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CROSS-BORDER JUSTICE ACT 2008


TABLE OF PROVISIONS

           Long Title

   PART 1 -- Introduction

           Division 1 -- Preliminary matters  

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

           Division 2 -- Object of this Act  

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

           Division 3 -- Interpretation  

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

           Division 4 -- Modifications of other laws of State  

   13.     Appropriate modifications
            
   14.     Effect of modifications

           Division 5 -- Relationship between State’s cross-border laws and other laws  

   15.     Law of another participating jurisdiction: office holders, prescribed courts, persons serving sentences
            
   16.     Law of another participating jurisdiction: other persons required to do things
            
   17.     Relationship to Service and Execution of Process Act 1992 (Commonwealth)

           Division 6 -- Application  

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

   PART 2 -- Cross-border regions

           Division 1 -- Prescribing cross-border regions  

   19.     Cross-border regions to be prescribed

           Division 2 -- Connection with a cross-border region  

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

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

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

           Division 4 -- Multiple cross-border regions  

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

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

           Division 1 -- Powers generally  

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

           Division 2 -- Road traffic powers

              Subdivision 1 -- Vehicle or driver licensing laws  

   38.     Powers in relation to offences
            
   39.     Other powers

              Subdivision 2 -- Drink or drug-driving laws  

   40.     Terms used
            
   41.     Conduct of preliminary alcohol or drug test in cross-border region
            
   42.     Powers that may be exercised in another participating jurisdiction
            
   43.     Providing or taking sample in another participating jurisdiction
            
   44.     Preliminary alcohol or drug test cannot be conducted in another participating jurisdiction

              Subdivision 3 -- Vehicle impounding laws  

   45.     Powers

              Subdivision 4 -- Miscellaneous matters  

   46.     Law of State applies
            
   47.     Relationship with Division

           Division 3 -- Restraining orders laws  

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

           Division 4 -- Offence  

   51.     Offence to interfere with exercise of power

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

           Division 1 -- Powers generally  

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

           Division 2 -- Road traffic powers

              Subdivision 1 -- Vehicle or driver licensing laws  

   57.     Powers in relation to offences
            
   58.     Other powers

              Subdivision 2 -- Drink or drug-driving laws  

   59.     Powers that may be exercised in State
            
   60.     Preliminary alcohol or drug test cannot be conducted in State

              Subdivision 3 -- Vehicle impounding laws  

   61.     Powers

              Subdivision 4 -- Miscellaneous matters  

   62.     Law of State does not apply
            
   63.     Relationship with Division

           Division 3 -- Restraining orders laws  

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

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

           Division 1 -- Preliminary matters  

   67.     Operation of courts outside State not limited

           Division 2 -- Jurisdiction and powers of courts  

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

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

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

           Division 4 -- Registration of interstate restraining orders  

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

   PART 6 -- Prescribed courts of another participating jurisdiction exercising cross-border jurisdiction

           Division 1 -- Jurisdiction and powers of courts  

   82.     Proceedings that may be heard in State
            
   83.     Exercise of jurisdiction and powers

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

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

           Division 3 -- Registration of interstate restraining orders  

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

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

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

   PART 8 -- Bail of persons in custody under law of another participating jurisdiction  

   94.     Police officer of another participating jurisdiction may exercise powers in State

   PART 9 -- Mentally impaired accused  

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

   PART 10 -- Sentences and orders under law of State

           Division 1 -- Custodial sentences and orders

              Subdivision 1 -- Sentences of imprisonment or detention  

   98.     Serving sentence in State or another participating jurisdiction
            
   99.     Warrant of commitment

              Subdivision 2 -- Remand  

   100.    Remanded in custody in State or another participating jurisdiction
            
   101.    Remand warrant
            
   102.    Law of State applies

              Subdivision 3 -- Bring up orders  

   103.    Bringing prisoner or detainee in another participating jurisdiction before judicial body of State
            
   104.    Custody of person brought up from prison or detention centre in another participating jurisdiction

              Subdivision 4 -- Miscellaneous matters  

   105.    Carrying out custodial orders
            
   106.    Application of Court Security and Custodial Services Act 1999
            
   107.    Application of Prisons Act 1981
            
   108.    Application of Young Offenders Act 1994

           Division 2 -- Non-custodial sentences and orders  

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

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

           Division 1 -- Custodial sentences and orders  

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

           Division 2 -- Non-custodial sentences and orders  

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

   PART 12 -- Enforcement of fines

           Division 1 -- Preliminary matters  

   120.    Terms used

           Division 2 -- Fines under law of State  

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

           Division 3 -- Fines under law of another participating jurisdiction  

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

   PART 13 -- Office holders of participating jurisdictions

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

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

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

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

   PART 14 -- Miscellaneous matters  

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


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