Cross-border Justice Act 2009 (SA)

South Australia Cross-border Justice Act 2009 An Act to facilitate the administration of justice in regions straddling the State's borders with Western Australia and the Northern Territory; and for other purposes.

Contents Part 1—Preliminary Division 1—Preliminary matters 1 Short title 3 Act binds Crown Division 2—Object of Act 4 Act gives effect to cooperative schemes 5 Object of Act and how it is to be achieved 6 How this Act is to be construed Division 3—Interpretation 7 Interpretation 8 Meaning of cross‑border laws 9 Persons who exercise powers are office holders 10 References to office holders 11 References to written laws of another participating jurisdiction 12 Use of notes and examples Division 4—Modifications of other laws of State 13 Appropriate modifications 14 Effect of modifications Division 5—Relationship between State's cross‑border laws and other laws 15 Law of another participating jurisdiction: office holders, prescribed courts, persons serving sentences 16 Law of another participating jurisdiction: other persons required to do things 17 Service and Execution of Process Act 1992 of the Commonwealth Division 6—Application 18 Offences, orders and requirements in relation to which State's cross‑border laws apply Part 2—Cross‑border regions Division 1—Prescribing cross‑border regions 19 Cross‑border regions to be prescribed Division 2—Connection with a cross‑border region 20 Persons suspected of, alleged to have committed or found guilty of offences 21 Persons against whom orders of prescribed courts are in force 22 Connection for purposes of making restraining orders 23 Persons serving sentences or carrying out orders in respect of offences or alleged offences 24 Other persons required to do things 25 Connections are not mutually exclusive Division 3—Proving connection with a cross‑border region 26 Meaning of proceeding 27 Onus of proving person's whereabouts at time of arrest 28 Onus of proving person's residency during cross‑border proceeding Division 4—Multiple cross‑border regions 29 Application of this Division 30 Office holders, prescribed courts, persons serving sentences 31 Other persons required to do things Part 3—Police officers of State exercising powers in another participating jurisdiction Division 1—Powers generally 32 Arrest without warrant 33 Arrest under warrant 34 Person taken into custody 35 Investigation of suspected or alleged offence or breach of order 36 Return of person not charged to place of arrest or other place 37 Relationship of this Part with Criminal Investigation (Extraterritorial Offences) Act 1984 Division 2—Road traffic powers Subdivision 1—Vehicle or driver licensing laws 38 Powers in relation to offences 39 Other powers Subdivision 2—Drink or drug‑driving laws 40 Interpretation 41 Conduct of preliminary alcohol or drug test in cross‑border region 42 Powers that may be exercised in another participating jurisdiction 43 Providing or taking sample in another participating jurisdiction 44 Preliminary alcohol or drug test cannot be conducted in another participating jurisdiction Subdivision 3—Vehicle impounding laws 45 Powers Subdivision 4—Miscellaneous matters 46 Law of State applies 47 Relationship with Division 1 Division 2A—Restraining orders laws 47A Meaning of SA police order 47B Making of SA police orders 47C Enforcement of SA police orders Division 3—Offence 48 Offence to interfere with exercise of power Part 4—Police officers of another participating jurisdiction exercising powers in State Division 1—Powers generally 49 Arrest without warrant 50 Arrest under warrant 51 Person taken into custody 52 Investigation of suspected or alleged offence or breach of order Division 2—Road traffic powers Subdivision 1—Vehicle or driver licensing laws 53 Powers in relation to offences 54 Other powers Subdivision 2—Drink or drug‑driving laws 55 Powers that may be exercised in State 56 Preliminary alcohol or drug test cannot be conducted in State Subdivision 3—Vehicle impounding laws 57 Interpretation 58 Powers Subdivision 4—Miscellaneous matters 59 Law of State does not apply 60 Relationship with Division 1 Division 3—Restraining orders laws—WA 61 Meaning of WA police order 62 Making WA police orders 63 Enforcement of WA police orders Division 4—Restraining orders laws—NT 64 Meaning of NT police order 65 Making NT police orders 66 Enforcement of NT police orders Part 5—Prescribed courts of State exercising cross‑border jurisdiction Division 1—Preliminary matters 67 Operation of courts outside State not limited Division 2—Jurisdiction and powers of courts 68 Proceedings that may be heard in another participating jurisdiction 69 Exercise of jurisdiction and powers 70 Practice and procedure 71 Rules of evidence 72 Offence to fail to comply with order, judgment, warrant or summons Division 3—Miscellaneous matters relating to cross‑border proceedings 73 Legal practitioners of another participating jurisdiction entitled to appear etc 74 Court documents may be lodged, served or issued in another participating jurisdiction 75 Court documents in wrong form do not invalidate proceedings or decisions 76 Application of Sheriff's Act 1978 77 Law of State applies Division 4—Registration of interstate restraining orders 78 Part 2 Division 2 and Division 4 do not apply 79 Terms used in this Division 80 Registration of WA restraining orders under SA law 81 Registration of NT restraining orders under SA law Part 6—Prescribed courts of another participating jurisdiction exercising cross‑border jurisdiction Division 1—Jurisdiction and powers of courts 82 Proceedings that may be heard in State 83 Exercise of jurisdiction and powers Division 2—Miscellaneous matters relating to cross‑border proceedings 84 Saving provision 85 Privileges, protection and immunity of participants in proceedings 86 Court documents may be lodged, served or issued in State 87 Application of Sheriff's Act 1978 88 Law of State does not apply Division 3—Registration of interstate restraining orders 89 Part 2 Division 2 and Division 4 do not apply 90 Registration of SA or NT restraining orders under WA law 91 Registration of SA or WA restraining orders under NT law Part 7—Bail of persons in custody under law of State 92 Police officer of State may exercise powers in another participating jurisdiction 93 Offence to fail to comply with bail agreement Part 8—Bail of persons in custody under law of another participating jurisdiction 94 Police officer of another participating jurisdiction may exercise powers in State Part 9—Mentally impaired accused 95 Terms used in this Part 96 Persons committed to detention or custody under WA law 97 Persons detained under NT law Part 10—Sentences and orders under law of State Division 1—Custodial sentences and orders Subdivision 1—Sentences of imprisonment or detention 98 Serving sentence in State or another participating jurisdiction 99 Warrant of commitment Subdivision 2—Remand 100 Remanded in custody in State or another participating jurisdiction 101 Remand warrant 102 Law of State applies Subdivision 3—Bring up orders 103 Bringing prisoner or detainee in another participating jurisdiction before judicial body of State 104 Custody of person brought up from prison or detention centre in another participating jurisdiction Subdivision 4—Miscellaneous matters 105 Carrying out custodial orders 106 Application of Sheriff's Act 1978 107 Application of Correctional Services Act 1982 108 Application of Young Offenders Act 1993 108A Application of Youth Justice Administration Act 2016 Division 2—Non-custodial sentences and orders 109 Carrying out non‑custodial orders in another participating jurisdiction 110 Conducting diversionary programs for young offenders in another participating jurisdiction Part 11—Sentences and orders under law of another participating jurisdiction Division 1—Custodial sentences and orders 111 Serving sentence of imprisonment or detention in State 112 Remanded in custody in State 113 Carrying out custodial orders 114 Effect of bring up order if person in custody under law of State 115 Application of Sheriff's Act 1978 116 Application of Correctional Services Act 1982 117 Application of Young Offenders Act 1993 117A Application of Youth Justice Administration Act 2016 Division 2—Non-custodial sentences and orders 118 Carrying out non‑custodial orders in State 119 Conducting diversionary programs for young offenders in State Part 12—Enforcement of fines Division 1—Preliminary matters 120 Terms used in this Part Division 2—Fines under law of State 121 Request to enforce fine in another participating jurisdiction 122 Effect of making request 123 Receipt of money by Fines Director 124 Receipt of money from reciprocating agency 125 Resumption of enforcement by Fines Director Division 3—Fines under law of another participating jurisdiction 126 Request to enforce fine in State 127 Effect of registration 128 Receipt of money by reciprocating agency 129 Receipt of money by Fines Director 130 Request to cease enforcement of fine Part 13—Office holders of participating jurisdictions Division 1—Holding offices and exercising powers under law of other jurisdictions 131 Secondary office holders and secondary offices 132 Office holders of State may be secondary office holders of another participating jurisdiction 133 Office holders of another participating jurisdiction may be secondary office holders of State 134 Prohibition against holding or exercising powers of another office not breached 135 Terms of appointment of secondary office holders under law of State Division 2—Appointment of magistrates of another participating jurisdiction to be magistrates of State 136 Appointment as magistrates of Magistrates Court 137 Appointment as magistrates of Youth Court Part 14—Miscellaneous matters 138 Reporting accidents, producing driver's licences etc at police stations etc 139 Jurisdiction of Coroner 140 Power of Minister to enter agreements 141 Inconsistency between Act and agreement 142 Protection of office holders of State taking action in another participating jurisdiction 143 Protection of office holders of another participating jurisdiction taking action in State 144 Disclosure of information to authorities in another participating jurisdiction 145 Delegation by CEO (corrections) 146 Regulations 147 Review of Act Legislative history