Cross-border Justice Regulations 2024 (SA)

South Australia Cross-border Justice Regulations 2024 under the Cross-border Justice Act 2009

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation Part 2—Cross‑border regions 4 WA/SA/NT region Part 3—General 5 Definitions (section 7) 6 Custody orders—recommendation about place of custody 7 Calculation of reduction in amount of fines (section 130) Part 4—Modifications of other laws of State Division 1—Interpretation 8 Terms used in modifications 9 Modification provisions Division 2—Modifications of Bail Act 1985 10 Amendment of section 3—Interpretation 11 Insertion of section 3AA 3AA Application to persons in custody in participating jurisdictions 12 Amendment of section 5—Bail authorities 13 Amendment of section 6—Nature of bail agreement 14 Amendment of section 7—Guarantee of bail 15 Amendment of section 11—Conditions of bail Division 3—Modifications of Correctional Services Act 1982 16 Amendment of section 4—Interpretation 17 Insertion of section 65 65 Division does not apply to cross‑border prisoners Division 4—Modifications of Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007 18 Amendment of section 3—Interpretation Division 5—Modifications of Criminal Law Consolidation Act 1935 19 Substitution of section 269V 269V Custody, supervision and care Division 6—Modifications of Criminal Law (Forensic Procedures) Act 2007 20 Amendment of section 3—Interpretation Division 7—Modifications of Criminal Procedure Act 1921 21 Insertion of section 30 30 Representation of prosecuting authority 22 Amendment of section 69A—Examination of defendant 23 Amendment of section 99H—Registration of foreign restraining orders 24 Insertion of sections 99HA and 99HB 99HA Notification of restraining orders made in cross‑border proceedings 99HB Enforcement of unregistered foreign restraining orders Division 8—Modifications of Evidence Act 1929 25 Insertion of section 59IPA 59IPA Application of Division 26 Amendment of section 59IQ—Appearance etc by audio visual link or audio link Division 9—Modifications of Fines Enforcement and Debt Recovery Act 2017 27 Amendment of section 46—Community service and approved treatment program orders Division 10—Modifications of Magistrates Act 1983 28 Insertion of section 5A 5A Cross‑border magistrates Division 11—Modifications of Magistrates Court Act 1991 29 Amendment of section 7A—Constitution of Court 30 Substitution of section 23 23 Production of persons held in custody Division 12—Modifications of Oaths Act 1936 31 Amendment of section 7—Oaths to be taken by judicial officers Division 13—Modifications of Police Act 1998 32 Substitution of section 59 59 Appointment of special constables Division 14—Modifications of Police Regulations 2014 33 Amendment of regulation 81—Interpretation 34 Substitution of regulation 84 84 Illness or injury of prisoners Division 15—Modifications of Prisoners (Interstate Transfer) Act 1982 35 Insertion of section 6A 6A Relationship with cross‑border laws 36 Insertion of section 6B 6B Application of this Part to State prisoners imprisoned in another participating jurisdiction 37 Insertion of section 8A 8A Effect of orders under this Part on persons imprisoned under law of another participating jurisdiction Division 16—Modifications of Road Traffic Act 1961 38 Amendment of section 5—Interpretation 39 Amendment of section 41D—Use of equipment to examine or process things Division 17—Modifications of Sentencing Act 2017 40 Amendment of section 5—Interpretation 41 Insertion of section 44A 44A Commencement of sentences imposed in cross‑border proceedings 42 Insertion of section 105A 105A Hours of community service under non‑custodial orders made in cross‑border proceedings 43 Amendment of section 106—Provisions relating to supervision in the community Division 18—Modifications of Summary Offences Act 1953 44 Amendment of section 78—Person apprehended without warrant—how dealt with 45 Amendment of section 78A—Power of arrest in cases of certain offences committed outside the State 46 Repeal of section 80 47 Repeal of sections 83B to 83C Division 19—Modifications of Young Offenders Act 1993 48 Amendment of section 4—Interpretation 49 Insertion of section 4B 4B Ex officio juvenile justice officers 50 Amendment of section 23—Limitation on power to impose custodial sentence 51 Amendment of section 36—Detention of youth sentenced as adult 52 Amendment of section 40A—Leave may be authorised by Board 53 Amendment of section 41A—Conditional release from detention 54 Amendment of section 41C—What happens if youth fails to observe condition of release 55 Substitution of section 59 59 Detention and search by officers of Departmentjuvenile justice officers 56 Substitution of section 59A 59A Power of arrest by officers of the Departmentjuvenile justice officers 57 Substitution of section 60 60 Hindering an officer of the Departmenta juvenile justice officer Division 20—Modification of Youth Court Act 1993 58 Amendment of section 14—Constitution of Court Schedule 1—WA/SA/NT region 1 Description of boundary line 2 Areas in which police officers stationed or carry out duties Schedule 2—Repeal of Cross-border Justice Regulations 2009 Legislative history