Cross-border Justice Act 2008 (WA)

Western Australia Cross-border Justice Act 2008 Western Australia Cross-border Justice Act 2008 Contents Part 1 — Introduction Division 1 — Preliminary matters 1. Short title 1 2. Commencement 1 3. Act binds Crown 1 Division 2 — Object of this Act 4. Act gives effect to cooperative schemes 1 5. Object of Act and how it is to be achieved 1 6. How this Act to be construed 1 Division 3 — Interpretation 7. Terms used 1 8. Cross‑border laws 1 9. Persons who exercise powers are office holders 1 10. References to office holders 1 11. References to written laws of another participating jurisdiction 1 12. Use of notes and examples 1 Division 4 — Modifications of other laws of State 13. Appropriate modifications 1 14. Effect of modifications 1 Division 5 — Relationship between State's cross‑border laws and other laws 15. Law of another participating jurisdiction: office holders, prescribed courts, persons serving sentences 1 16. Law of another participating jurisdiction: other persons required to do things 1 17. Relationship to Service and Execution of Process Act 1992 (Commonwealth) 1 Division 6 — Application 18. Offences, orders and requirements in relation to which State's cross‑border laws apply 1 Part 2 — Cross‑border regions Division 1 — Prescribing cross‑border regions 19. Cross‑border regions to be prescribed 1 Division 2 — Connection with a cross‑border region 20. Persons suspected of, alleged to have committed or found guilty of offences 1 21. Persons against whom orders of prescribed courts are in force 1 22. Connection for purposes of making restraining orders 1 23. Persons serving sentences or carrying out orders in respect of offences or alleged offences 1 24. Other persons required to do things 1 25. Connections are not mutually exclusive 1 Division 3 — Proving connection with a cross‑border region 26. Term used: proceeding 1 27. Onus of proving person's whereabouts at time of arrest 1 28. Onus of proving person's residency during cross‑border proceeding 1 Division 4 — Multiple cross‑border regions 29. Application of this Division 1 30. Office holders, prescribed courts, persons serving sentences 1 31. Other persons required to do things 1 Part 4 — Police officers of another participating jurisdiction exercising powers in State Division 1 — Powers generally 52. Arrest without warrant 1 53. Arrest under warrant 1 54. Person taken into custody 1 55. Investigation of suspected or alleged offence or breach of order 1 56. Relationship of this Division with Criminal Investigation (Identifying People) Act 2002 Part 12 1 Division 2 — Road traffic powers Subdivision 1 — Vehicle or driver licensing laws 57. Powers in relation to offences 1 58. Other powers 1 Subdivision 2 — Drink or drug‑driving laws 59. Powers that may be exercised in State 1 60. Preliminary alcohol or drug test cannot be conducted in State 1 Subdivision 3 — Vehicle impounding laws 61. Powers 1 Subdivision 4 — Miscellaneous matters 62. Law of State does not apply 1 63. Relationship with Division 1 1 Division 3 — Restraining orders laws 64. Term used: NT police order 1 65. Making NT police orders 1 66. Enforcement of NT police orders 1 Part 3 — Police officers of State exercising powers in another participating jurisdiction Division 1 — Powers generally 32. Arrest without warrant 1 33. Arrest under warrant 1 34. Person taken into custody 1 35. Investigation of suspected or alleged offence or breach of order 1 36. Return of person not charged to place of arrest or other place 1 37. Relationship of this Part with Criminal Investigation (Extra‑territorial Offences) Act 1987 1 Division 2 — Road traffic powers Subdivision 1 — Vehicle or driver licensing laws 38. Powers in relation to offences 1 39. Other powers 1 Subdivision 2 — Drink or drug‑driving laws 40. Terms used 1 41. Conduct of preliminary alcohol or drug test in cross‑border region 1 42. Powers that may be exercised in another participating jurisdiction 1 43. Providing or taking sample in another participating jurisdiction 1 44. Preliminary alcohol or drug test cannot be conducted in another participating jurisdiction 1 Subdivision 3 — Vehicle impounding laws 45. Powers 1 Subdivision 4 — Miscellaneous matters 46. Law of State applies 1 47. Relationship with Division 1 1 Division 3 — Restraining orders laws 48. Term used: WA police order 1 49. Making of WA police orders 1 50. Enforcement of WA police orders 1 Division 4 — Offence 51. Offence to interfere with exercise of power 1 Part 5 — Prescribed courts of State exercising cross‑border jurisdiction Division 1 — Preliminary matters 67. Operation of courts outside State not limited 1 Division 2 — Jurisdiction and powers of courts 68. Proceedings that may be heard in another participating jurisdiction 1 69. Exercise of jurisdiction and powers 1 70. Practice and procedure 1 71. Rules of evidence 1 72. Offence to fail to comply with order, judgment, warrant or summons 1 Division 3 — Miscellaneous matters relating to cross‑border proceedings 73. Legal practitioners of another participating jurisdiction entitled to appear etc. 1 74. Court documents may be lodged, served or issued in another participating jurisdiction 1 75. Court documents in wrong form do not invalidate proceedings or decisions 1 76. Application of Court Security and Custodial Services Act 1999 1 77. Law of State applies 1 Division 4 — Registration of interstate restraining orders 78. Part 2 Divisions 2 and 4 do not apply 1 79. Terms used 1 80. Registration of SA restraining orders under WA law 1 81. Registration of NT restraining orders under WA law 1 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 1 83. Exercise of jurisdiction and powers 1 Division 2 — Miscellaneous matters relating to cross‑border proceedings 84. Exception to Criminal Code Act 1913 section 4 1 85. Privileges, protection and immunity of participants in proceedings 1 86. Court documents may be lodged, served or issued in State 1 87. Application of Court Security and Custodial Services Act 1999 1 88. Law of State does not apply 1 Division 3 — Registration of interstate restraining orders 89. Part 2 Divisions 2 and 4 do not apply 1 90. Registration of WA or NT restraining orders under SA law 1 91. Registration of WA or SA restraining orders under NT law 1 Part 7 — Bail of persons in custody under law of State 92. Police officer of State may exercise powers in another participating jurisdiction 1 93. Offence to fail to comply with bail undertaking 1 Part 8 — Bail of persons in custody under law of another participating jurisdiction 94. Police officer of another participating jurisdiction may exercise powers in State 1 Part 9 — Persons with mental impairment 95. Terms used 1 96. Persons committed to detention or custody under SA law 1 97. Persons detained under NT law 1 Part 10 — Sentences and orders under law of State Division 1 — Custodial sentences and orders Subdivision 1 — Sentences of imprisonment or detention 98. Serving sentence in State or another participating jurisdiction 1 99. Warrant of commitment 1 Subdivision 2 — Remand 100. Remanded in custody in State or another participating jurisdiction 1 101. Remand warrant 1 102. Law of State applies 1 Subdivision 3 — Bring up orders 103. Bringing prisoner or detainee in another participating jurisdiction before judicial body of State 1 104. Custody of person brought up from prison or detention centre in another participating jurisdiction 1 Subdivision 4 — Miscellaneous matters 105. Carrying out custodial orders 1 106. Application of Court Security and Custodial Services Act 1999 1 107. Application of Prisons Act 1981 1 108. Application of Young Offenders Act 1994 1 Division 2 — Non‑custodial sentences and orders 109. Carrying out non‑custodial orders in another participating jurisdiction 1 110. Conducting diversionary programs for young offenders in another participating jurisdiction 1 Part 11 — Sentences and orders under law of another participating jurisdiction Division 1 — Custodial sentences and orders 111. Serving sentence of imprisonment or detention in State 1 112. Remanded in custody in State 1 113. Carrying out custodial orders 1 114. Effect of bring up order if person in custody under law of State 1 115. Application of Court Security and Custodial Services Act 1999 1 116. Application of Prisons Act 1981 1 117. Application of Young Offenders Act 1994 1 Division 2 — Non‑custodial sentences and orders 118. Carrying out non‑custodial orders in State 1 119. Conducting diversionary programs for young offenders in State 1 Part 12 — Enforcement of fines Division 1 — Preliminary matters 120. Terms used 1 Division 2 — Fines under law of State 121. Request to enforce fine in another participating jurisdiction 1 122. Effect of making request 1 123. Receipt of money by Fines Registrar 1 124. Receipt of money from reciprocating agency 1 125. Resumption of enforcement by Fines Registrar 1 Division 3 — Fines under law of another participating jurisdiction 126. Request to enforce fine in State 1 127. Effect of registration 1 128. Receipt of money by reciprocating agency 1 129. Receipt of money by Fines Registrar 1 130. Request to cease enforcement of fine 1 Part 13 — Office holders of participating jurisdictions Division 1 — Holding offices and exercising powers under law of other jurisdictions 131. Secondary office holders and secondary offices 1 132. Office holders of State may be secondary office holders of another participating jurisdiction 1 133. Office holders of another participating jurisdiction may be secondary office holders of State 1 134. Prohibition against holding or exercising powers of another office not breached 1 135. Terms of appointment of secondary office holders under law of State 1 Division 2 — Appointment of magistrates of another participating jurisdiction to be magistrates of State 136. Appointment as magistrates of Magistrates Court 1 137. Appointment as magistrates of Children's Court 1 Part 14 — Miscellaneous matters 138. Reporting accidents, producing driver's licences etc. at police stations etc. 1 139A. Operation of Coroners Act 1996 not affected 1 139. Application of Inspector of Custodial Services Act 2003 1 140. Power of Minister to enter agreements 1 141. Inconsistency between Act and agreement 1 142. Protection of office holders of State taking action in another participating jurisdiction 1 143. Protection of office holders of another participating jurisdiction taking action in State 1 144. Disclosure of information to authorities in another participating jurisdiction 1 145. Delegation by CEO (corrections) 1 146. Regulations 1 147. Review of this Act 1 Notes Compilation table 1 Uncommenced provisions table 1 Defined terms Western Australia Cross-border Justice Act 2008 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.