if --
                   (a) the requirement is made of the person in the region; or
                   (b) the requirement relates to an event, matter or thing in the
                         region; or
                   (c) the person ordinarily resides in the region.

15   25.         Connections are not mutually exclusive
                 A connection with a cross-border region that a person has
                 because of a provision of this Division does not exclude or limit
                 a connection with a cross-border region that the person has
                 because of another provision of this Division.

20     Division 3 -- Proving connection with a cross-border region
     26.         Meaning of "proceeding"
                 In this Division --
                 "proceeding" means --
                      (a) a cross-border proceeding of a prescribed court of the
25                          State; or
                      (b) a proceeding before a court of the State that relates to
                            an action taken or purportedly taken under this Act
                            by an office holder of a participating jurisdiction.



     page 22
                                                      Cross-border Justice Bill 2007
                                                Cross-border regions          Part 2
                                        Multiple cross-border regions    Division   4
                                                                                s. 27



     27.         Onus of proving person's whereabouts at time of arrest
           (1)   If whether a person was in a cross-border region at the time of
                 the person's arrest is in issue in a proceeding, the person has the
                 onus of proving on the balance of probabilities that the person
 5               was not in the region at that time.
           (2)   If whether a person ordinarily resided in a cross-border region at
                 the time of the person's arrest is in issue in a proceeding, the
                 person has the onus of proving on the balance of probabilities
                 that the person did not ordinarily reside in the region at that
10               time.

     28.         Onus of proving person's residency during cross-border
                 proceeding
           (1)   Subsection (2) applies if either of the following are in issue in a
                 proceeding --
15                 (a)   if it is a cross-border proceeding -- whether the person
                         who is the subject of the proceeding ordinarily resides or
                         resided in a cross-border region at a particular time
                         during the proceeding;
                  (b)    if it is another proceeding -- whether the person who is
20                       the subject of the proceeding ordinarily resides or
                         resided in a cross-border region at a particular time
                         during a cross-border proceeding.
           (2)   The person has the onus of proving on the balance of
                 probabilities that the person does not or did not ordinarily reside
25               in the region at that time.

                   Division 4 -- Multiple cross-border regions
     29.         Application of this Division
           (1)   This Division applies if there are 2 or more cross-border regions
                 of which --
30                 (a) one is partly in all 3 participating jurisdictions; and


                                                                             page 23
     Cross-border Justice Bill 2007
     Part 2         Cross-border regions
     Division 4     Multiple cross-border regions
     s. 30



                  (b)   the other or others are partly in only 2 of the
                        3 participating jurisdictions.

     30.         Office holders, prescribed courts, persons serving sentences
           (1)   The State's cross-border laws do not authorise an office holder
 5               of the State to exercise a power under the law of the State in
                 another participating jurisdiction unless the power is to be
                 exercised in relation to a person who has a connection with a
                 cross-border region that is partly in that other jurisdiction.
           (2)   The State's cross-border laws do not allow an office holder of
10               another participating jurisdiction to exercise a power under the
                 law of that other jurisdiction in the State unless the power is to
                 be exercised in relation to a person who has a connection with a
                 cross-border region that is partly in that other jurisdiction.
           (3)   The State's cross-border laws do not authorise a prescribed
15               court of the State to hear and determine a proceeding, or to
                 otherwise exercise its jurisdiction or a power, in another
                 participating jurisdiction unless the person who is the subject of
                 the proceeding to which the exercise of that jurisdiction or
                 power relates has a connection with a cross-border region that is
20               partly in that other jurisdiction for the purposes of that
                 proceeding.
           (4)   The State's cross-border laws do not allow a prescribed court of
                 another participating jurisdiction to hear and determine a
                 proceeding, or to otherwise exercise its jurisdiction or a power,
25               in the State unless the person who is the subject of the
                 proceeding to which the exercise of that jurisdiction or power
                 relates has a connection with a cross-border region that is partly
                 in that other jurisdiction for the purposes of that proceeding.
           (5)   The State's cross-border laws do not authorise a sentence
30               imposed on, or an order made or issued against, a person in
                 respect of an offence or alleged offence under the law of the
                 State to be served or carried out in another participating



     page 24
                                                          Cross-border Justice Bill 2007
                                                    Cross-border regions          Part 2
                                            Multiple cross-border regions    Division   4
                                                                                    s. 31



                 jurisdiction unless the person has a connection with a
                 cross-border region that is partly in that other jurisdiction.
           (6)   The State's cross-border laws do not allow a sentence imposed
                 on, or an order made or issued against, a person in respect of an
 5               offence or alleged offence under the law of another participating
                 jurisdiction to be served or carried out in the State unless the
                 person has a connection with a cross-border region that is partly
                 in that other jurisdiction.

     31.         Other persons required to do things
10         (1)   This section applies in relation to a person other than an office
                 holder, court or other person in relation to whom section 30
                 applies.
           (2)   The State's cross-border laws do not authorise a person who is
                 required under the law of the State to do something to do that
15               thing in another participating jurisdiction unless the person has a
                 connection with a cross-border region that is partly in that other
                 jurisdiction.
           (3)   The State's cross-border laws do not allow a person who is
                 required under the law of another participating jurisdiction to do
20               something to do that thing in the State unless the person has a
                 connection with a cross-border region that is partly in that other
                 jurisdiction.
                 Notes for Division 4:
                 1.     The examples in this Act assume the following 3 regions:
25                      (a)   a region straddling the State's borders with South Australia and
                              the Northern Territory (the "WA/SA/NT region");
                        (b)   a region straddling the State's border with South Australia (the
                              "WA/SA region");
                        (c)   a region straddling the State's border with the Northern Territory
30                            (the "WA/NT region").
                 2.     A person may have a connection with more than one cross-border
                        region. An office holder or prescribed court of the State may deal with
                        the person under the State's cross border laws on the basis of the
                        person's connection with one or another of those regions, having
35                      regard to what best facilitates the administration of justice in those
                        regions.


                                                                                       page 25
     Cross-border Justice Bill 2007
     Part 3         Police officers of State exercising powers in another
                    participating jurisdiction
     Division 1     Powers generally
     s. 32


      Part 3 -- Police officers of State exercising powers in
               another participating jurisdiction
                           Division 1 -- Powers generally
     32.         Arrest without warrant
 5         (1)   A police officer of the State may arrest a person in another
                 participating jurisdiction without a warrant if --
                   (a) under the law of the State, the police officer would have
                         been able to arrest the person in the State without a
                         warrant; and
10                 (b) the person has a connection with a cross-border region.
           (2)   The law of the State applies (with any appropriate
                 modifications) in relation to the arrest.

     33.         Arrest under warrant
           (1)   A police officer of the State may arrest a person in another
15               participating jurisdiction under a warrant if --
                   (a) under the law of the State, the police officer would have
                         been able to arrest the person in the State under a
                         warrant; and
                   (b) the person has a connection with a cross-border region.
20         (2)   A magistrate of the State --
                  (a) may issue in another participating jurisdiction a warrant
                       for the arrest of a person under the law of the State if the
                       person has a connection with a cross-border region; and
                  (b) for that purpose, may exercise in that other jurisdiction
25                     any of the powers the magistrate has under the law of
                       the State for the purpose of issuing warrants for the
                       arrest of persons.




     page 26
                                                         Cross-border Justice Bill 2007
                  Police officers of State exercising powers in another          Part 3
                                                participating jurisdiction
                                                       Powers generally     Division 1
                                                                                   s. 34


           (3)   The law of the State applies (with any appropriate
                 modifications) in relation to the arrest and the warrant.
                 Examples for section 33:
                 1.    A person is suspected of committing an offence under WA law in the
 5                     WA portion of the WA/SA/NT region. A WA magistrate anywhere in
                       WA, SA or the NT may issue a warrant for the person's arrest. A WA
                       police officer may arrest the person under the warrant anywhere in
                       WA, SA or the NT.
                 2.    A person who ordinarily resides in the WA/SA region is suspected of
10                     committing an offence under WA law in Kalgoorlie. A WA magistrate
                       anywhere in WA or SA may issue a warrant for the person's arrest.
                       A WA magistrate in the NT cannot issue a warrant. A WA police officer
                       may arrest the person under the warrant anywhere in WA or SA but
                       not in the NT.
15               3.    A person who ordinarily resides in the WA/NT region is suspected of
                       committing an offence under WA law in the WA portion of the WA/SA
                       region. A WA magistrate anywhere in WA, SA or the NT may issue a
                       warrant for the person's arrest. A WA police officer may arrest the
                       person under the warrant anywhere in WA, SA or the NT.

20   34.         Person taken into custody
           (1)   Subsection (2) applies if --
                  (a) a police officer of the State arrests a person under the
                        law of the State --
                           (i) whether with or without a warrant; and
25                        (ii) whether in the State or another participating
                                jurisdiction;
                        and
                  (b) the person has a connection with a cross-border region.
           (2)   A police officer of the State may --
30                (a) keep the person in custody in another participating
                        jurisdiction; and
                  (b) while the person is in custody, take the person to a
                        police station, court or other place in another
                        participating jurisdiction for any purpose that is
35                      authorised under the law of the State as applied by
                        subsection (3).

                                                                                   page 27
     Cross-border Justice Bill 2007
     Part 3         Police officers of State exercising powers in another
                    participating jurisdiction
     Division 1     Powers generally
     s. 35


           (3)   The law of the State applies (with any appropriate
                 modifications) in relation to the custody.

     35.         Investigation of suspected or alleged offence or breach of
                 order
 5         (1)   This section applies if --
                  (a) a police officer of the State --
                           (i) suspects a person of having committed, or has
                                alleged that a person has committed, an offence
                                under the law of the State; or
10                        (ii) suspects a person of having breached, or has
                                alleged that a person has breached, an order
                                made under the law of the State;
                         and
                  (b) the person has a connection with a cross-border region.
15         (2)   A police officer of the State may --
                  (a)   investigate the offence or breach in another participating
                        jurisdiction; and
                  (b)   for that purpose, may exercise in that other jurisdiction
                        any of the powers the police officer has under the law of
20                      the State for the purpose of investigating the offence or
                        breach.
           (3)   Without affecting subsection (2), those powers may include
                 powers in relation to any of the following --
                   (a) interviewing people;
25                (b) searching people;
                   (c) taking photographs of people or parts of people's
                        bodies;
                  (d) taking prints of parts of people's bodies (for example,
                        fingerprints, handprints and footprints);
30                 (e) taking samples of things, and removing things, from the
                        external and internal parts of people's bodies;

     page 28
                                                   Cross-border Justice Bill 2007
            Police officers of State exercising powers in another          Part 3
                                          participating jurisdiction
                                                 Powers generally     Division 1
                                                                             s. 35


                 (f)     entering and searching places and vehicles;
                (g)      taking photographs of places and vehicles;
                (h)      inspecting, and taking extracts from or copies of,
                         documents found at places or in vehicles;
 5              (i)      taking samples of things, and seizing things, from places
                         and vehicles;
                (j)      carrying out warrants or orders authorising the police
                         officer to do any of the things referred to in
                         paragraphs (a) to (i);
10              (k)      requiring people to assist the police officer to do any of
                         the things referred to in paragraphs (a) to (j).
     (4)   For the purpose of the investigation of the offence or breach by
           a police officer of the State in the State or another participating
           jurisdiction, a magistrate of the State --
15           (a) may issue in another participating jurisdiction a warrant
                   or order under the law of the State to be carried out in
                   the State or another participating jurisdiction; and
             (b) for that purpose, may exercise in that other jurisdiction
                   any of the powers the magistrate has under the law of
20                 the State for the purpose of issuing warrants or orders
                   for the purpose of the investigation by police officers of
                   the State of offences or breaches of orders.
     (5)   The law of the State applies (with any appropriate
           modifications) in relation to the investigation and the warrant or
25         order.
           Examples for section 35:
           1.          A person is suspected of committing an offence under WA law in the
                       WA portion of the WA/SA/NT region. A WA police officer may
                       investigate the alleged offence anywhere in WA, SA or the NT. For the
30                     purpose of the investigation of the alleged offence, a WA magistrate
                       anywhere in WA, SA or the NT may issue a warrant to search
                       premises anywhere in WA, SA or the NT.
           2.          A person is arrested in the WA/SA region for an offence under WA law
                       alleged to have been committed in Kalgoorlie. A WA police officer may
35                     investigate the alleged offence anywhere in WA or SA but not in the
                       NT. For the purpose of the investigation of the alleged offence, a WA

                                                                                   page 29
     Cross-border Justice Bill 2007
     Part 3         Police officers of State exercising powers in another
                    participating jurisdiction
     Division 2     Road traffic powers
     s. 36


                         magistrate anywhere in WA or SA may issue a warrant to search
                         premises anywhere in WA or SA but not in the NT. A WA magistrate in
                         the NT cannot issue a warrant.
                 3.      A person is suspected of committing an offence under WA law in the
 5                       WA portion of the WA/NT region and is subsequently arrested for the
                         alleged offence in the WA/SA region. A WA police officer may
                         investigate the alleged offence anywhere in WA, SA or the NT. For the
                         purpose of the investigation of the alleged offence, a WA magistrate
                         anywhere in WA, SA or the NT may issue a warrant to search
10                       premises anywhere in WA, SA or the NT.

     36.         Return of person not charged to place of arrest or other
                 place
           (1)   Subsection (2) applies if a person being kept in custody by a
                 police officer of the State in another participating jurisdiction
15               under section 34(2)(a) is released.
           (2)   A police officer of the State must take reasonable steps to
                 ensure the person is taken, at the person's election --
                   (a) back to the place where the person was arrested; or
                   (b) to a place reasonably nominated by the person.
20         (3)   Subsection (2) does not require the person to be taken to a place
                 if to do so is likely to endanger the person's or another person's
                 safety.

     37.         Relationship of this Part with Criminal Investigation
                 (Extra-territorial Offences) Act 1987
25               This Part does not affect the operation of the Criminal
                 Investigation (Extra-territorial Offences) Act 1987.

                            Division 2 -- Road traffic powers
                      Subdivision 1 -- Vehicle or driver licensing laws

     38.         Powers in relation to offences
30         (1)   Subsection (2) applies if --
                  (a) a police officer of the State suspects a person of having
                        committed, or has alleged that a person has committed,

     page 30
                                                         Cross-border Justice Bill 2007
                  Police officers of State exercising powers in another          Part 3
                                                participating jurisdiction
                                                    Road traffic powers     Division 2
                                                                                   s. 39


                         an offence under the State's vehicle or driver licensing
                         laws; and
                  (b)    the person has a connection with a cross-border region.
           (2)   A police officer of the State may exercise in another
 5               participating jurisdiction any of the powers the police officer
                 has under the law of the State in relation to the offence.

     39.         Other powers
           (1)   In this section --
                 "licensing powers", of a police officer of the State, means any
10                    of the powers the police officer has under the State's
                      vehicle or driver licensing laws other than a power to
                      which section 38(2) applies.
           (2)   A police officer of the State may exercise in another
                 participating jurisdiction any of the police officer's licensing
15               powers in relation to a person who ordinarily resides in a part of
                 the State that is in a cross-border region.

                     Subdivision 2 -- Drink or drug-driving laws

     40.         Terms used in this Subdivision
                 In this Subdivision, unless the contrary intention appears --
20               "sample" means a sample of a person's breath, oral fluid, blood
                      or urine;
                 "test" means to provide or take, and test or analyse, a sample;
                 "testing procedures", under a participating jurisdiction's drink
                      or drug-driving laws, means the requirements for providing
25                    or taking, and testing or analysing, a sample under the
                      jurisdiction's drink or drug-driving laws.

     41.         Conduct of preliminary alcohol or drug test in cross-border
                 region
           (1)   This section applies if a police officer of the State requires a
30               person in a part of the State that is in a cross-border region to

                                                                               page 31
     Cross-border Justice Bill 2007
     Part 3         Police officers of State exercising powers in another
                    participating jurisdiction
     Division 2     Road traffic powers
     s. 42


                 provide a sample of breath or oral fluid for a preliminary
                 alcohol or drug test under the State's drink or drug-driving laws.
           (2)   If --
                   (a)   the person is required to provide the sample in
 5                       accordance with the testing procedures under another
                         participating jurisdiction's drink or drug-driving laws;
                         and
                  (b)    the region is partly in that other jurisdiction,
                 the person is taken to be required to provide the sample in
10               accordance with the testing procedures under the State's drink
                 or drug-driving laws.
           (3)   If --
                   (a)   the sample is tested in accordance with the testing
                         procedures for a preliminary alcohol or drug test under
15                       another participating jurisdiction's drink or drug-driving
                         laws; and
                  (b)    the region is partly in that other jurisdiction,
                 the sample is taken to have been tested in accordance with the
                 testing procedures for a preliminary alcohol or drug test under
20               the State's drink or drug-driving laws.

     42.         Powers that may be exercised in another participating
                 jurisdiction
           (1)   Subsection (3) applies if a police officer of the State has
                 required a person in a part of the State that is in a cross-border
25               region to provide a sample of breath or oral fluid for a
                 preliminary alcohol or drug test under the State's drink or
                 drug-driving laws.
           (2)   Subsection (3) applies if --
                  (a) a police officer of the State suspects a person of having
30                      committed, or has alleged that a person has committed, a



     page 32
                                                         Cross-border Justice Bill 2007
                  Police officers of State exercising powers in another          Part 3
                                                participating jurisdiction
                                                    Road traffic powers     Division 2
                                                                                   s. 43


                         drink or drug-driving offence under the law of the State;
                         and
                  (b)    the person has a connection with a cross-border region.
           (3)   Subject to section 44, a police officer of the State may exercise
 5               in another participating jurisdiction any of the powers the police
                 officer has under the State's drink or drug-driving laws in
                 relation to the person.

     43.         Providing or taking sample in another participating
                 jurisdiction
10         (1)   This section applies if a police officer of the State acting under
                 section 42(3) requires a person to provide or allow to be taken a
                 sample under the State's drink or drug-driving laws in another
                 participating jurisdiction.
           (2)   If the person is required to provide the sample or allow the
15               sample to be taken in accordance with the testing procedures
                 under that other jurisdiction's drink or drug-driving laws, the
                 person is taken to be required to provide the sample or allow the
                 sample to be taken in accordance with the testing procedures
                 under the State's drink or drug-driving laws.
20         (3)   If the sample is tested in accordance with the testing procedures
                 under that other jurisdiction's drink or drug-driving laws, the
                 following provisions apply --
                   (a) the sample is taken to have been tested in accordance
                          with the testing procedures under the State's drink or
25                        drug-driving laws;
                   (b) a certificate relating to the testing procedures under that
                          other jurisdiction's drink or drug-driving laws that
                          would be prima facie evidence of a matter stated in the
                          certificate in a proceeding for an offence under the law
30                        of that other jurisdiction is prima facie evidence of the
                          matter in a proceeding referred to in the Road Traffic
                          Act 1974 section 70(1) or (3a);



                                                                               page 33
     Cross-border Justice Bill 2007
     Part 3         Police officers of State exercising powers in another
                    participating jurisdiction
     Division 2     Road traffic powers
     s. 44


                   (c)     if a sample of breath or blood is tested, the analysis
                           result is taken to be the analysis result for the purposes
                           of the Road Traffic Act 1974 section 68(4)(a) or 69(2)
                           (as the case requires) and section 71 of that Act.
 5         (4)   This section does not prevent the sample from being required to
                 be provided or allowed to be taken, or from being tested, in
                 accordance with the testing procedures under the State's drink
                 or drug-driving laws.

     44.         Preliminary alcohol or drug test cannot be conducted in
10               another participating jurisdiction
                 This Subdivision does not authorise a police officer of the State
                 to require a person in another participating jurisdiction to
                 provide a sample of breath or oral fluid for a preliminary
                 alcohol or drug test under the State's drink or drug-driving laws.

15                       Subdivision 3 -- Vehicle impounding laws

     45.         Powers
           (1)   In this section --
                 "person", connected with a vehicle, means the person who --
                      (a) is suspected of having committed; or
20                    (b) is alleged to have committed; or
                      (c) has been found guilty of,
                      the offence for which the vehicle may or is required to be
                      impounded or confiscated.
           (2)   A police officer of the State may exercise in relation to a vehicle
25               in another participating jurisdiction any of the powers the police
                 officer has under the State's vehicle impounding laws in relation
                 to a vehicle if --
                   (a) the person connected with the vehicle has a connection
                         with a cross-border region; and



     page 34
                                                         Cross-border Justice Bill 2007
                  Police officers of State exercising powers in another          Part 3
                                                participating jurisdiction
                                                Restraining orders laws     Division 3
                                                                                   s. 46


                  (b)    if the exercise of the power is for the purpose of giving
                         effect to a court order -- the order was made by a
                         prescribed court of the State.

                        Subdivision 4 -- Miscellaneous matters

 5   46.         Law of State applies
                 The law of the State applies (with any appropriate
                 modifications) in relation to the powers in respect of which this
                 Division applies.

     47.         Relationship with Division 1
10               The powers that a police officer of the State is authorised under
                 this Division to exercise in another participating jurisdiction are
                 in addition to, and do not exclude or limit, any of the powers the
                 police officer is authorised under Division 1 to exercise in that
                 other jurisdiction.

15                      Division 3 -- Restraining orders laws
     48.         Meaning of "WA police order"
                 In this Division --
                 "WA police order" means an order made by a police officer of
                      the State under the Restraining Orders Act 1997 Part 2
20                    Division 3A.

     49.         Making of WA police orders
           (1)   A police officer of the State may make a WA police order in
                 another participating jurisdiction if the person against whom the
                 order is sought or proposed to be made has a connection with a
25               cross-border region.




                                                                               page 35
     Cross-border Justice Bill 2007
     Part 3         Police officers of State exercising powers in another
                    participating jurisdiction
     Division 4     Offence
     s. 50


           (2)   The law of the State applies (with any appropriate
                 modifications) in relation to the making of the order.
                 Note for section 49:
                 For the purpose of deciding whether or not the person against whom the WA
5                police order is sought or proposed to be made has a connection with a
                 cross-border region, section 22 and Part 2 Division 4 apply.

     50.         Enforcement of WA police orders
           (1)   This section applies if --
                  (a) a person in another participating jurisdiction is a person
10                       against whom a WA police order is in force; and
                  (b) the person against whom, or for whose benefit, the order
                         is made ordinarily resides in a cross-border region.
           (2)   A police officer of the State may exercise the police officer's
                 powers in relation to the person against whom the order is
15               made.
           (3)   In relation to the exercise of those powers, the Restraining
                 Orders Act 1997 Part 6 Division 3 has effect for all purposes in
                 respect of any breach of the order in that other jurisdiction.
           (4)   The law of the State applies (with any appropriate
20               modifications) in relation to those powers.

                                    Division 4 -- Offence
     51.         Offence to interfere with exercise of power
           (1)   Subsection (2) applies if a person in another participating
                 jurisdiction takes action in relation to the exercise of a power
25               under this Part that would, if the action were to be taken in
                 relation to the exercise of the power in the State, constitute an
                 offence under the law of the State (a "State offence").
           (2)   The person commits an offence under this Act punishable by the
                 same penalty as is prescribed for the State offence.



     page 36
                                                   Cross-border Justice Bill 2007
            Police officers of State exercising powers in another          Part 3
                                          participating jurisdiction
                                                           Offence    Division 4
                                                                             s. 51


     (3)   If the State offence is an indictable offence, the offence under
           subsection (2) is also an indictable offence.
           Example for section 51:
           Under the Criminal Investigation Act 2006 section 44(2)(g)(i), a WA police
5          officer executing a search warrant in respect of premises in WA may order a
           person to leave those premises. A failure to comply with the order is an
           offence under section 153(1) of that Act attracting a penalty of $12 000 or
           12 months' imprisonment. If a WA police officer executing a search warrant in
           respect of premises in SA or the NT orders a person to leave those premises,
10         a failure to comply with the order is an offence under this Act attracting the
           same penalty.




                                                                                page 37
     Cross-border Justice Bill 2007
     Part 4         Police officers of another participating jurisdiction exercising
                    powers in State
     Division 1     Powers generally
     s. 52


            Part 4 -- Police officers of another participating
                 jurisdiction exercising powers in State
                           Division 1 -- Powers generally
     52.         Arrest without warrant
 5         (1)   A police officer of another participating jurisdiction may arrest
                 a person in the State without a warrant if --
                   (a) under the law of that other jurisdiction, the police officer
                        would have been able to arrest the person in that other
                        jurisdiction without a warrant; and
10                 (b) the person has a connection with a cross-border region.
           (2)   The law of the State does not apply in relation to the arrest.

     53.         Arrest under warrant
           (1)   A police officer of another participating jurisdiction may arrest
                 a person in the State under a warrant if --
15                 (a) under the law of that other jurisdiction, the police officer
                        would have been able to arrest the person in that other
                        jurisdiction under a warrant; and
                   (b) the person has a connection with a cross-border region.
           (2)   A magistrate of another participating jurisdiction --
20                (a) may issue in the State a warrant for the arrest of a person
                       under the law of that other jurisdiction if the person has
                       a connection with a cross-border region; and
                  (b) for that purpose, may exercise in the State any of the
                       powers the magistrate has under the law of that other
25                     jurisdiction for the purpose of issuing warrants for the
                       arrest of persons.




     page 38
                                                       Cross-border Justice Bill 2007
       Police officers of another participating jurisdiction exercising        Part 4
                                                       powers in State
                                                     Powers generally     Division 1
                                                                                 s. 54


           (3)   The law of the State does not apply in relation to the arrest or
                 the warrant.
                 Examples for section 53:
                 1.    A person is suspected of committing an offence under SA law in the
 5                     SA portion of the WA/SA/NT region. An SA magistrate anywhere in
                       WA may issue a warrant for the person's arrest. An SA police officer
                       may arrest the person under the warrant anywhere in WA.
                 2.    A person who ordinarily resides in the WA/NT region is suspected of
                       committing an offence under NT law in Katherine. An NT magistrate
10                     anywhere in WA may issue a warrant for the person's arrest. An NT
                       police officer may arrest the person under the warrant anywhere
                       in WA.
                 3.    A person who ordinarily resides in the WA/SA region is suspected of
                       committing an offence under SA law in Port Augusta. An SA magistrate
15                     anywhere in WA may issue a warrant for the person's arrest. An SA
                       police officer may arrest the person under the warrant anywhere
                       in WA.

     54.         Person taken into custody
           (1)   Subsection (2) applies if --
20                (a) a police officer of another participating jurisdiction
                        arrests a person under the law of that other jurisdiction
                        (the "arresting jurisdiction") --
                           (i) whether with or without a warrant; and
                          (ii) whether in the State or another participating
25                              jurisdiction;
                        and
                  (b) the person has a connection with a cross-border region.
           (2)   A police officer of the arresting jurisdiction may --
                  (a) keep the person in custody in the State; and
30                (b) while the person is in custody, take the person to a
                        police station, court or other place in the State for any
                        purpose that is authorised under the law of that other
                        jurisdiction as applied by its cross-border laws.
           (3)   The law of the State does not apply in relation to the custody.


                                                                                     page 39
     Cross-border Justice Bill 2007
     Part 4         Police officers of another participating jurisdiction exercising
                    powers in State
     Division 1     Powers generally
     s. 55


     55.         Investigation of suspected or alleged offence or breach of
                 order
           (1)   This section applies if --
                  (a) a police officer of another participating jurisdiction --
 5                         (i) suspects a person of having committed, or has
                                alleged that a person has committed, an offence
                                under the law of that other jurisdiction (the
                                "investigating jurisdiction"); or
                          (ii) suspects a person of having breached, or has
10                              alleged that a person has breached, an order
                                made under the law of that other jurisdiction;
                         and
                  (b) the person has a connection with a cross-border region.
           (2)   A police officer of the investigating jurisdiction may --
15                (a) investigate the offence or breach in the State; and
                  (b) for that purpose, may exercise in the State any of the
                        powers the police officer has under the law of the
                        investigating jurisdiction for the purpose of investigating
                        the offence or breach.
20         (3)   Without affecting subsection (2), those powers may include
                 powers the police officer has in relation to any of the
                 following --
                   (a) interviewing people;
                   (b) searching people;
25                 (c) taking photographs of people or parts of people's
                        bodies;
                   (d) taking prints of parts of people's bodies (for example,
                        fingerprints, handprints and footprints);
                   (e) taking samples of things, and removing things, from the
30                      external and internal parts of people's bodies;
                    (f) entering and searching places and vehicles;


     page 40
                                                     Cross-border Justice Bill 2007
     Police officers of another participating jurisdiction exercising        Part 4
                                                     powers in State
                                                   Powers generally     Division 1
                                                                               s. 55


                (g)     taking photographs of places and vehicles;
                (h)     inspecting, and taking extracts from or copies of,
                        documents found at places or in vehicles;
                (i)     taking samples of things, and seizing things, from places
 5                      and vehicles;
                (j)     carrying out warrants or orders authorising the police
                        officer to do any of the things referred to in
                        paragraphs (a) to (i);
                (k)     requiring people to assist the police officer to do any of
10                      the things referred to in paragraphs (a) to (j).
     (4)   For the purpose of the investigation of the offence or breach by
           a police officer of the investigating jurisdiction in the State or
           another participating jurisdiction, a magistrate of the
           investigating jurisdiction --
15           (a) may issue in the State a warrant or order under the law
                   of the investigating jurisdiction to be carried out in the
                   State or another participating jurisdiction; and
             (b) for that purpose, may exercise in the State any of the
                   powers the magistrate has under the law of the
20                 investigating jurisdiction for the purpose of issuing
                   warrants or orders for the purpose of the investigation
                   by police officers of that jurisdiction of offences or
                   breaches of orders.
     (5)   The law of the State does not apply in relation to the
25         investigation or the warrant or order.
           Examples for section 55:
           1.         A person is suspected of committing an offence under SA law in the
                      SA portion of the WA/SA/NT region. An SA police officer may
                      investigate the alleged offence anywhere in WA. For the purpose of the
30                    investigation of the alleged offence, an SA magistrate anywhere in WA
                      may issue a warrant to search premises anywhere in WA, SA or
                      the NT.
           2.         A person is arrested in the WA/NT region for an offence under NT law
                      alleged to have been committed in Katherine. An NT police officer may
35                    investigate the alleged offence anywhere in WA. For the purpose of the
                      investigation of the alleged offence, an NT magistrate anywhere in WA


                                                                                   page 41
     Cross-border Justice Bill 2007
     Part 4         Police officers of another participating jurisdiction exercising
                    powers in State
     Division 2     Road traffic powers
     s. 56


                         may issue a warrant to search premises anywhere in WA or the NT but
                         not in SA.
                 3.      A person who ordinarily resides in the WA/SA region is suspected of
                         committing an offence under SA law in Port Augusta. An SA police
 5                       officer may investigate the alleged offence in WA. For the purpose of
                         the investigation of the alleged offence, an SA magistrate anywhere in
                         WA may issue a warrant to search premises anywhere in WA or SA
                         but not in the NT.

     56.         Relationship of this Division with Criminal Investigation
10               (Identifying People) Act 2002 Part 12
                 This Division does not exclude or limit the operation of the
                 Criminal Investigation (Identifying People) Act 2002 Part 12.
                 Note for section 56:
                 A police officer of another participating jurisdiction who is investigating an
15               offence under the law of that other jurisdiction may, for the purpose of
                 examining or obtaining material from the body of a person in the State, elect
                 to use the powers the police officer has under this Division or to proceed
                 under the Criminal Investigation (Identifying People) Act 2002 Part 12.

                            Division 2 -- Road traffic powers

20                    Subdivision 1 -- Vehicle or driver licensing laws

     57.         Powers in relation to offences
           (1)   Subsection (2) applies if --
                  (a) a police officer of another participating jurisdiction
                        suspects a person of having committed, or has alleged
25                      that a person has committed, an offence under that other
                        jurisdiction's vehicle or driver licensing laws; and
                  (b) the person has a connection with a cross-border region.
           (2)   A police officer of that other jurisdiction may exercise in the
                 State any of the powers the police officer has under the law of
30               that other jurisdiction in relation to the offence.




     page 42
                                                       Cross-border Justice Bill 2007
       Police officers of another participating jurisdiction exercising        Part 4
                                                       powers in State
                                                  Road traffic powers     Division 2
                                                                                 s. 58


     58.         Other powers
           (1)   In this section --
                 "licensing powers", of a police officer of another participating
                      jurisdiction, means any of the powers the police officer has
 5                    under that other jurisdiction's vehicle or driver licensing
                      laws other than a power to which section 57(2) applies.
           (2)   A police officer of another participating jurisdiction may
                 exercise in the State any of the police officer's licensing powers
                 in relation to a person who ordinarily resides in a part of that
10               other jurisdiction that is in a cross-border region.

                     Subdivision 2 -- Drink or drug-driving laws

     59.         Powers that may be exercised in State
           (1)   Subsection (3) applies if a police officer of another participating
                 jurisdiction has required a person in a part of that other
15               jurisdiction that is in a cross-border region to provide a sample
                 of the person's breath or oral fluid for a preliminary alcohol or
                 drug test under that other jurisdiction's drink or drug-driving
                 laws.
           (2)   Subsection (3) applies if --
20                (a) a police officer of another participating jurisdiction
                        suspects a person of having committed, or has alleged
                        that a person has committed, a drink or drug-driving
                        offence under the law of that other jurisdiction; and
                  (b) the person has a connection with a cross-border region.
25         (3)   Subject to section 60, a police officer of that other jurisdiction
                 may exercise in the State any of the powers the police officer
                 has under that other jurisdiction's drink or drug-driving laws in
                 relation to the person.




                                                                             page 43
     Cross-border Justice Bill 2007
     Part 4         Police officers of another participating jurisdiction exercising
                    powers in State
     Division 2     Road traffic powers
     s. 60


     60.         Preliminary alcohol or drug test cannot be conducted in
                 State
                 Section 59 does not authorise a police officer of another
                 participating jurisdiction to require a person in the State to
 5               provide a sample of breath or oral fluid for a preliminary
                 alcohol or drug test under that other jurisdiction's drink or
                 drug-driving laws.

                      Subdivision 3 -- Vehicle impounding laws

     61.         Powers
10         (1)   In this section --
                 "person", connected with a vehicle, means the person who --
                      (a) is suspected of having committed; or
                      (b) is alleged to have committed; or
                      (c) has been found guilty of,
15                    the offence for which the vehicle may or is required to be
                      impounded or confiscated.
           (2)   A police officer or other office holder of another participating
                 jurisdiction may exercise in relation to a vehicle in the State any
                 of the powers the police officer or office holder has under that
20               other jurisdiction's vehicle impounding laws in relation to a
                 vehicle if --
                   (a) the person connected with the vehicle has a connection
                         with a cross-border region; and
                   (b) if the exercise of the power is for the purpose of giving
25                       effect to a court order -- the order was made by a
                         prescribed court of that other jurisdiction.




     page 44
                                                       Cross-border Justice Bill 2007
       Police officers of another participating jurisdiction exercising        Part 4
                                                       powers in State
                                              Restraining orders laws     Division 3
                                                                                 s. 62


                         Subdivision 4 -- Miscellaneous matters

     62.         Law of State does not apply
                 The law of the State does not apply in relation to the powers in
                 respect of which this Division applies.

 5   63.         Relationship with Division 1
                 The powers that a police officer of another participating
                 jurisdiction is authorised under this Division to exercise in the
                 State are in addition to, and do not exclude or limit, any of the
                 powers the police officer is authorised under Division 1 to
10               exercise in the State.

                        Division 3 -- Restraining orders laws
     64.         Meaning of "NT police order"
                 In this Division --
                 "NT police order" means an order made by a police officer of
15                    the Northern Territory under the Northern Territory's
                      restraining orders laws.

     65.         Making NT police orders
           (1)   A police officer of the Northern Territory may make an NT
                 police order in the State if the person against whom the order is
20               sought or proposed to be made has a connection with a
                 cross-border region.
           (2)   The law of the State does not apply in relation to the making of
                 the order.
                 Note for section 65:
25               For the purpose of deciding whether or not the person against whom the NT
                 police order is sought or proposed to be made has a connection with a
                 cross-border region, section 22 and Part 2 Division 4 apply.




                                                                                   page 45
     Cross-border Justice Bill 2007
     Part 4         Police officers of another participating jurisdiction exercising
                    powers in State
     Division 3     Restraining orders laws
     s. 66


     66.         Enforcement of NT police orders
           (1)   This section applies if --
                  (a) a person in the State is a person against whom an NT
                         police order is in force; and
 5                (b) the person against whom, or for whose benefit, the order
                         is made ordinarily resides in a cross-border region.
           (2)   A police officer of the Northern Territory may exercise the
                 police officer's powers in relation to the person against whom
                 the order is made.
10         (3)   The law of the State does not apply in relation to those powers.




     page 46
                                                    Cross-border Justice Bill 2007
      Prescribed courts of State exercising cross-border jurisdiction       Part 5
                                                Preliminary matters    Division   1
                                                                              s. 67



             Part 5 -- Prescribed courts of State exercising
                       cross-border jurisdiction
                         Division 1 -- Preliminary matters
     67.         Operation of courts outside State not limited
 5               This Part does not limit, and applies subject to, the following --
                  (a) the Magistrates Court Act 2004 section 8;
                  (b) the Children's Court of Western Australia Act 1988
                        section 13.

                 Division 2 -- Jurisdiction and powers of courts
10   68.         Proceedings that may be heard in another participating
                 jurisdiction
           (1)   A prescribed court of the State may hear and determine a
                 proceeding referred to in subsection (2) in another participating
                 jurisdiction if the person who is the subject of the proceeding
15               has a connection with a cross-border region for the purposes of
                 the proceeding.
           (2)   Any of the following proceedings of a prescribed court of the
                 State may be heard and determined in another participating
                 jurisdiction under subsection (1) --
20                 (a) in the criminal jurisdiction of the Magistrates Court
                         under the Magistrates Court Act 2004 section 11;
                   (b) in the criminal jurisdiction of the Children's Court under
                         the Children's Court of Western Australia Act 1988
                         section 19;
25                 (c) under the Bail Act 1982;
                   (d) under the Sentencing Act 1995;
                   (e) under the Young Offenders Act 1994;
                    (f) under the Restraining Orders Act 1997;



                                                                           page 47
     Cross-border Justice Bill 2007
     Part 5         Prescribed courts of State exercising cross-border jurisdiction
     Division 2     Jurisdiction and powers of courts
     s. 68



                    (g)     under the Firearms Act 1973 in respect of an order that
                            may be made under section 27A or 28 of that Act;
                    (h)     under the Road Traffic Act 1974 in respect of any of the
                            following --
 5                             (i) the imposition or removal of a disqualification
                                   from holding or obtaining a driver's licence;
                              (ii) an order for the issue of, for a change in the
                                   limitations and conditions of, or for the
                                   cancellation of, an extraordinary licence;
10                           (iii) the impounding or confiscation of a vehicle;
                             (iv) the sale or disposal of an impounded or
                                   confiscated vehicle;
                    (i)     prescribed by the regulations.
        (3)    To avoid doubt, a prescribed court of the State can only hear
15             and determine in another participating jurisdiction a proceeding
               that the court can hear and determine in the State.
               Examples for section 68:
               1.         A person is charged with an offence under WA law alleged to have
                          been committed in the WA portion of the WA/SA/NT region. The
20                        charge may be heard by a WA magistrate sitting anywhere in WA, SA
                          or the NT.
               2.         A person who ordinarily resides in the WA/SA region is charged with
                          an offence under WA law alleged to have been committed in
                          Kalgoorlie. The charge may be heard by a WA magistrate sitting
25                        anywhere in WA or SA but not in the NT.
               3.         A person is arrested in the WA/SA/NT region for an offence under WA
                          law alleged to have been committed in Perth (the "WA/SA/NT charge").
                          The person also has an outstanding charge for an offence under WA
                          law alleged to have been committed in the WA portion of the WA/NT
30                        region (the "WA/NT charge"). The WA/SA/NT charge may be heard by
                          a WA magistrate sitting anywhere in WA, SA or the NT. The WA/NT
                          charge may be heard by a WA magistrate sitting anywhere in WA or
                          the NT. It may also be heard by a WA magistrate sitting anywhere in
                          SA, but only if it is heard with the WA/SA/NT charge.




     page 48
                                                     Cross-border Justice Bill 2007
      Prescribed courts of State exercising cross-border jurisdiction        Part 5
                                   Jurisdiction and powers of courts    Division   2
                                                                               s. 69



     69.         Exercise of jurisdiction and powers
           (1)   A prescribed court of the State may --
                  (a) exercise its cross-border jurisdiction in the State or
                        another participating jurisdiction; and
 5                (b) for that purpose, have registries in and sit in another
                        participating jurisdiction.
           (2)   For the purpose of exercising its cross-border jurisdiction, a
                 prescribed court of the State may exercise in another
                 participating jurisdiction any of the powers the court may
10               exercise in the State, including powers in relation to the
                 following --
                   (a) compelling witnesses;
                   (b) administering oaths;
                   (c) punishing for contempt;
15                 (d) issuing warrants, summonses and other process.
           (3)   For subsection (2), the powers of a prescribed court of the State
                 include the powers of the court that may be exercised by a
                 magistrate or registrar of the court.
           (4)   To avoid doubt, a prescribed court of the State may exercise in
20               another participating jurisdiction its cross-border jurisdiction in
                 relation to a cross-border proceeding whether or not the
                 proceeding is heard and determined in that other jurisdiction.

     70.         Practice and procedure
                 The practice and procedure of a prescribed court of the State
25               apply (with any appropriate modifications) when the court is
                 exercising its cross-border jurisdiction.

     71.         Rules of evidence
                 The rules of evidence applied by a prescribed court of the State
                 apply (with any appropriate modifications) when the court is
30               exercising its cross-border jurisdiction.


                                                                             page 49
     Cross-border Justice Bill 2007
     Part 5         Prescribed courts of State exercising cross-border jurisdiction
     Division 3     Miscellaneous matters relating to cross-border proceedings
     s. 72



     72.         Offence to fail to comply with order, judgment, warrant or
                 summons
           (1)   Subsection (2) applies if --
                  (a) in the exercise of its cross-border jurisdiction, a
 5                      prescribed court of the State issues an order, judgment,
                        warrant or summons; and
                  (b) a person in another participating jurisdiction fails to
                        comply with the order, judgment, warrant or summons;
                        and
10                (c) the failure would, if it were to occur in the State,
                        constitute an offence under the law of the State.
           (2)   The person commits an offence under this Act punishable by the
                 same penalty as is prescribed for the offence referred to in
                 subsection (1)(c).
15         (3)   If the offence referred to in subsection (1)(c) is an indictable
                 offence, the offence under subsection (2) is also an indictable
                 offence.

                 Division 3 -- Miscellaneous matters relating to
                            cross-border proceedings
20   73.         Legal practitioners of another participating jurisdiction
                 entitled to appear etc.
                 A person who is entitled to engage in legal practice under the
                 law of another participating jurisdiction is entitled --
                   (a) to appear for a person in a cross-border proceeding of a
25                       prescribed court of the State; and
                   (b) to provide advice and other services to a person in
                         relation to such a proceeding,
                 if the person who is the subject of the proceeding has a
                 connection with a cross-border region that is partly in that other
30               jurisdiction for the purposes of the proceeding.


     page 50
                                                    Cross-border Justice Bill 2007
      Prescribed courts of State exercising cross-border jurisdiction       Part 5
        Miscellaneous matters relating to cross-border proceedings     Division   3
                                                                              s. 74



     74.         Court documents may be lodged, served or issued in another
                 participating jurisdiction
                 A court document of a prescribed court of the State may be
                 lodged, served or issued in another participating jurisdiction.

 5   75.         Court documents in wrong form do not invalidate
                 proceedings or decisions
           (1)   This section applies if --
                  (a) a document lodged, served or issued in a cross-border
                         proceeding of a prescribed court of the State (the "State
10                       court") is in the form of a court document of a
                         prescribed court of another participating jurisdiction (the
                         "interstate court"); and
                  (b) the person who is the subject of the proceeding has a
                         connection with a cross-border region that is partly in
15                       that other jurisdiction for the purposes of the
                         proceeding.
           (2)   The proceeding or a decision in the proceeding cannot be
                 challenged, appealed against, quashed or called into question on
                 the ground that the document is in the form of a court document
20               of the interstate court.
           (3)   The State court may, on an application made by a party to the
                 proceeding or on its own initiative, order that a document in the
                 form of a court document of the State court be lodged, served or
                 issued (as the case requires) instead of the document referred to
25               in subsection (1)(a).
           (4)   A document lodged, served or issued under subsection (3) is
                 taken to have been lodged, served or issued on the day on
                 which, and at the time at which, the document referred to in
                 subsection (1)(a) was lodged, served or issued.




                                                                            page 51
     Cross-border Justice Bill 2007
     Part 5         Prescribed courts of State exercising cross-border jurisdiction
     Division 4     Registration of interstate restraining orders
     s. 76



     76.       Application of Court Security and Custodial Services
               Act 1999
               The Court Security and Custodial Services Act 1999 does not
               apply in relation to any premises or other place in another
 5             participating jurisdiction used for the purposes of a cross-border
               proceeding of a prescribed court of the State.

     77.       Law of State applies
               Except to the extent this Act provides differently, the law of the
               State applies (with any appropriate modifications) in relation to
10             the exercise by a prescribed court of the State of its cross-border
               jurisdiction.

           Division 4 -- Registration of interstate restraining orders
     78.       Part 2 Divisions 2 and 4 do not apply
               Part 2 Divisions 2 and 4 do not apply in relation to a power in
15             respect of which this Division applies.

     79.       Terms used in this Division
               In this Division --
               "NT restraining order" means a restraining order of the
                    Northern Territory;
20             "register" means to register under the Restraining Orders
                    Act 1997 Part 7;
               "SA restraining order" means a restraining order of South
                    Australia.

     80.       Registration of SA restraining orders under WA law
25             A registrar of the Magistrates Court may register an
               SA restraining order in another participating jurisdiction if --
                (a) the order was made, amended or varied in a cross-border
                       proceeding of a prescribed court of South Australia for
                       the purposes of which the person against whom the

     page 52
                                                     Cross-border Justice Bill 2007
      Prescribed courts of State exercising cross-border jurisdiction        Part 5
                        Registration of interstate restraining orders   Division   4
                                                                               s. 81



                       order was made had a connection with a cross-border
                       region that is partly in that other jurisdiction; or
                (b)    the person against whom, or for whose benefit, the order
                       was made ordinarily resides in that other jurisdiction.
 5            Examples for section 80:

              1. An SA magistrate sitting in Alice Springs makes a restraining order under
                 SA's restraining orders laws. For the purposes of the proceeding, the
                 person against whom the order is made had a connection with the
                 WA/SA/NT region. The Alice Springs registry is a registry of the WA
10               Magistrates Court. Exercising the powers of a registrar of the WA
                 Magistrates Court, a registry officer registers the order under WA's
                 restraining orders laws.
              2. An SA magistrate sitting in Port Augusta makes a restraining order under
                 SA's restraining orders laws. The person for whose benefit the order is
15               made ordinarily resides in SA. The Port Augusta registry is a registry of
                 the WA Magistrates Court. Exercising the powers of a registrar of the WA
                 Magistrates Court, a registry officer registers the order under WA's
                 restraining orders laws.

     81.      Registration of NT restraining orders under WA law
20            A registrar of the Magistrates Court may register an
              NT restraining order in another participating jurisdiction if --
               (a) the order was made, amended or varied in a
                      cross-border proceeding of a prescribed court of the
                      Northern Territory for the purposes of which the person
25                    against whom the order was made had a connection with
                      a cross-border region that is partly in that other
                      jurisdiction; or
               (b) the person against whom, or for whose benefit, the order
                      was made ordinarily resides in that other jurisdiction.
30            Examples for section 81:

              1. An NT magistrate sitting in Darwin makes a restraining order under the
                 NT's restraining orders laws. For the purposes of the proceeding, the
                 person against whom the order is made had a connection with the WA/NT
                 region. The Darwin registry is a registry of the WA Magistrates Court.
35               Exercising the powers of a registrar of the WA Magistrates Court, a
                 registry officer registers the order under WA's restraining orders laws.




                                                                                  page 53
    Cross-border Justice Bill 2007
    Part 5         Prescribed courts of State exercising cross-border jurisdiction
    Division 4     Registration of interstate restraining orders
    s. 81



              2. An NT magistrate sitting in Alice Springs makes a restraining order under
                 the NT's restraining orders laws. The person for whose benefit the order is
                 made ordinarily resides in the NT. The Alice Springs registry is a registry
                 of the WA Magistrates Court. Exercising the powers of a registrar of the
5                WA Magistrates Court, a registry officer registers the order under WA's
                 restraining orders laws.




    page 54
                                                       Cross-border Justice Bill 2007
                 Prescribed courts of another participating jurisdiction       Part 6
                                  exercising cross-border jurisdiction
                                    Jurisdiction and powers of courts     Division 1
                                                                                 s. 82


       Part 6 -- Prescribed courts of another participating
         jurisdiction exercising cross-border jurisdiction
                  Division 1 -- Jurisdiction and powers of courts
     82.         Proceedings that may be heard in State
 5               A prescribed court of another participating jurisdiction may hear
                 and determine a cross-border proceeding of the court in the
                 State if the person who is the subject of the proceeding has a
                 connection with a cross-border region for the purposes of the
                 proceeding.
10               Examples for section 82:

                 1.    A person is charged with an offence under NT law alleged to have
                       been committed in the NT portion of the WA/SA/NT region. The charge
                       may be heard by an NT magistrate sitting anywhere in WA.

                 2.    A person who ordinarily resides in the WA/SA region is charged with
15                     an offence under SA law alleged to have been committed in
                       Port Augusta. The charge may be heard by an SA magistrate sitting
                       anywhere in WA.

                 3.    A person is arrested in the WA/SA/NT region for an offence alleged to
                       have been committed under NT law in Darwin. The person also has an
20                     outstanding charge for an offence under NT law alleged to have been
                       committed in the NT portion of the WA/NT region. Both charges may
                       be heard by an NT magistrate sitting anywhere in WA.

     83.         Exercise of jurisdiction and powers
           (1)   A prescribed court of another participating jurisdiction may --
25                (a) exercise its cross-border jurisdiction in the State; and
                  (b) for that purpose, have registries in and sit in the State.
           (2)   For the purpose of exercising its cross-border jurisdiction, a
                 prescribed court of another participating jurisdiction may
                 exercise in the State any of the powers the court may exercise in
30               that other jurisdiction, including powers in relation to the
                 following --
                   (a) compelling witnesses;


                                                                                   page 55
     Cross-border Justice Bill 2007
     Part 6         Prescribed courts of another participating jurisdiction
                    exercising cross-border jurisdiction
     Division 2     Miscellaneous matters relating to cross-border proceedings
     s. 84


                   (b)    administering oaths;
                   (c)    punishing for contempt;
                   (d)    issuing warrants, summonses and other process.
           (3)   For subsection (2), the powers of a prescribed court of another
 5               participating jurisdiction include the powers of the court that
                 may be exercised by a magistrate or registrar of the court.
           (4)   To avoid doubt, a prescribed court of another participating
                 jurisdiction may exercise in the State its cross-border
                 jurisdiction in relation to a cross-border proceeding whether or
10               not the proceeding is heard and determined in the State.

                  Division 2 -- Miscellaneous matters relating to
                             cross-border proceedings
     84.         Exception to Criminal Code Act 1913 section 4
                 Despite the Criminal Code Act 1913 section 4, a person may be
15               tried and punished in the State for an offence under the law of
                 another participating jurisdiction by a prescribed court of that
                 other jurisdiction in a cross-border proceeding of that court.
                 Note: The Criminal Code Act 1913 appears as Appendix B to the Criminal
                       Code Act Compilation Act 1913.

20   85.         Privileges, protection and immunity of participants in
                 proceedings
           (1)   A magistrate of a prescribed court of another participating
                 jurisdiction --
                   (a) hearing or determining in the State a cross-border
25                       proceeding of that other jurisdiction; or
                   (b) exercising in the State the cross-border jurisdiction of
                         the court or a power of the court for the purposes of that
                         jurisdiction,




     page 56
                                                        Cross-border Justice Bill 2007
                  Prescribed courts of another participating jurisdiction       Part 6
                                   exercising cross-border jurisdiction
           Miscellaneous matters relating to cross-border proceedings      Division 2
                                                                                  s. 86


                 has the same privileges, protection and immunity as a judge of
                 the Supreme Court has in the performance of his or her duties as
                 a judge.
           (2)   A person appearing in the State as a legal practitioner in a
 5               cross-border proceeding of a prescribed court of another
                 participating jurisdiction has the same protection and immunity
                 as counsel appearing in a proceeding in the Supreme Court.
           (3)   A person appearing in the State as a witness in a cross-border
                 proceeding of a prescribed court of another participating
10               jurisdiction has the same protection as a witness appearing in a
                 proceeding in the Supreme Court.

     86.         Court documents may be lodged, served or issued in State
                 A court document of a prescribed court of another participating
                 jurisdiction may be lodged, served or issued in the State.

15   87.         Application of Court Security and Custodial Services
                 Act 1999
                 The Court Security and Custodial Services Act 1999 applies in
                 relation to any premises or other place in the State used for the
                 purposes of a cross-border proceeding of a prescribed court of
20               another participating jurisdiction as if the premises or place
                 were used for the purposes of a proceeding of a court of the
                 State.

     88.         Law of State does not apply
                 Except to the extent this Act provides differently, the law of the
25               State does not apply in relation to the exercise by a prescribed
                 court of another participating jurisdiction of its cross-border
                 jurisdiction in the State.




                                                                              page 57
     Cross-border Justice Bill 2007
     Part 6         Prescribed courts of another participating jurisdiction
                    exercising cross-border jurisdiction
     Division 3     Registration of interstate restraining orders
     s. 89


           Division 3 -- Registration of interstate restraining orders
     89.         Part 2 Divisions 2 and 4 do not apply
                 Part 2 Divisions 2 and 4 do not apply in relation to a power in
                 respect of which this Division applies.

 5   90.         Registration of WA or NT restraining orders under SA law
           (1)   In this section --
                 "interstate restraining order" means --
                      (a) a restraining order of the State; or
                      (b) a restraining order of the Northern Territory;
10               "register" means to register under the restraining orders laws of
                      South Australia.
           (2)   The Principal Registrar of the Magistrates Court of
                 South Australia may register an interstate restraining order in
                 the State if --
15                 (a) the order was made, amended or varied in a cross-border
                         proceeding of a prescribed court of the State or the
                         Northern Territory for the purposes of which the person
                         against whom the order was made had a connection with
                         a cross-border region that is partly in South Australia; or
20                 (b) the person against whom, or for whose benefit, the order
                         was made ordinarily resides in South Australia.
                 Examples for section 90:

                 1. A WA magistrate sitting in Perth makes a restraining order under WA's
                    restraining orders laws. For the purposes of the proceeding, the person
25                  against whom the order is made had a connection with the WA/SA region.
                    The Perth registry is a registry of the SA Magistrates Court. Exercising the
                    powers of the Principal Registrar of the SA Magistrates Court, a registry
                    officer registers the order under SA's restraining orders laws.

                 2. An NT magistrate sitting in Kalgoorlie makes a restraining order under the
30                  NT's restraining orders laws. The person for whose benefit the order is
                    made ordinarily resides in SA. The Kalgoorlie registry is a registry of the
                    SA Magistrates Court. Exercising the powers of the Principal Registrar of
                    the SA Magistrates Court, a registry officer registers the order under SA's
                    restraining orders laws.

     page 58
                                                       Cross-border Justice Bill 2007
                 Prescribed courts of another participating jurisdiction       Part 6
                                  exercising cross-border jurisdiction
                          Registration of interstate restraining orders   Division 3
                                                                                 s. 91


     91.         Registration of WA or SA restraining orders under NT law
           (1)   In this section --
                 "interstate restraining order" means --
                      (a) a restraining order of the State; or
 5                    (b) a restraining order of South Australia;
                 "register" means to register under the Northern Territory's
                      restraining orders laws.
           (2)   The Registrar of the Local Court of the Northern Territory may
                 register an interstate restraining order in the State if --
10                 (a) the order was made, amended or varied in a cross-border
                         proceeding of a prescribed court of the State or South
                         Australia for the purposes of which the person against
                         whom the order was made had a connection with a
                         cross-border region that is partly in the Northern
15                       Territory; or
                   (b) the person against whom, or for whose benefit, the order
                         was made ordinarily resides in the Northern Territory.
                 Examples for section 91:

                 1. A WA magistrate sitting in Perth makes a restraining order under WA's
20                  restraining orders laws. The person for whose benefit the order is made
                    ordinarily resides in the NT. The Perth registry is a registry of the NT Local
                    Court. Exercising the powers of the Registrar of the NT Local Court, a
                    registry officer registers the order under the NT's restraining orders laws.

                 2. An SA magistrate sitting in Kalgoorlie makes a restraining order under
25                  SA's restraining orders laws. For the purposes of the proceeding, the
                    person against whom the order is made had a connection with the
                    WA/SA/NT region. The Kalgoorlie registry is a registry of the NT Local
                    Court. Exercising the powers of the Registrar of the NT Local Court, a
                    registry officer registers the order under the NT's restraining orders laws.




                                                                                        page 59
     Cross-border Justice Bill 2007
     Part 7         Bail of persons in custody under law of State

     s. 92



     Part 7 -- Bail of persons in custody under law of State
     92.         Police officer of State may exercise powers in another
                 participating jurisdiction
           (1)   Subsection (2) applies if a person is in the custody of a police
 5               officer of the State in another participating jurisdiction under
                 section 34(2)(a).
           (2)   The Bail Act 1982 applies (with any appropriate modifications)
                 in relation to the person.

     93.         Offence to fail to comply with bail undertaking
10         (1)   Subsection (2) applies if --
                  (a) a person in another participating jurisdiction fails to
                        comply with a bail undertaking entered into by the
                        person under the Bail Act 1982; and
                  (b) the failure would, if it were to occur in the State,
15                      constitute an offence under the law of the State.
           (2)   The person commits an offence under this Act punishable by the
                 same penalty as is prescribed for the offence referred to in
                 subsection (1)(b).
           (3)   If the offence referred to in subsection (1)(b) is an indictable
20               offence, the offence under subsection (2) is also an indictable
                 offence.




     page 60
                                                    Cross-border Justice Bill 2007
       Bail of persons in custody under law of another participating        Part 8
                                                        jurisdiction

                                                                                 s. 94


            Part 8 -- Bail of persons in custody under law of
                   another participating jurisdiction
     94.         Police officer of another participating jurisdiction may
                 exercise powers in State
 5         (1)   Subsection (2) applies if a person is in the custody of a police
                 officer of another participating jurisdiction in the State under
                 section 54(2)(a).
           (2)   A police officer of that other jurisdiction may exercise in
                 relation to the person any of the powers the police officer has
10               under the law of that other jurisdiction in relation to the bail of a
                 person in custody in that other jurisdiction.
           (3)   The Bail Act 1982 does not apply in relation to the person.




                                                                              page 61
     Cross-border Justice Bill 2007
     Part 9         Mentally impaired accused

     s. 95



                    Part 9 -- Mentally impaired accused
     95.         Terms used in this Part
                 In this Part --
                 "NT proceeding" means --
 5                    (a) a cross-border proceeding of a prescribed court of the
                             Northern Territory for the purposes of which the
                             person who is the subject of the proceeding has a
                             connection with a cross-border region; or
                      (b) an appeal from such a proceeding;
10               "SA proceeding" means --
                      (a) a cross-border proceeding of a prescribed court of
                             South Australia for the purposes of which the person
                             who is the subject of the proceeding has a connection
                             with a cross-border region; or
15                    (b) an appeal from such a proceeding;
                 "State authorised hospital" means an authorised hospital as
                      defined in the Mental Health Act 1996 section 3;
                 "State prison" means a prison in the State.

     96.         Persons committed to detention or custody under SA law
20         (1)   If --
                   (a)   in an SA proceeding, the person who is the subject of
                         the proceeding is committed to detention under the
                         Criminal Law Consolidation Act 1935 (South Australia)
                         Part 8A; and
25                (b)    the person is required by a direction made under
                         section 269V of that Act to be kept in custody in a State
                         authorised hospital or State prison,
                 the person may be kept in custody in the hospital or prison in
                 accordance with the direction.



     page 62
                                                    Cross-border Justice Bill 2007
                                         Mentally impaired accused          Part 9

                                                                              s. 97



           (2)   If, in an SA proceeding, the person who is the subject of the
                 proceeding is committed under the Criminal Law Consolidation
                 Act 1935 (South Australia) section 269X to custody in a State
                 authorised hospital or State prison, the person may be kept in
 5               custody in the hospital or prison in accordance with the
                 committal.

     97.         Persons detained under NT law
                 If, in an NT proceeding, the person who is the subject of the
                 proceeding is required by an order made under --
10                  (a) the Mental Health and Related Services Act
                          (Northern Territory) section 74 or 75; or
                   (b) the Sentencing Act (Northern Territory) section 79 or 80,
                 to be detained in a State authorised hospital, the person may be
                 detained in the hospital in accordance with the order.




                                                                           page 63
     Cross-border Justice Bill 2007
     Part 10        Sentences and orders under law of State
     Division 1     Custodial sentences and orders
     s. 98



       Part 10 -- Sentences and orders under law of State
                     Division 1 -- Custodial sentences and orders

                 Subdivision 1 -- Sentences of imprisonment or detention

     98.           Serving sentence in State or another participating
 5                 jurisdiction
           (1)     A person who is sentenced to a term of imprisonment or period
                   of detention in respect of an offence under the law of the State is
                   liable to serve the sentence in a prison or detention centre in the
                   State or another participating jurisdiction if the person has a
10                 connection with a cross-border region.
           (2)     A person may be kept in custody in a prison or detention centre
                   of another participating jurisdiction under subsection (1) for the
                   period necessary to serve the sentence.
           (3)     While a person is kept in custody in a prison or detention centre
15                 of another participating jurisdiction under subsection (1), the
                   person is taken to be serving the sentence.

     99.           Warrant of commitment
                   A judicial officer or registrar of the court sentencing a person to
                   whom section 98 applies may issue a warrant of commitment
20                 directed to all authorised officers and ordering them to take the
                   person to a prison or detention centre in the State or another
                   participating jurisdiction.

                                 Subdivision 2 -- Remand

     100.          Remanded in custody in State or another participating
25                 jurisdiction
                   A person who is remanded in custody in respect of an alleged
                   offence under the law of the State may be kept in custody in a
                   remand facility in the State or another participating jurisdiction


     page 64
                                                Cross-border Justice Bill 2007
                        Sentences and orders under law of State       Part 10
                                Custodial sentences and orders     Division  1
                                                                        s. 101



             in accordance with the order remanding the person if the person
             has a connection with a cross-border region.

     101.    Remand warrant
             A judicial officer or registrar of the court remanding a person to
 5           whom section 100 applies may issue a remand warrant directed
             to all authorised officers and ordering them to take the person to
             a remand facility in the State or another participating
             jurisdiction.

     102.    Law of State applies
10           Except to the extent this Act provides differently, the law of the
             State applies (with any appropriate modifications) in relation to
             the remand of a person in another participating jurisdiction
             under a remand warrant issued under section 101.

                       Subdivision 3 -- Bring up orders

15   103.    Bringing prisoner or detainee in another participating
             jurisdiction before judicial body of State
       (1)   In this section --
             "judicial body", of the State, means a court, tribunal or other
                  body or person that under the law of the State has judicial
20                or quasi judicial functions or otherwise acts judicially, and
                  includes --
                  (a) a Royal Commission under the Royal Commissions
                         Act 1968; and
                  (b) the Corruption and Crime Commission established
25                       under the Corruption and Crime Commission
                         Act 2003;
             "proceedings", of a judicial body of the State, includes
                  anything done in the performance of the functions of the
                  judicial body.




                                                                        page 65
     Cross-border Justice Bill 2007
     Part 10        Sentences and orders under law of State
     Division 1     Custodial sentences and orders
     s. 104



        (2)    This section applies in relation to a person in custody in a prison
               or detention centre in another participating jurisdiction under
               the law of a participating jurisdiction.
        (3)    If the person is required or entitled to be present at proceedings
 5             of a judicial body of the State --
                 (a) the judicial body or a person constituting it for the
                       proceedings; or
                 (b) an officer of the judicial body authorised in accordance
                       with its procedures; or
10               (c) the person in charge of the prison or detention centre,
               may, by written order, direct that the person be brought up to
               the place named in the order.
        (4)    The order can only be made if the person has a connection with
               a cross-border region that is partly in the participating
15             jurisdiction in which the person is in custody.
        (5)    If 2 or more people constitute the judicial body for the
               proceedings, subsection (3)(a) applies to each of them.
               Note for section 103:
               The Prisons Act 1981 applies for the purpose of bringing up a person who is
20             in custody in a prison in the State under the law of a participating jurisdiction.

     104.      Custody of person brought up from prison or detention
               centre in another participating jurisdiction
               If an order is made under section 103 in relation to a person --
                 (a) the person in charge of the prison or detention centre in
25                     which the person is in custody may charge an authorised
                       officer with carrying out the order; and
                 (b) the person must --
                         (i) while absent from the prison or detention centre
                               for the purpose specified in the order, be kept in
30                             the charge of an authorised officer; and



     page 66
                                                Cross-border Justice Bill 2007
                        Sentences and orders under law of State       Part 10
                                Custodial sentences and orders     Division  1
                                                                        s. 105



                      (ii)   in due course and subject to any lawful order to
                             the contrary, be returned to the custody from
                             which the person was brought up without any
                             prejudice to any cause or matter under the law of
 5                           the State for which the person was in that
                             custody;
                    and
              (c)   if the proceeding that the person is required to attend is
                    adjourned, the person may during the adjournment --
10                     (i) be taken to and confined in a prison or detention
                            centre in a participating jurisdiction or be kept at
                            a place in a participating jurisdiction in the
                            charge of an authorised officer; or
                      (ii) be brought up from time to time and day-to-day
15                          to the place where the person's attendance is
                            required.

                    Subdivision 4 -- Miscellaneous matters

     105.   Carrying out custodial orders
            An authorised officer of a participating jurisdiction may carry
20          out a custodial order of the State in the State or another
            participating jurisdiction.

     106.   Application of Court Security and Custodial Services
            Act 1999
            The Court Security and Custodial Services Act 1999 does not
25          apply in relation to a person in custody in another participating
            jurisdiction under this Part.

     107.   Application of Prisons Act 1981
            The Prisons Act 1981 does not apply in relation to a person in
            custody in a prison in another participating jurisdiction under
30          this Part.


                                                                        page 67
     Cross-border Justice Bill 2007
     Part 10        Sentences and orders under law of State
     Division 2     Non-custodial sentences and orders
     s. 108



     108.      Application of Young Offenders Act 1994
        (1)    The prescribed provisions of the Young Offenders Act 1994 do
               not apply in relation to a person in custody in a detention centre
               in another participating jurisdiction under this Part.
 5      (2)    For subsection (1), the prescribed provisions are --
                (a) Part 9, except section 178; and
                (b) sections 188, 191 and 193.

               Division 2 -- Non-custodial sentences and orders
     109.      Carrying out non-custodial orders in another participating
10             jurisdiction
        (1)    A non-custodial order of the State may be carried out (wholly or
               partly) in another participating jurisdiction if the person against
               whom the order is made or issued has a connection with a
               cross-border region.
15      (2)    A community corrections officer or juvenile justice officer of
               the State may exercise in another participating jurisdiction any
               of the powers the officer has under the law of the State in
               relation to a non-custodial order of the State if the person
               against whom the order was made or issued has a connection
20             with a cross-border region.
        (3)    The law of the State applies (with any appropriate
               modifications) in relation to the order and those powers.

     110.      Conducting diversionary programs for young offenders in
               another participating jurisdiction
25      (1)    A police officer, juvenile justice officer or other office holder of
               the State may exercise in another participating jurisdiction any
               of the powers the office holder has under the Young Offenders
               Act 1994 Part 5 in relation to an alleged offender who has a
               connection with a cross-border region.



     page 68
                                         Cross-border Justice Bill 2007
                 Sentences and orders under law of State       Part 10
                     Non-custodial sentences and orders     Division  2
                                                                 s. 110



(2)   The law of the State applies (with any appropriate
      modifications) in relation to those powers.




                                                               page 69
     Cross-border Justice Bill 2007
     Part 11        Sentences and orders under law of another participating
                    jurisdiction
     Division 1     Custodial sentences and orders
     s. 111


      Part 11 -- Sentences and orders under law of another
                   participating jurisdiction
                 Division 1 -- Custodial sentences and orders
     111.      Serving sentence of imprisonment or detention in State
 5      (1)    A person who is sentenced to a term of imprisonment or period
               of detention in respect of an offence under the law of another
               participating jurisdiction may serve the sentence in a prison or
               detention centre in the State if the person has a connection with
               a cross-border region.
10      (2)    A person may be kept in custody in a prison or detention centre
               of the State under subsection (1) for the period necessary to
               serve the sentence.
        (3)    A person being kept in custody in a prison or detention centre
               under subsection (1) may be released from custody in
15             accordance with the law of that other jurisdiction.

     112.      Remanded in custody in State
        (1)    A person who is remanded in custody in respect of an alleged
               offence under the law of another participating jurisdiction may
               be kept in custody in a remand facility in the State in
20             accordance with the order remanding the person if the person
               has a connection with a cross-border region.
        (2)    Except to the extent this Act provides differently, the law of the
               State does not apply in relation to the remand of a person in a
               remand facility of the State under subsection (1).

25   113.      Carrying out custodial orders
        (1)    An authorised officer of a participating jurisdiction may carry
               out a custodial order of another participating jurisdiction in the
               State.



     page 70
                                                    Cross-border Justice Bill 2007
             Sentences and orders under law of another participating      Part 11
                                                        jurisdiction
                                   Custodial sentences and orders      Division 1
                                                                            s. 114


       (2)     An authorised officer of the State may carry out a custodial
               order of another participating jurisdiction in another
               participating jurisdiction.

     114.      Effect of bring up order if person in custody under law of
 5             State
       (1)     This section applies in relation to a person in custody in a prison
               or detention centre in a participating jurisdiction under the law
               of the State.
       (2)     If the person is taken from and returned to the prison or
10             detention centre under a bring up order of another participating
               jurisdiction, subject to any lawful order to the contrary, the
               person's absence from the prison or detention centre for the
               purpose specified in the order does not prejudice any cause or
               matter under the law of the State for which the person was in
15             that custody.

     115.      Application of Court Security and Custodial Services
               Act 1999
               The Court Security and Custodial Services Act 1999 applies in
               relation to a person in custody in the State under this Division.

20   116.      Application of Prisons Act 1981
               The Prisons Act 1981 applies in relation to a person in custody
               in a prison in the State under this Division.

     117.      Application of Young Offenders Act 1994
       (1)     The prescribed provisions of the Young Offenders Act 1994
25             apply in relation to a person in custody in a detention centre in
               the State under this Division.
       (2)     For subsection (1), the prescribed provisions are --
                (a) Part 9, except section 178; and
                (b) sections 188, 191 and 193.


                                                                          page 71
     Cross-border Justice Bill 2007
     Part 11        Sentences and orders under law of another participating
                    jurisdiction
     Division 2     Non-custodial sentences and orders
     s. 118


               Division 2 -- Non-custodial sentences and orders
     118.      Carrying out non-custodial orders in State
        (1)    A non-custodial order of another participating jurisdiction may
               be carried out (wholly or partly) in the State if the person
 5             against whom the order is made has a connection with a
               cross-border region.
        (2)    A community corrections officer or juvenile justice officer of
               another participating jurisdiction may exercise in the State any
               of the powers the officer has under the law of that other
10             jurisdiction in relation to a non-custodial order of that other
               jurisdiction if the person against whom the order is made has a
               connection with a cross-border region.
        (3)    The law of the State does not apply in relation to the order or
               those powers.

15   119.      Conducting diversionary programs for young offenders in
               State
        (1)    A police officer, juvenile justice officer or other office holder of
               South Australia may exercise in the State any of the powers the
               office holder has under the Young Offenders Act 1993
20             (South Australia) Part 2 in relation to an alleged offender who
               has a connection with a cross-border region.
        (2)    A police officer, juvenile justice officer or other office holder of
               the Northern Territory may exercise in the State any of the
               powers the office holder has under the Youth Justice Act
25             (Northern Territory) Part 3 in relation to an alleged offender
               who has a connection with a cross-border region.
        (3)    The law of the State does not apply in relation to those powers.




     page 72
                                                Cross-border Justice Bill 2007
                                           Enforcement of fines       Part 12
                                            Preliminary matters    Division  1
                                                                        s. 120



                   Part 12 -- Enforcement of fines
                        Division 1 -- Preliminary matters
     120.    Terms used in this Part
             In this Part --
 5           "Director General" has the meaning given in the Fines
                  Enforcement Act section 3(1);
             "fine" includes a pecuniary penalty, pecuniary forfeiture,
                  pecuniary compensation and fees, charges and costs
                  payable under a conviction or order --
10                (a) of a prescribed court of a participating jurisdiction; or
                  (b) in an appeal from such a proceeding;
             "Fines Enforcement Act" means the Fines, Penalties and
                  Infringement Notices Enforcement Act 1994;
             "fines enforcement agency", of another participating
15                jurisdiction, means --
                  (a)  if the jurisdiction is South Australia -- the Manager,
                       Penalty Management as defined in the Criminal Law
                       (Sentencing) Act 1988 (South Australia) section 3(1);
                       or
20               (b) if the jurisdiction is the Northern Territory -- the
                       Fines Recovery Unit as defined in the Fines and
                       Penalties (Recovery) Act (Northern Territory)
                       section 5;
             "Fines Registrar" means the person who holds the office of
25               Registrar of the Fines Enforcement Registry under the
                 Fines Enforcement Act section 7(1).

                   Division 2 -- Fines under law of State
     121.    Request to enforce fine in another participating jurisdiction
       (1)   The Fines Registrar may request the fines enforcement agency
30           of another participating jurisdiction (the "reciprocating
             agency") to enforce a fine that is registered under the Fines

                                                                       page 73
     Cross-border Justice Bill 2007
     Part 12        Enforcement of fines
     Division 2     Fines under law of State
     s. 122



               Enforcement Act section 41(1) if the offender on whom the fine
               has been imposed has a connection with a cross-border region.
        (2)    The request must be in writing and accompanied by --
                (a) a certified copy of the order imposing the fine; and
 5              (b) a certificate signed by the Fines Registrar certifying the
                      amount of the fine outstanding; and
                (c) written advice about the offender's connection with the
                      region.

     122.      Effect of making request
10             On making the request, the Fines Registrar must --
                (a) cancel any order or unexecuted warrant in force in
                     relation to the fine under the Fines Enforcement Act
                     Part 4 Division 3; and
                (b) if the Fines Registrar cancels a licence suspension order
15                   under paragraph (a) -- advise the Director General of
                     the cancellation; and
                (c) not take any action or further action to enforce the fine
                     under the Fines Enforcement Act unless section 125
                     applies.

20   123.      Receipt of money by Fines Registrar
               If, subsequent to making the request, the Fines Registrar
               receives from the offender any money in whole or part
               satisfaction of the fine, the Fines Registrar must notify the
               reciprocating agency in writing of the payment.

25   124.      Receipt of money from reciprocating agency
               If, subsequent to making the request, the Fines Registrar
               receives from the reciprocating agency any money in whole or
               part satisfaction of the fine, the Fines Registrar must apply the
               money as if it had been received from the offender in whole or
30             part satisfaction of the fine.


     page 74
                                                  Cross-border Justice Bill 2007
                                           Enforcement of fines         Part 12
              Fines under law of another participating jurisdiction  Division  3
                                                                          s. 125



     125.    Resumption of enforcement by Fines Registrar
             Subsequent to making the request, the Fines Registrar may take
             action or further action to enforce the fine under the Fines
             Enforcement Act only if the Fines Registrar --
 5             (a) requests the reciprocating agency in writing to cease
                     enforcing the fine; or
               (b) receives from that agency written advice that the agency
                     will not take any action or further action to enforce the
                     fine.

10               Division 3 -- Fines under law of another
                         participating jurisdiction
     126.    Request to enforce fine in State
       (1)   If the Fines Registrar receives a request in accordance with
             subsection (2) from the fines enforcement agency of another
15           participating jurisdiction (the "reciprocating agency") to
             enforce a fine imposed on an offender who has a connection
             with a cross-border region, the Fines Registrar must register the
             fine.
       (2)   The request must be in writing and accompanied by --
20            (a) a certified copy of the order imposing the fine; and
              (b) a certificate signed by or on behalf of the reciprocating
                    agency certifying the amount of the fine outstanding;
                    and
              (c) written advice about the offender's connection with the
25                  region.

     127.    Effect of registration
       (1)   On registration of the fine under section 126(1), subject to
             subsection (2), the Fines Registrar may enforce the fine under
             the Fines Enforcement Act as if it were registered under
30           section 41(1) of that Act.


                                                                       page 75
     Cross-border Justice Bill 2007
     Part 12        Enforcement of fines
     Division 3     Fines under law of another participating jurisdiction
     s. 128



        (2)    The Fines Registrar cannot issue a warrant of commitment
               under the Fines Enforcement Act section 53(1) for the purpose
               of enforcing the fine.

     128.      Receipt of money by reciprocating agency
 5             If, subsequent to registration of the fine under section 126(1),
               the Fines Registrar receives written notice from the
               reciprocating agency that the offender has paid an amount in
               whole or part satisfaction of the fine, the Fines Registrar --
                  (a) must record the payment; and
10               (b) may take action or further action under the Fines
                       Enforcement Act to enforce only the amount of the fine
                       outstanding.

     129.      Receipt of money by Fines Registrar
               If, subsequent to registration of the fine under section 126(1),
15             the Fines Registrar receives any money in whole or part
               satisfaction of the fine --
                  (a) from the offender; or
                 (b) as a result of any action taken by the Fines Registrar to
                       enforce the fine under the Fines Enforcement Act,
20             the Fines Registrar must remit the money received to the
               reciprocating agency.

     130.      Request to cease enforcement of fine
        (1)    This section applies if, subsequent to registration of the fine
               under section 126(1), the Fines Registrar --
25               (a) receives a written request from the reciprocating agency
                       to cease enforcing the fine; or
                 (b) advises the reciprocating agency in writing that the
                       Fines Registrar will not take any action or further action
                       to enforce the fine.



     page 76
                                                 Cross-border Justice Bill 2007
                                          Enforcement of fines         Part 12
             Fines under law of another participating jurisdiction  Division  3
                                                                         s. 130



     (2)   The Fines Registrar must --
            (a) cancel any order or unexecuted warrant in force in
                  relation to the fine under the Fines Enforcement Act
                  Part 4 Division 3; and
 5          (b) if the Fines Registrar cancels a licence suspension order
                  under paragraph (a) -- advise the Director General of
                  the cancellation; and
            (c) advise the reciprocating agency of the amount of the
                  fine outstanding, taking into account --
10                   (i) any money received from the offender in whole
                          or part satisfaction of the fine, including any
                          payment recorded under section 128(a); and
                    (ii) any money received by the Fines Registrar in
                          whole or part satisfaction of the fine as a result of
15                        any action taken by the Fines Registrar to
                          enforce the fine under the Fines Enforcement
                          Act; and
                   (iii) any reduction (calculated in accordance with the
                          regulations) of the amount of the fine as a
20                        consequence of any action taken by the Fines
                          Registrar to enforce the fine under the Fines
                          Enforcement Act;
                  and
            (d) remit to the reciprocating agency any money received by
25                the Fines Registrar in whole or part satisfaction of the
                  fine that has not already been remitted under
                  section 129; and
            (e) not take any action or further action to enforce the fine
                  under the Fines Enforcement Act.
30   (3)   On receiving or making a request under this section, the fine
           ceases to be registered under section 126(1).




                                                                       page 77
     Cross-border Justice Bill 2007
     Part 13        Office holders of participating jurisdictions
     Division 1     Holding offices and exercising powers under law of other
                    jurisdictions
     s. 131


     Part 13 -- Office holders of participating jurisdictions
      Division 1 -- Holding offices and exercising powers under law
                         of other jurisdictions
     131.      Secondary office holders and secondary offices
 5      (1)    A secondary office holder is an office holder of a participating
               jurisdiction who holds office (whether under an appointment or
               otherwise) because the office holder is an office holder of one of
               the other participating jurisdictions.
        (2)    A secondary office is an office held under the law of a
10             participating jurisdiction by a secondary office holder.
               Examples for section 131:
               1. SA and NT police officers who are appointed as WA police officers under
                  the Police Act 1892 will be secondary office holders of WA.
               2. SA and NT community corrections officers will be taken to be WA
15                community corrections officers under the Sentence Administration
                  Act 2003 section 98AA as modified by the regulations and will therefore be
                  secondary office holders of WA.

     132.      Office holders of State may be secondary office holders of
               another participating jurisdiction
20             An office holder of the State may hold a secondary office under
               the law of another participating jurisdiction, and exercise the
               powers of that office, for the purposes of that other participating
               jurisdiction's cross-border laws.

     133.      Office holders of another participating jurisdiction may be
25             secondary office holders of State
               An office holder of another participating jurisdiction may hold a
               secondary office under the law of the State, and exercise the
               powers of that office, for the purposes of the State's
               cross-border laws.




     page 78
                                                       Cross-border Justice Bill 2007
                           Office holders of participating jurisdictions     Part 13
            Holding offices and exercising powers under law of other      Division  1
                                                           jurisdictions
                                                                               s. 134


     134.      Prohibition against holding or exercising powers of another
               office not breached
       (1)     In this section --
               "prescribed prohibition", in relation to an office holder of the
 5                  State, means a prohibition against the office holder --
                    (a) holding another public office concurrently with the
                           office holder's State office; or
                    (b) exercising the powers of another public office
                           concurrently with the powers of the office holder's
10                         State office;
               "State office", of an office holder of the State, means the office
                    under the law of the State held by the office holder.
       (2)     Subsection (3) applies subject to the Magistrates Court
               Act 2004 sections 6(3) and 26(8a) but despite any other law of
15             the State.
       (3)     An office holder of the State does not breach a prescribed
               prohibition by holding a secondary office under the law of
               another participating jurisdiction, or exercising a power of that
               office, if the office is held or the power is exercised for the
20             purposes of that other jurisdiction's cross-border laws.

     135.      Terms of appointment of secondary office holders under law
               of State
       (1)     In this section --
               "remuneration" includes salary, allowances, fees, emoluments
25                  and benefits (whether in money or not).
       (2)     Subsections (3) and (4) apply in relation to an office holder of
               another participating jurisdiction who holds a secondary office
               under the law of the State for the purposes of the State's
               cross-border laws.




                                                                            page 79
     Cross-border Justice Bill 2007
     Part 13        Office holders of participating jurisdictions
     Division 2     Appointment of magistrates of another participating jurisdiction
                    to be magistrates of State
     s. 136


        (3)     The conditions of service (including as to remuneration) of the
                secondary office holder are those that the office holder is
                entitled to under the law of that other jurisdiction.
        (4)     The secondary office holder ceases to hold the secondary office
 5              if the office holder ceases to hold the office under the law of
                that other jurisdiction.

              Division 2 -- Appointment of magistrates of another
              participating jurisdiction to be magistrates of State
     136.       Appointment as magistrates of Magistrates Court
10              The Magistrates Court Act 2004 applies (with any appropriate
                modifications) in relation to the appointment of magistrates of
                another participating jurisdiction to be magistrates of the
                Magistrates Court.

     137.       Appointment as magistrates of Children's Court
15              The Children's Court of Western Australia Act 1988 applies
                (with any appropriate modifications) in relation to the
                appointment of magistrates of another participating jurisdiction
                to be magistrates of the Children's Court.




     page 80
                                                 Cross-border Justice Bill 2007
                                          Miscellaneous matters        Part 14

                                                                          s. 138



                  Part 14 -- Miscellaneous matters
     138.    Reporting accidents, producing driver's licences etc. at
             police stations etc.
       (1)   In this section --
 5           "road traffic laws", of a participating jurisdiction, means --
                  (a) if the jurisdiction is the State -- the Road Traffic
                         Act 1974; or
                  (b) if the jurisdiction is another participating
                         jurisdiction -- the road traffic laws of that other
10                       jurisdiction under its cross-border laws.
       (2)   Subsections (3) and (4) apply in relation to a requirement under
             the law of the State to do something if no other provision of the
             State's cross-border laws authorises the thing to be done in
             another participating jurisdiction.
15     (3)   A person who is required under the State's road traffic laws to
             do something at a police station or other place may do that thing
             at a police station or other place in another participating
             jurisdiction if the person has a connection with a cross-border
             region.
20     (4)   A person who is required under any other law of the State to do
             something at a police station may do that thing at a police
             station in another participating jurisdiction if the person has a
             connection with a cross-border region.
       (5)   Subsections (6) and (7) apply in relation to a requirement under
25           the law of another participating jurisdiction to do something if
             no other provision of the State's cross-border laws allows the
             thing to be done in the State.
       (6)   A person who is required under another participating
             jurisdiction's road traffic laws to do something at a police
30           station or other place may do that thing at a police station or
             other place in the State if the person has a connection with a
             cross-border region.

                                                                        page 81
     Cross-border Justice Bill 2007
     Part 14        Miscellaneous matters

     s. 139



        (7)    A person who is required under any other law of another
               participating jurisdiction to do something at a police station may
               do that thing at a police station in the State if the person has a
               connection with a cross-border region.
5              Note for section 138:
               For the purpose of deciding whether or not a person to whom section 138
               applies has a connection with a cross-border region, section 24 and Part 2
               Division 4 apply.

     139.      Application of Inspector of Custodial Services Act 2003
10      (1)    The Inspector of Custodial Services Act 2003 does not apply in
               relation to a person who is in custody in another participating
               jurisdiction under the law of the State.
        (2)    That Act applies in relation to a person who is in custody in the
               State under the law of another participating jurisdiction.

15   140.      Power of Minister to enter agreements
        (1)    In this section --
               "Minister", of a participating jurisdiction, includes a person
                    acting on behalf of a Minister of the jurisdiction.
        (2)    The Minister may make an agreement with a Minister of
20             another participating jurisdiction in respect of any matter that is
               necessary or convenient to give effect to this Act.
        (3)    Subsection (2) does not limit the power of the Minister to enter
               into agreements relating to the administration of justice in a
               cross-border region.

25   141.      Inconsistency between Act and agreement
               If there is an inconsistency between this Act and an agreement
               referred to in section 140(2), this Act prevails to the extent of
               the inconsistency.




     page 82
                                                 Cross-border Justice Bill 2007
                                          Miscellaneous matters        Part 14

                                                                           s. 142



     142.    Protection of office holders of State taking action in another
             participating jurisdiction
             An office holder of the State has the same protections and
             immunities, and is subject to the same liabilities, under the law
 5           of the State in respect of any action the office holder takes under
             the State's cross-border laws in another participating
             jurisdiction as the office holder would have, and be subject to, if
             the office holder were to take the action in the State.

     143.    Protection of office holders of another participating
10           jurisdiction taking action in State
             An office holder of another participating jurisdiction has the
             same protections and immunities, and is subject to the same
             liabilities, under the law of the State in respect of any action the
             office holder takes under that other jurisdiction's cross-border
15           laws in the State as the office holder would have, and be subject
             to, under the law of that other jurisdiction if the office holder
             were to take the action in that other jurisdiction.

     144.    Disclosure of information to authorities in another
             participating jurisdiction
20     (1)   A person or body in the State who is authorised under a law of
             the State to disclose information to another person or body in
             the State (a "State authority") may disclose that information to
             a person or body in another participating jurisdiction (an
             "interstate authority") if --
25             (a) the interstate authority exercises powers that correspond
                     with the powers exercised by the State authority; and
               (b) the information is relevant to the administration of the
                     cross-border laws of the State or of that other
                     jurisdiction.
30     (2)   The CEO (corrections) may authorise the disclosure of
             information about persons who are being or have been dealt
             with under the State's cross-border laws to a person or body
             (whether in the State or elsewhere) for use in research.

                                                                         page 83
     Cross-border Justice Bill 2007
     Part 14        Miscellaneous matters

     s. 145



        (3)    The CEO (corrections) may establish procedures for the
               disclosure of information under this section.

     145.      Delegation by CEO (corrections)
        (1)    The CEO (corrections) may delegate to a person any power the
 5             CEO has under another provision of this Act.
        (2)    The delegation must be in writing signed by the CEO.
        (3)    A person to whom a power is delegated under this section
               cannot delegate that power.
        (4)    A person exercising a power that has been delegated to the
10             person under this section is taken to do so in accordance with
               the terms of the delegation unless the contrary is shown.
        (5)    This section does not limit the ability of the CEO to exercise a
               power through an officer or agent.

     146.      Regulations
15             The Governor may make regulations prescribing matters --
                (a)    required or permitted to be prescribed by this Act; or
                (b)    necessary or convenient to be prescribed for giving
                       effect to this Act.

     147.      Review of this Act
20      (1)    The Minister must carry out a review of the operation and
               effectiveness of this Act as soon as practicable after the expiry
               of 3 years from the commencement of this Act.
        (2)    The Minister must --
                (a) prepare a report on the outcome of the review; and
25              (b) cause a copy of the report to be laid before each House
                     of Parliament within 4 years after the commencement of
                     this Act.




     page 84
                                                      Cross-border Justice Bill 2007
                      Consequential amendments to other legislation         Part 15
            Children's Court of Western Australia Act 1988 amended       Division  1
                                                                              s. 148



                 Part 15 -- Consequential amendments to
                            other legislation
       Division 1 -- Children's Court of Western Australia Act 1988
                                amended
 5   148.        The Act amended
                 The amendments in this Division are to the Children's Court of
                 Western Australia Act 1988.

     149.        Section 10 amended
                 Section 10(5) is amended by deleting ", 10 (except
10               clause 10(7))".

     150.        Section 12 amended
                 After section 12(1a) the following subsection is inserted --
             "
                 (2)   An oath or affirmation referred to in subsection (1)
15                     may be taken at a place outside the State.
                                                                                   ".

     151.        Section 13 amended
       (1)       Section 13(1) and (2) are repealed and the following subsections
                 are inserted instead --
20           "
                 (1)   The Court --
                        (a) is to have registries at such places, including
                             places outside the State, as the Minister, by
                             written notice to the President, decides from
25                           time to time; and
                        (b) is to sit at places where it has a registry at such
                             times as the President decides from time to
                             time; and


                                                                              page 85
     Cross-border Justice Bill 2007
     Part 15        Consequential amendments to other legislation
     Division 1     Children's Court of Western Australia Act 1988 amended
     s. 152



                            (c)   may, despite paragraphs (a) and (b), sit or
                                  otherwise exercise its jurisdiction at any time
                                  and place, but must not do so at a place outside
                                  the State without the approval of the President.
 5                (2)     However, subsection (1) does not authorise the Court
                          to have a registry, to sit, or to otherwise exercise its
                          jurisdiction, at a place outside the State except to the
                          extent allowed by the law of the jurisdiction in which
                          the place is located.
10                                                                                    ".
        (2)       Section 13(3) is amended by deleting "subsections (1) and (2)"
                  and inserting instead --
                  "     subsection (1)(a) and (b)   ".
        (3)       Section 13(4) and (6) are repealed.

15   152.         Section 16 amended
                  After section 16(3) the following subsection is inserted --
              "
                  (4)     Section 26(7) to (8b) of the Magistrates Court
                          Act 2004 applies as if --
20                          (a) each reference to the Magistrates Court were a
                                 reference to the Court; and
                           (b) each reference to a Registrar or Deputy
                                 Registrar of the Magistrates Court were a
                                 reference to a registrar or deputy registrar (as
25                               the case requires) of the Court; and
                            (c) each reference in subsection (8) to a person
                                 appointed to an office in the administrative staff
                                 of the Magistrates Court were a reference to a
                                 person appointed as a registrar, deputy registrar
30                               or other officer appointed under section 16(1)
                                 to deal with the workload of the Court; and



     page 86
                                                     Cross-border Justice Bill 2007
                       Consequential amendments to other legislation       Part 15
                               Magistrates Court Act 2004 amended       Division  2
                                                                             s. 153



                         (d)   the reference in subsection (8b) to
                               section 26(7)(a) or (b) of that Act were a
                               reference to that provision as applied by this
                               subsection.
 5                                                                                 ".

     153.        Section 29 amended
                 After section 29(4) the following subsection is inserted --
             "
                 (5)   This section applies in relation to an act or omission by
10                     a person outside the State as if it were an act or
                       omission by the person in the State.
                                                                                   ".

                 Division 2 -- Magistrates Court Act 2004 amended
     154.        The Act amended
15               The amendments in this Division are to the Magistrates Court
                 Act 2004.

     155.        Section 8 amended
       (1)       Section 8(1) and (2) are repealed and the following subsections
                 are inserted instead --
20           "
                 (1)   The Court --
                        (a) is to have registries at such places, including
                             places outside the State, as the Minister, by
                             written notice to the Chief Magistrate, decides
25                           from time to time; and
                        (b) is to sit at places where it has a registry at such
                             times as the Chief Magistrate decides from time
                             to time; and
                        (c) may, despite paragraphs (a) and (b), sit or
30                           otherwise exercise its jurisdiction at any time


                                                                            page 87
     Cross-border Justice Bill 2007
     Part 15        Consequential amendments to other legislation
     Division 2     Magistrates Court Act 2004 amended
     s. 156



                                  and place, but must not do so at a place outside
                                  the State without the approval of the Chief
                                  Magistrate.
                  (2)     However, subsection (1) does not authorise the Court
 5                        to have a registry, to sit, or to otherwise exercise its
                          jurisdiction, at a place outside the State except to the
                          extent allowed by the law of the jurisdiction in which
                          the place is located.
                                                                                       ".
10      (2)       Section 8(3) is amended by deleting "subsections (1) and (2)"
                  and inserting instead --
                  "     subsection (1)(a) and (b)   ".
        (3)       Section 8(4) and (6) are repealed.

     156.         Section 15 amended
15                After section 15(3) the following subsection is inserted --
              "
                  (4)     This section applies in relation to an act or omission by
                          a person outside the State as if it were an act or
                          omission by the person in the State.
20                                                                                     ".

     157.         Section 26 amended
        (1)       Section 26(7) is repealed and the following subsections are
                  inserted instead --
              "
25                (7)     If the Court is required to perform its functions at a
                          place outside the State, the Minister may appoint as a
                          Registrar or Deputy Registrar of the Court at the
                          place --
                             (a) a person who holds office as a registrar or
30                                deputy registrar of a court of the jurisdiction in
                                  which the place is located; or

     page 88
                                                      Cross-border Justice Bill 2007
                        Consequential amendments to other legislation       Part 15
                                Magistrates Court Act 2004 amended       Division  2
                                                                              s. 158



                          (b)   any other person.
                 (7a)   The conditions of service (including remuneration as
                        defined in Schedule 1 clause 5(1)) of a person
                        appointed under subsection (7)(a) are those that the
 5                      person is entitled to under the law of that other
                        jurisdiction.
                 (7b)   A person appointed under subsection (7)(a) ceases to
                        hold office if the person ceases to hold office as a
                        registrar or deputy registrar of the court of that other
10                      jurisdiction.
                                                                                     ".
       (2)        After section 26(8) the following subsections are inserted --
             "
                 (8a)   With the approval of the Minister, a Registrar or
15                      Deputy Registrar may concurrently hold office as
                        registrar or deputy registrar of a court of another
                        jurisdiction.
                 (8b)   Subsection (8a) does not require a Registrar or Deputy
                        Registrar appointed under subsection (7)(a) or (b) to
20                      obtain the Minister's approval to hold another office.
                                                                                     ".

     158.         Schedule 1 amended
       (1)        After Schedule 1 clause 4(2) the following subclause is
                  inserted --
25           "
                  (3)   The oath or affirmation of office may be taken at a place
                        outside the State.
                                                                                     ".
       (2)        Schedule 1 clause 10 is repealed.




                                                                                page 89
Cross-border Justice Bill 2007



Defined Terms



                                           Defined Terms
           [This is a list of terms defined and the provisions where they are defined.
                                  The list is not part of the law.]
     Defined Term                                                                                          Provision(s)
     amended .................................................................................................... 11(1)
     another participating jurisdiction ..................................................................7(1)
     appropriate modifications.............................................................................7(1)
     arrest ...........................................................................................................7(1)
     arresting jurisdiction .................................................................................. 54(1)
     authorised officer .........................................................................................7(1)
     bring up order ..............................................................................................7(1)
     carry out ......................................................................................................7(1)
     CEO (corrections) ........................................................................................7(1)
     community corrections officer......................................................................7(1)
     confiscation .................................................................................................7(1)
     connection with a cross-border region ..........................................................7(1)
     court document ............................................................................................7(1)
     cross-border jurisdiction...............................................................................7(1)
     cross-border laws .........................................................................................7(1)
     cross-border proceeding ...............................................................................7(1)
     cross-border region ......................................................................................7(1)
     custodial order .............................................................................................7(1)
     detention centre............................................................................................7(1)
     Director General .......................................................................................... 120
     drink or drug-driving laws............................................................................7(1)
     drink or drug-driving offence .......................................................................7(1)
     exercise........................................................................................................7(1)
     fine .............................................................................................................. 120
     Fines Enforcement Act................................................................................. 120
     fines enforcement agency............................................................................. 120
     Fines Registrar............................................................................................. 120
     interstate authority ................................................................................... 144(1)
     interstate court ........................................................................................... 75(1)
     interstate restraining order................................................................90(1), 91(1)
     investigating jurisdiction ............................................................................ 55(1)
     judicial body ............................................................................................ 103(1)
     juvenile justice officer..................................................................................7(1)
     licensing powers ..............................................................................39(1), 58(1)
     lodge ...........................................................................................................7(1)
     magistrate ....................................................................................................7(1)
     Minister ................................................................................................... 140(1)
     non-custodial order ......................................................................................7(1)
     NT police order.............................................................................................. 64


page 90
                                                                   Cross-border Justice Bill 2007



                                                                                              Defined Terms



NT proceeding ............................................................................................... 95
NT restraining order....................................................................................... 79
office holder ................................................................................................7(1)
participating jurisdiction...............................................................................7(1)
person..............................................................................................45(1), 61(1)
police officer................................................................................................7(1)
power ..........................................................................................................7(1)
preliminary alcohol or drug test ....................................................................7(1)
prescribed court ...........................................................................................7(1)
prescribed prohibition .............................................................................. 134(1)
prison ..........................................................................................................7(1)
proceeding ..................................................................................................... 26
proceedings.............................................................................................. 103(1)
reciprocating agency .................................................................... 121(1), 126(1)
register....................................................................................... 79, 90(1), 91(1)
registrar .......................................................................................................7(1)
remand facility.............................................................................................7(1)
remuneration............................................................................................ 135(1)
restraining order...........................................................................................7(1)
restraining orders laws .................................................................................7(1)
road traffic laws ....................................................................................... 138(1)
SA proceeding ............................................................................................... 95
SA restraining order ....................................................................................... 79
sample ........................................................................................................... 40
secondary office...........................................................................................7(1)
secondary office holder ................................................................................7(1)
State authorised hospital................................................................................. 95
State authority.......................................................................................... 144(1)
State court.................................................................................................. 75(1)
State offence .............................................................................................. 51(1)
State office............................................................................................... 134(1)
State prison.................................................................................................... 95
subsidiary legislation....................................................................................7(1)
take action ...................................................................................................7(1)
test................................................................................................................. 40
testing procedures .......................................................................................... 40
vehicle impounding laws..............................................................................7(1)
vehicle or driver licensing laws ....................................................................7(1)
WA police order ............................................................................................ 48
WA/NT region........................................................................................... 31(3)
WA/SA region ........................................................................................... 31(3)
WA/SA/NT region ..................................................................................... 31(3)
written law...................................................................................................7(1)




 


[Index] [Search] [Download] [Related Items] [Help]