Cross-border Justice Act 2008
Cross-border Justice Regulations 2009
Western Australia
Cross-border Justice Regulations 2009
Contents
Part 1 — Preliminary matters
1.Citation1
2.Commencement1
Part 2 — Cross‑border regions
3.WA/SA/NT region2
Part 3 — Modifications of other laws of State
Division 1 — Interpretation of modifications
4.Terms used in modifications3
Division 2 — Aboriginal Affairs Planning Authority Act 1972 modifications
5.Act modified3
6.Section 48 altered3
Division 3 — Bail Act 1982 modifications
7.Act modified4
8.Section 3 altered4
9.Section 4AA inserted6
4AA. 1MApplication to accused in participating jurisdiction6
10.Schedule 1 Part D clause 2 altered6
11.Schedule 1 Part D clause 3 altered8
Division 4 — Children’s Court of Western Australia Act 1988 modifications
12.Act modified8
13.Section 10 altered8
14.Section 12 altered9
Division 5 — Community Protection (Offender Reporting) Act 2004 modifications
15.Act modified9
16.Section 34 altered10
Division 6 — Criminal Investigation Act 2006 modifications
17.Act modified10
18.Section 3 altered10
19.Section 27 altered12
20A.Section 34 altered12
20B.Section 35 altered13
20C.Section 36 altered13
20D.Section 37 altered13
20.Section 38 altered14
21.Section 44 altered14
22.Section 47 altered15
23.Section 69 altered15
24.Section 73 altered15
25.Section 97 altered17
26.Section 133 altered17
27.Section 135 altered18
28.Section 140 altered18
Division 7 — Criminal Investigation (Extra‑territorial Offences) Act 1987 modifications
29.Act modified18
30.Section 8A altered19
Division 8 — Criminal Investigation (Identifying People) Act 2002 modifications
31.Act modified19
32.Section 3 altered19
33.Section 52 replaced20
52. 1MDefinitions20
Division 9 — Criminal Law (Mentally Impaired Accused) Act 1996 modifications
34.Act modified21
35.Section 3 altered21
36.Section 5A inserted23
5A. 1MApplication to accused and mentally impaired accused in participating jurisdiction23
37.Section 5 altered23
38.Section 6 altered24
39.Section 23 altered24
40.Section 25 altered26
41.Section 26 altered27
42.Section 28 altered28
43.Section 32 replaced29
32. 1MMental health and prisons laws do not apply29
44.Section 35 altered30
45.Section 45 altered31
46.Section 49 altered31
Division 10 — Criminal Procedure Act 2004 modifications
47.Act modified32
48.Section 77 altered32
49.Section 135 altered33
50.Section 172 altered33
Division 11 — Evidence Act 1906 modifications
51.Act modified33
52.Section 121 altered34
Division 12 — Fines, Penalties and Infringement Notices Enforcement Act 1994 modifications
53.Act modified34
54.Section 50 altered34
55.Section 53 altered35
Division 13 — Magistrates Court Act 2004 modifications
56.Act modified35
57.Section 6 altered35
58.Schedule 1 clause 10 inserted36
10. 1MCross‑border magistrates36
Division 14 — Police Act 1892 modifications
59.Act modified37
60.Section 36 altered37
61.Section 38C altered38
Division 15 — Prisoners (Interstate Transfer) Act 1983 modifications
62.Act modified38
63.Section 5A inserted38
5A. 1MRelationship with cross‑border laws38
64.Section 5B inserted39
5B. 1MApplication of this Part to State prisoners imprisoned in another participating jurisdiction39
65.Section 7A inserted39
7A. 1MEffect of orders under this Part on persons imprisoned under law of another participating jurisdiction39
Division 16 — Prisons Act 1981 modifications
66.Act modified40
67.Section 3 altered40
68.Section 33 altered41
69.Section 64 altered42
70.Section 69 altered42
71.Section 85 altered42
72.Section 86 altered42
Division 17 — Prisons Regulations 1982 modifications
73.Regulations modified43
74.Regulation 54W altered43
Division 18 — Restraining Orders Act 1997 modifications
75.Act modified44
76.Section 62E altered44
77.Section 62F altered44
78.Section 72AA inserted44
72AA. 1MNotification of restraining orders made in cross‑border proceedings44
79.Section 75 altered45
80.Section 76 altered46
81.Section 78 altered46
82.Section 79AA inserted46
79AA. 1MEnforcement of unregistered interstate orders46
Division 19 — Road Traffic Act 1974 modifications
83.Act modified48
85.Section 49A altered48
87.Section 56 altered48
88.Section 65 altered48
89.Section 66 altered50
90.Section 66B altered51
91.Section 66D altered51
92.Section 66E altered51
93.Section 78A altered51
94.Section 78C altered52
95.Section 80F altered52
Division 20A — Road Traffic (Administration) Act 2008 modifications
96.Act modified53
97.Section 33 altered53
98.Section 47 altered53
99.Section 48 altered54
100.Section 96 altered55
101A.Section 103 altered55
101B.Section 131 altered56
Division 20B — Road Traffic (Vehicles) Act 2012 modifications
101C.Act modified56
101D.Section 13 altered56
Division 20 — Sentence Administration Act 2003 modifications
101.Act modified57
102.Section 4 altered57
103.Section 30 altered57
104.Section 55 altered58
105.Section 70 altered58
106.Section 84 altered58
107.Section 98AA inserted58
98AA. 1MEx officio community corrections officers58
Division 21 — Sentencing Act 1995 modifications
108.Act modified59
109.Section 14A altered59
110.Section 33D altered59
111.Section 63 altered60
112.Section 68A inserted60
68A. 1MHours of work under non‑custodial orders made in cross‑border proceedings60
113.Section 70 altered61
114.Section 75A inserted62
75A. 1MHours of work under non‑custodial orders made in cross‑border proceedings62
115.Section 83 altered63
116.Section 89A inserted63
89A. 1MCommencement of sentences imposed in cross‑border proceedings63
Division 22 — Young Offenders Act 1994 modifications
117.Act modified64
118.Section 3 altered64
119.Section 10 altered66
120.Section 11AA inserted66
11AA. 1MEx officio juvenile justice officers66
121.Section 11A altered66
122.Section 17A altered67
123.Section 36 altered67
124.Section 48 altered68
125.Section 65A altered68
126.Section 65C altered68
127.Section 77 altered68
128.Section 92 altered69
129.Section 108 altered69
130.Section 136 altered69
131.Section 139 altered69
132.Section 161 altered70
133.Section 178 altered70
134.Section 194 altered72
Part 4 — Miscellaneous matters
135.Authorised officers73
136.Custodial orders: recommendation about place of custody73
137.Reduction of fine when work or activity performed or period of custody served73
Schedule 1 — WA/SA/NT region
Part A — Description of boundary line
Part B — Areas in respect of which police officers stationed or carry out duties
Notes
Compilation table77
Other notes78
Cross-border Justice Act 2008
Cross-border Justice Regulations 2009
These regulations come into operation as follows —
(a)Part 3 Divisions 4 and 22 — on the day on which the Cross‑border Justice Act 2008 sections 67(b), 68(2)(b) and (e), 108, 110, 117, 119 and 137 and Part 15 Division 1 come into operation;
(b)the rest of the regulations — on the day on which the Cross‑border Justice Act 2008 section 146 comes into operation 1.
(1)The WA/SA/NT region is a cross‑border region that —
(a)straddles the State’s borders with South Australia and the Northern Territory; and
(b)is bounded by a line described in Schedule 1 Part A.
(2)The map in Schedule 1 Part B is indicative of the areas in the WA/SA/NT region in respect of which police officers of participating jurisdictions may be stationed or carry out duties.
Part 3 — Modifications of other laws of State
Division 1 — Interpretation of modifications
If a term is given a meaning in section 7 of the Act, it has the same meaning in a modification prescribed by these regulations unless the contrary intention appears in the modification.
Notes for this Division:
1.Under section 14 of the Act, in order to give effect to the Act, a law of the State must be applied with the modifications prescribed by these regulations as if the law had been altered in that way.
2.If a modification is to replace or insert a numbered provision, the new provision is identified by the superscript 1M appearing after the provision number. If a modification is to replace or insert a definition, the new definition is identified by the superscript 1M appearing after the defined term.
Division 2 — Aboriginal Affairs Planning Authority Act 1972 modifications
This Division prescribes modifications to the Aboriginal Affairs Planning Authority Act 1972.
In section 48 after “any court” insert:
(including cross‑border proceedings of a prescribed court of the State)
Division 3 — Bail Act 1982 modifications
This Division prescribes modifications to the Bail Act 1982.
(1)In section 3(1) delete the definitions of:
authorised police officer
court custody centre
judicial officer
lock‑up
(2)In section 3(1) insert in alphabetical order:
authorised police officer 1M means —
(a)a police officer of the State who —
(i)holds the rank of sergeant or a higher rank; or
(ii)is for the time being in charge of a police station or lock‑up in the State;
or
(b)a police officer of another participating jurisdiction —
(i)who —
(I)holds the rank of sergeant or a higher rank; or
(II)is for the time being in charge of a police station or lock‑up in that other jurisdiction;
and
(ii)who holds a secondary office as a police officer of the State;
court custody centre 1M —
(a)has the meaning given in the Court Security and Custodial Services Act 1999 section 3; and
(b)includes a part of court premises in another participating jurisdiction, other than the dock in a courtroom —
(i)that is set aside as a place where persons in custody are detained; and
(ii)that is not accessible to the members of the public without permission of the person in charge of the place;
judicial officer 1M —
(a)means any person empowered to exercise jurisdiction in a court whether or not he is sitting as a court; and
(b)includes —
(i)a single justice; and
(ii)a magistrate of the State sitting in another participating jurisdiction; and
(iii)where the context so requires, the Court of Appeal exercising jurisdiction under this Act;
justice 1M, except in section 26, includes a magistrate of the State in another participating jurisdiction;
lock‑up 1M includes —
(a)a place prescribed as a lock‑up for the purposes of the Court Security and Custodial Services Act 1999; and
(b)a place in another participating jurisdiction that is a lock‑up under the law of that other jurisdiction;
place 1M includes a place in another participating jurisdiction;
prison 1M includes a prison in another participating jurisdiction;
After section 4 insert:
4AA. 1MApplication to accused in participating jurisdiction
This Act applies in relation to an accused in a participating jurisdiction who has a connection with a cross‑border region.
10.Schedule 1 Part D clause 2 altered
(1)In Schedule 1 Part D clause 2(1a)(d) delete “institution; or” and insert:
institution (which may be in another participating jurisdiction); or
(2)Delete Schedule 1 Part D clause 2(3a)(a) and insert:
(a) 1Mthat the accused be assessed, either by a medical practitioner or an authorised mental health practitioner (as defined in the Mental Health Act 2014 section 4) for the purpose of deciding whether to make a referral under section 26 of that Act and that Act applies accordingly;
(ba) 1Mthat the accused be examined by a medical practitioner or authorised health professional under the Mental Health Act 2009 (South Australia) for the purpose of deciding whether to make an order under section 10(1) or 21(1) of that Act and that Act applies accordingly;
(bb) 1Mthat the accused be assessed by a medical practitioner, authorised psychiatric practitioner or designated mental health practitioner under the Mental Health and Related Services Act 1998 (Northern Territory) for the purpose of deciding whether to make a recommendation under section 34(1) of that Act and that Act applies accordingly;
(3)In Schedule 1 Part D clause 2(3a)(b) delete “hospital (as defined in the Mental Health Act 2014 section 4);”and insert:
hospital;
(4)In Schedule 1 Part D clause 2(4) after “place” insert:
(which may be in another participating jurisdiction)
(5)Delete Schedule 1 Part D clause 2(7) and insert:
(7) 1MIn this clause, unless the contrary intention appears —
authorised hospital 1M means —
(a)an authorised hospital as defined in the Mental Health Act 2014 section 4; or
(b)an approved treatment centre as defined in the Mental Health Act 2009 (South Australia) section 3(1); or
(c)an approved treatment facility as defined in the Mental Health and Related Services Act 1998 (Northern Territory) section 4;
medical practitioner 1M means a person registered under the Health Practitioner Regulation National Law (Western Australia), the Health Practitioner Regulation National Law (South Australia) or the Health Practitioner Regulation National Law (NT) in the medical profession;
psychiatrist 1M means —
(a)a psychiatrist as defined in the Mental Health Act 2014 section 4; or
(b)a psychiatrist as defined in the Mental Health Act 2009 (South Australia) section 3(1); or
(c)a person who holds an appointment, or may be appointed, as an authorised psychiatric practitioner under the Mental Health and Related Services Act 1998 (Northern Territory) section 22.
[Regulation 10 amended: Gazette 29 Dec 2015 p. 5175‑6; 9 Mar 2018 p. 801‑2; SL 2020/164 r. 8.]
11.Schedule 1 Part D clause 3 altered
In Schedule 1 Part D clause 3(3) delete paragraph (b).
Division 4 — Children’s Court of Western Australia Act 1988 modifications
This Division prescribes modifications to the Children’s Court of Western Australia Act 1988.
In section 10(5):
(a)before “(4) and (5)” insert:
(4A),
(b)delete “clause 9(9)) and 11” and insert:
clause 9(9)), 10 (except clause 10(7) and (8)) and 12
(c)delete paragraph (b) and “and” after it and insert:
(b) 1Meach reference in those provisions to a magistrate of the Magistrates Court were a reference to a magistrate of the Children’s Court; and
After section 12(1a) insert:
(1B) 1MDespite subsection (1), a cross‑border magistrate appointed under the Magistrates Court Act 2004 Schedule 1 clause 10(2) as applied by section 10(5) who is a magistrate of another participating jurisdiction may take the oath or affirmation of office in that other participating jurisdiction before a judge of the Supreme Court of that other jurisdiction.
Division 5 — Community Protection (Offender Reporting) Act 2004 modifications
This Division prescribes modifications to the Community Protection (Offender Reporting) Act 2004.
In section 34(1):
(a)in paragraph (a) after “station” insert:
in a participating jurisdiction that is
(b)in paragraph (b) after “place” insert:
in a participating jurisdiction that is
Division 6 — Criminal Investigation Act 2006 modifications
This Division prescribes modifications to the Criminal Investigation Act 2006.
(1)In section 3(1) delete the definition of place.
(2)In section 3(1) insert in alphabetical order:
JP 1M includes a magistrate of the State in another participating jurisdiction;
magistrate 1M includes a magistrate of the State in another participating jurisdiction;
place 1M means —
(a)any land, building, structure, tent or mobile home in a participating jurisdiction; or
(b)a part of any land, building, structure, tent or mobile home in a participating jurisdiction;
(3)In section 3(1) in the definition of mobile home delete “vehicle —” and insert:
vehicle in a participating jurisdiction —
(4)In section 3(1) in the definition of public open area:
(a)in paragraph (a) after “an area” insert:
in a participating jurisdiction
(b)in paragraph (b) delete “an area of land —” and insert:
an area of land in a participating jurisdiction —
(5)In section 3(1) in the definition of public place:
(a)in paragraphs (a) and (b) after “a place” insert:
in a participating jurisdiction
(b)in paragraph (c) delete “education,” and insert:
education in a participating jurisdiction,
(6)In section 3(1) in the definition of vehicle:
(a)in paragraph (a) after “any thing” insert:
in a participating jurisdiction
(b)in paragraph (b) after “a mobile home” insert:
in a participating jurisdiction
Before section 27(1) insert:
(1A)A police officer can exercise a power in this section in relation to a public place, or a vehicle used for public transport, anywhere in the State but cannot exercise that power in relation to a public place, or a vehicle used for public transport, in another participating jurisdiction.
[Regulation 19 inserted: Gazette 13 Jul 2010 p. 3292.]
(1)At the beginning of section 34 insert:
(1)A police officer can exercise a power in this section in relation to a public place anywhere in the State but cannot exercise that power in relation to a public place in another participating jurisdiction.
(2)In section 34 delete “A police officer” and insert:
(2)A police officer
[Regulation 20A inserted: Gazette 13 Jul 2010 p. 3293.]
Before section 35(1) insert:
(1A)A police officer can exercise a power in this section in relation to a place or vehicle anywhere in the State but cannot exercise that power in relation to a place or vehicle in another participating jurisdiction.
[Regulation 20B inserted: Gazette 13 Jul 2010 p. 3293.]
(1)At the beginning of section 36 insert:
(1)An officer can exercise a power in this section in relation to a place or vehicle anywhere in the State but cannot exercise that power in relation to a place or vehicle in another participating jurisdiction.
(2)In section 36 delete “If an officer” and insert:
(2)If an officer
[Regulation 20C inserted: Gazette 13 Jul 2010 p. 3293.]
Before section 37(1) insert:
(1A)A police officer can exercise a power in this section in relation to a place or vehicle anywhere in the State but cannot exercise that power in relation to a place or vehicle in another participating jurisdiction.
[Regulation 20D inserted: Gazette 13 Jul 2010 p. 3293.]
(1)At the beginning of section 38 insert:
(1)A police officer can exercise a power in this section in relation to a vehicle anywhere in the State but cannot exercise that power in relation to a vehicle in another participating jurisdiction.
(2)In section 38 delete “If a police officer” and insert:
(2)If a police officer
[Regulation 20 inserted: Gazette 13 Jul 2010 p. 3294.]
In section 44(1) in the definition of senior officer delete paragraph (a) and insert:
(a) 1Min relation to a police officer of the State —
(i)a police officer of the State who is, or is acting as, a sergeant or an officer of a rank more senior than a sergeant; or
(ii)a police officer of another participating jurisdiction who —
(I)is, or is acting as, a sergeant or an officer of a rank more senior than a sergeant; and
(II)holds a secondary office as a police officer of the State;
In section 47(1) in the definition of senior officer delete paragraph (a) and insert:
(a) 1Min relation to a police officer of the State —
(i)a police officer of the State who is, or is acting as, a sergeant or an officer of a rank more senior than a sergeant; or
(ii)a police officer of another participating jurisdiction who —
(I)is, or is acting as, a sergeant or an officer of a rank more senior than a sergeant; and
(II)holds a secondary office as a police officer of the State;
Before section 69(1) insert:
(1A)A police officer or senior police officer can exercise a power in this section in relation to a public place anywhere in the State but cannot exercise that power in relation to a public place in another participating jurisdiction.
[Regulation 23 inserted: Gazette 13 Jul 2010 p. 3294.]
(1)In section 73 delete the definitions of:
dentist
doctor
nurse
qualified person
(2)In section 73 insert in alphabetical order:
dentist 1M means a person registered under the Health Practitioner Regulation National Law (Western Australia), the Health Practitioner Regulation National Law (South Australia) or the Health Practitioner Regulation National Law (NT) in the dental profession whose name is entered on the Dentists Division of the Register of Dental Practitioners kept under that Law;
doctor 1M means a person registered under the Health Practitioner Regulation National Law (Western Australia), the Health Practitioner Regulation National Law (South Australia) or the Health Practitioner Regulation National Law (NT) in the medical profession;
nurse 1M means a person registered under the Health Practitioner Regulation National Law (Western Australia), the Health Practitioner Regulation National Law (South Australia) or the Health Practitioner Regulation National Law (NT) in the nursing and midwifery profession whose name is entered on the Register of Nurses kept under that Law;
qualified person 1M, in relation to a forensic procedure, means —
(a)a person in the State who is qualified under the regulations to do the procedure; or
(b)a person in another participating jurisdiction who is authorised under the law of that other jurisdiction to do a procedure that is the same as or similar to the forensic procedure;
[Regulation 24 amended: Gazette 9 Mar 2018 p. 802.]
In section 97(1) in the definition of senior officer delete paragraph (a) and insert:
(a) 1Mif an application is being made under this section by a police officer of the State —
(i)a police officer of the State who is, or is acting as, a sergeant or an officer of a rank more senior than a sergeant; or
(ii)a police officer of another participating jurisdiction who —
(I)is, or is acting as, a sergeant or an officer of a rank more senior than a sergeant; and
(II)holds a secondary office as a police officer of the State;
In section 133(1) in the definition of senior officer delete paragraph (a) and insert:
(a) 1Min relation to a police officer of the State —
(i)a police officer of the State who is, or is acting as, a sergeant or an officer of a rank more senior than a sergeant; or
(ii)a police officer of another participating jurisdiction who —
(I)is, or is acting as, a sergeant or an officer of a rank more senior than a sergeant; and
(II)holds a secondary office as a police officer of the State;
In section 135(2)(b) delete “place.” and insert:
place in a participating jurisdiction.
In section 140(1) in the definition of senior officer delete paragraph (a) and insert:
(a) 1Min the case of an arrested suspect who has been arrested by a police officer of the State —
(i)a police officer of the State who is, or is acting as, a sergeant or an officer of a rank more senior than a sergeant; or
(ii)a police officer of another participating jurisdiction who —
(I)is, or is acting as, a sergeant or an officer of a rank more senior than a sergeant; and
(II)holds a secondary office as a police officer of the State;
Division 7 — Criminal Investigation (Extra‑territorial Offences) Act 1987 modifications
This Division prescribes modifications to the Criminal Investigation (Extra‑territorial Offences) Act 1987.
After section 8A(9) insert:
(10) 1MTo avoid doubt, a proceeding under this section in respect of a foreign offence is only a cross‑border proceeding if —
(a)the offence is an offence under the law of another participating jurisdiction; and
(b)the person arrested for the offence has a connection with a cross‑border region that is partly in that other jurisdiction.
Division 8 — Criminal Investigation (Identifying People) Act 2002 modifications
This Division prescribes modifications to the Criminal Investigation (Identifying People) Act 2002.
(1)In section 3(1) delete the definition of JP.
(2)In section 3(1) insert in alphabetical order:
JP 1M —
(a)means Justice of the Peace; and
(b)includes a magistrate of the State in another participating jurisdiction;
magistrate 1M includes a magistrate of the State in another participating jurisdiction;
(3)In section 3(1) in the definition of senior officer delete paragraph (a) and insert:
(a) 1Ma police officer of the State who is, or is acting as, a sergeant or an officer of a rank more senior than a sergeant; or
(ba) 1Ma police officer of another participating jurisdiction who —
(i)is, or is acting as, a sergeant or an officer of a rank more senior than a sergeant; and
(ii)holds a secondary office as a police officer of the State;
or
Delete section 52 and insert:
In this Part —
dentist 1M means a person registered under the Health Practitioner Regulation National Law (Western Australia), the Health Practitioner Regulation National Law (South Australia) or the Health Practitioner Regulation National Law (NT) in the dental profession whose name is entered on the Dentists Division of the Register of Dental Practitioners kept under that Law;
doctor 1M means a person registered under the Health Practitioner Regulation National Law (Western Australia), the Health Practitioner Regulation National Law (South Australia) or the Health Practitioner Regulation National Law (NT) in the medical profession;
nurse 1M means a person registered under the Health Practitioner Regulation National Law (Western Australia), the Health Practitioner Regulation National Law (South Australia) or the Health Practitioner Regulation National Law (NT) in the nursing and midwifery profession whose name is entered on the Register of Nurses kept under that Law;
qualified person 1M, in relation to an identifying procedure, means —
(a)a person in the State who is qualified under the regulations to do the procedure; or
(b)a person in another participating jurisdiction who is authorised under the law of that other jurisdiction to do a procedure that is the same as or similar to the identifying procedure.
[Regulation 33 amended: Gazette 9 Mar 2018 p. 802‑3.]
Division 9 — Criminal Law (Mentally Impaired Accused) Act 1996 modifications
This Division prescribes modifications to the Criminal Law (Mentally Impaired Accused) Act 1996.
(1)In section 3 delete the definitions of:
involuntary patient
psychiatrist
(2)In section 3 insert in alphabetical order:
authorised hospital 1M includes —
(a)an approved treatment centre as defined in the Mental Health Act 2009 (South Australia) section 3(1); and
(b)an approved treatment facility as defined in the Mental Health and Related Services Act 1998 (Northern Territory) section 4;
involuntary patient 1M —
(a)has the same definition as in the Mental Health Act 2014 section 4; and
(b)includes a person who is the subject of an inpatient treatment order made under the Mental Health Act 2009 (South Australia) Part 5; and
(c)includes an involuntary patient as defined in the Mental Health and Related Services Act 1998 (Northern Territory) section 4;
mental health laws 1M, of a participating jurisdiction, means —
(a)if the jurisdiction is the State — the Mental Health Act 2014; or
(b)if the jurisdiction is South Australia — the Mental Health Act 2009 (South Australia); or
(c)if the jurisdiction is the Northern Territory — the Mental Health and Related Services Act 1998 (Northern Territory);
psychiatrist 1M —
(a)has the same definition as in the Mental Health Act 2014 section 4; and
(b)except in Part 6, includes —
(i)a psychiatrist as defined in the Mental Health Act 2009 (South Australia) section 3(1); and
(ii)a person who holds an appointment, or may be appointed, as an authorised psychiatric practitioner under the Mental Health and Related Services Act 1998 (Northern Territory) section 22;
[Regulation 35 amended: Gazette 29 Dec 2015 p. 5176; 9 Mar 2018 p. 803‑4; SL 2020/164 r. 8.]
At the end of Part 1 insert:
5A. 1MApplication to accused and mentally impaired accused in participating jurisdiction
This Act applies in relation to an accused or mentally impaired accused in a participating jurisdiction who has a connection with a cross‑border region.
Delete section 5(4) and insert:
(4) 1MSubject to this section, these things apply in relation to a hospital order —
(a)if the order requires the accused to be examined by a psychiatrist as defined in the Mental Health Act 2014 section 4, the order has effect as if the accused had been referred under section 26(2) of that Act for examination by a psychiatrist and that Act applies accordingly;
(b)if the order requires the accused to be examined by a psychiatrist under the law of South Australia, the order has effect as if an order under the Mental Health Act 2009 (South Australia) section 21(1) had been made in respect of the accused and that Act applies accordingly;
(c)if the order requires the accused to be examined by a psychiatrist under the law of the Northern Territory, the order has effect as if a recommendation under the Mental Health and Related Services Act 1998 (Northern Territory) section 34(1) had been made in respect of the accused and that Act applies accordingly.
[Regulation 37 amended: Gazette 29 Dec 2015 p. 5176; 9 Mar 2018 p. 804; SL 2020/164 r. 8.]
In section 6(1) and (2) delete “the Mental Health Act 2014” and insert:
a participating jurisdiction’s mental health laws
Note:The heading to modified section 6 is to read:
Relationship with mental health laws
[Regulation 38 amended: Gazette 29 Dec 2015 p. 5176.]
(1)In section 23 delete the definitions of:
detention centre
prison
(2)In section 23 insert in alphabetical order:
authorised hospital 1M means —
(a)an authorised hospital as defined in the Mental Health Act 2014 section 4; or
(b)an approved treatment centre as defined in the Mental Health Act 2009 (South Australia) section 3(1); or
(c)an approved treatment facility as defined in the Mental Health and Related Services Act 1998 (Northern Territory) section 4;
detention centre 1M means —
(a)a detention centre as defined in the Young Offenders Act 1994 section 3; or
(b)a detention centre in another participating jurisdiction under its cross‑border laws;
prison 1M means —
(a)a prison as defined in the Prisons Act 1981 section 3(1); or
(b)a prison in another participating jurisdiction under its cross‑border laws.
(3)In section 23 in the definition of declared place after “place” (first occurrence) insert:
in a participating jurisdiction
[Regulation 39 amended: Gazette 29 Dec 2015 p. 5176‑7; 9 Mar 2018 p. 804; SL 2020/164 r. 8.]
(1)In section 25(1)(b) after “the place” insert:
(which may be in another participating jurisdiction)
(2)After section 25(1) insert:
(2A) 1MHowever, the Board cannot determine that the accused is to be detained at a place in another participating jurisdiction that is managed by or on behalf of a government department or agency of that other jurisdiction unless —
(a)if that other jurisdiction is South Australia — the Chief Psychiatrist as defined in the Mental Health Act 2009 (South Australia) section 3(1); or
(b)if that other jurisdiction is the Northern Territory — the CEO as defined in the Mental Health and Related Services Act 1998 (Northern Territory) section 4,
consents to the accused being detained at that place.
(3)After section 25(2) insert:
(3A) 1MHowever, the accused cannot be detained under subsection (2) in an authorised hospital, prison or detention centre in another participating jurisdiction that is managed by or on behalf of a government department or agency of that other jurisdiction unless —
(a)if that other jurisdiction is South Australia — the Chief Psychiatrist as defined in the Mental Health Act 2009 (South Australia) section 3(1); or
(b)if that other jurisdiction is the Northern Territory — the CEO as defined in the Mental Health and Related Services Act 1998 (Northern Territory) section 4,
consents to the accused being detained in that authorised hospital, prison or detention centre.
(4)In section 25(3)(a) delete “from the hospital under the Mental Health Act 2014 Part 7 Division 4 or to be granted leave of absence under Part 7 Division 6 of that Act; or” and insert:
or granted a leave of absence from the hospital under a participating jurisdiction’s mental health laws; or
[Regulation 40 amended: Gazette 29 Dec 2015 p. 5177; 9 Mar 2018 p. 804; SL 2020/164 r. 8.]
(1)In section 26 delete “The Board” and insert:
(1) 1MThe Board
(2)At the end of section 26 insert:
(2) 1MHowever, the Board cannot amend its determination so that the accused is to be detained at a place in another participating jurisdiction that is managed by or on behalf of a government department or agency of that other jurisdiction unless —
(a)if that other jurisdiction is South Australia — the Chief Psychiatrist as defined in the Mental Health Act 2009 (South Australia) section 3(1); or
(b)if that other jurisdiction is the Northern Territory — the CEO as defined in the Mental Health and Related Services Act 1998 (Northern Territory) section 4,
consents to the accused being detained at that place.
[Regulation 41 amended: Gazette 9 Mar 2018 p. 805; SL 2020/164 r. 8.]
(1)In section 28(4)(b) delete “a specified place;” and insert:
a specified place (which may be in another participating jurisdiction);
(2)After section 28(4) insert:
(5) 1MHowever, the order cannot include a condition that the mentally impaired accused is to reside at a place in another participating jurisdiction that is managed by or on behalf of a government department or agency of that other jurisdiction unless —
(a)if that other jurisdiction is South Australia — the Chief Psychiatrist as defined in the Mental Health Act 2009 (South Australia) section 3(1); or
(b)if that other jurisdiction is the Northern Territory — the CEO as defined in the Mental Health and Related Services Act 1998 (Northern Territory) section 4,
consents to the accused residing at that place.
[Regulation 42 amended: Gazette 9 Mar 2018 p. 805; SL 2020/164 r. 8.]
Delete section 32 and insert:
32. 1MMental health and prisons laws do not apply
(1)In this section —
prisons laws 1M, of a participating jurisdiction, means —
(a)if the jurisdiction is the State — the Prisons Act 1981; or
(b)if the jurisdiction is South Australia — the Correctional Services Act 1982 (South Australia); or
(c)if the jurisdiction is the Northern Territory — the Correctional Services Act 2014 (Northern Territory).
(2)The provisions of a participating jurisdiction’s mental health laws relating to the absence from an authorised hospital of an involuntary patient do not apply in relation to the absence from an authorised hospital of a mentally impaired accused.
(3)The provisions of a participating jurisdiction’s prisons laws relating to the absence from a prison of a prisoner do not apply in relation to the absence from a prison of a mentally impaired accused unless the reason for the absence is —
(a)the facilitation of the provision of medical or health services to the accused; or
(b)the furthering of the interests of justice.
[Regulation 43 amended: Gazette 9 Mar 2018 p. 805; SL 2020/164 r. 8.]
(1)In section 35(4)(b) delete “a specified place;” and insert:
a specified place (which may be in another participating jurisdiction);
(2)After section 35(4) insert:
(5A) 1MHowever, the order cannot include a condition that the mentally impaired accused is to reside at a place in another participating jurisdiction that is managed by or on behalf of a government department or agency of that other jurisdiction unless —
(a)if that other jurisdiction is South Australia — the Chief Psychiatrist as defined in the Mental Health Act 2009 (South Australia) section 3(1); or
(b)if that other jurisdiction is the Northern Territory — the CEO as defined in the Mental Health and Related Services Act 1998 (Northern Territory) section 4,
consents to the accused residing at that place.
[Regulation 44 amended: Gazette 9 Mar 2018 p. 805; SL 2020/164 r. 8.]
(1)In section 45(1) after “a person” insert:
in a participating jurisdiction
(2)In section 45(3) delete “any person or a department of the Public Service or any statutory authority” and insert:
any person in, or government department or agency or statutory authority of, a participating jurisdiction
(1)In section 49(4):
(a)after “concerned” insert:
(whether the person concerned is in the State or another participating jurisdiction)
(b)delete “warrant.” and insert:
warrant (which may be in another participating jurisdiction).
(2)In section 49(5):
(a)in paragraph (a) after “vessel” insert:
in a participating jurisdiction
(b)in paragraph (b) after “place” insert:
in a participating jurisdiction
Division 10 — Criminal Procedure Act 2004 modifications
This Division prescribes modifications to the Criminal Procedure Act 2004.
(1)In section 77(1)(a) delete “charge or sentencing proceedings;” and insert:
charge;
(2)Delete section 77(2) and insert:
(2) 1MIf the accused’s appearance will be his or her first in relation to the charge, the person in charge of the accused must ensure the accused is brought before the court —
(a)in person; or
(b)despite any warrant that requires the accused to be brought before the court, by means of a video link or audio link unless the court has ordered that the accused be brought before the court in person.
In section 135(2) delete “the State” and insert:
a participating jurisdiction
Delete section 172(3)(a) and insert:
(a) 1Mon a prosecutor’s behalf in a cross‑border proceeding of a prescribed court of the State, if the prosecutor is the State or a police officer of the State acting in the course of duty, by —
(i)a police officer of the State acting in the course of duty; or
(ii)a police officer of another participating jurisdiction acting in the course of duty, but only if the person who is the subject of the proceeding has a connection with a cross‑border region that is partly in that other jurisdiction,
despite the Legal Profession Act 2008;
Division 11 — Evidence Act 1906 modifications
This Division prescribes modifications to the Evidence Act 1906.
(1)Delete section 121(3) and insert:
(3) 1MIf the proceeding is a cross‑border proceeding of a prescribed court of the State, for the purposes of taking evidence or receiving a submission by video link or audio link from a place in a participating jurisdiction (as defined in the Cross‑border Justice Act 2008 section 7(1)) in accordance with such a direction, the place shall be taken to be part of the court.
(2)In section 121(4) delete “For” and insert:
If subsection (3) does not apply, for
Division 12 — Fines, Penalties and Infringement Notices Enforcement Act 1994 modifications
This Division prescribes modifications to the Fines, Penalties and Infringement Notices Enforcement Act 1994.
Delete section 50(1)(c) and “and” after it and insert:
(c) 1Mmust not leave the State except —
(i)to go to another participating jurisdiction, but only if the offender has a connection with a cross‑border region that is partly in that other jurisdiction; or
(ii)with the prior written permission of the supervisor of a community corrections centre;
and
Before section 53(3) insert:
(1) 1MA warrant of commitment issued under section 52S(4) cannot commit an offender to prison in another participating jurisdiction.
[Regulation 55 inserted: SL 2020/164 r. 4.]
Division 13 — Magistrates Court Act 2004 modifications
This Division prescribes modifications to the Magistrates Court Act 2004.
After section 6(3) insert:
(4A) 1MSubsection (3) does not require a magistrate appointed under Schedule 1 clause 10(2) to obtain the Governor’s approval to hold another public or judicial office or to perform another public function.
58.Schedule 1 clause 10 inserted
After Schedule 1 clause 9 insert:
10. 1MCross‑border magistrates
(1)In this clause —
cross‑border magistrate 1M means a magistrate appointed under subclause (2);
magistrate 1M, of another participating jurisdiction, does not include a person who holds the office of magistrate of that other jurisdiction as a secondary office holder.
(2)If the Governor is of the opinion that it is necessary to do so to facilitate the administration of justice in a cross‑border region, the Governor may appoint a magistrate of another participating jurisdiction (or, in the case of the Northern Territory, a judge of the Local Court) to be a magistrate.
(3)The instrument of appointment must specify —
(a)the period of the appointment; and
(b)any conditions on which the appointee holds office.
(4)The Governor may vary any matter specified in the instrument of appointment other than the period of appointment.
(5)The conditions of service (including remuneration as defined in clause 5(1)) of a cross‑border magistrate are those that the cross‑border magistrate is entitled to under the law of that other jurisdiction.
(6)A cross‑border magistrate has the same functions, protection and immunity as a magistrate.
(7)Section 6 and clauses 4 and 12 to 16 apply (with the necessary modifications) in relation to a cross‑border magistrate.
(8)For the purpose of clause 4, a cross‑border magistrate who is a magistrate of another participating jurisdiction may take the oath or affirmation of office in that other participating jurisdiction before a judge of the Supreme Court of that other jurisdiction.
(9)A person who is a magistrate of another participating jurisdiction appointed as a cross‑border magistrate ceases to be a cross‑border magistrate if the person ceases to be a magistrate of that other jurisdiction.
(10)If, at the end of the period of a cross‑border magistrate’s appointment, a case is pending before the magistrate —
(a)the cross‑border magistrate must finish dealing with the case; and
(b)for that purpose, the appointment is taken to be extended until the cross‑border magistrate has done so.
(11)A reference in an enactment other than this Schedule to a magistrate includes a reference to a cross‑border magistrate unless the contrary intention appears.
[Regulation 58 amended: Gazette 9 Mar 2018 p. 805.]
Division 14 — Police Act 1892 modifications
This Division prescribes modifications to the Police Act 1892.
In section 36(4)(c) delete “the State” and insert:
a participating jurisdiction
In section 38C(4)(c) delete “the State” and insert:
a participating jurisdiction
Division 15 — Prisoners (Interstate Transfer) Act 1983 modifications
This Division prescribes modifications to the Prisoners (Interstate Transfer) Act 1983.
At the end of Part I insert:
5A. 1MRelationship with cross‑border laws
This Act does not apply in relation to the transfer from Western Australia to another participating jurisdiction of a person who —
(a)is serving a sentence of imprisonment in Western Australia under a warrant of commitment issued under —
(i)the Cross‑border Justice Act 2008; or
(ii)the Cross‑border Justice Act 2009 (South Australia); or
(iii)the Cross‑border Justice Act 2009 (Northern Territory);
and
(b)has a connection with a cross‑border region that is partly in that other jurisdiction.
[Regulation 63 amended: SL 2020/164 r. 8.]
At the beginning of Part II insert:
5B. 1MApplication of this Part to State prisoners imprisoned in another participating jurisdiction
This Part applies in relation to a person who is serving in another participating jurisdiction a State sentence of imprisonment under a warrant of commitment issued under the Cross‑border Justice Act 2008 as if the person were a State prisoner serving a sentence of imprisonment in Western Australia.
After section 6 insert:
7A. 1MEffect of orders under this Part on persons imprisoned under law of another participating jurisdiction
(1)Subsection (3) applies in relation to a person who is serving in Western Australia —
(a)a State sentence of imprisonment; and
(b)a sentence of imprisonment under a warrant of commitment issued under —
(i)the Cross‑border Justice Act 2009 (South Australia); or
(ii)the Cross‑border Justice Act 2009 (Northern Territory).
(2)Subsection (3) applies in relation to a person who is serving in another participating jurisdiction —
(a)a State sentence of imprisonment under a warrant of commitment issued under the Cross‑border Justice Act 2008; and
(b)a sentence of imprisonment under the law of another participating jurisdiction.
(3)An order of transfer issued under this Part (a State order 1M) in relation to a person referred to in subsection (1) or (2) has no effect —
(a)to the extent that, but for this subsection, it authorises or requires the doing of an act or thing under this Act in relation to the person in the person’s capacity as a person on whom a sentence of imprisonment under the law of the jurisdiction referred to in subsection (1)(b) or (2)(b) has been imposed; and
(b)unless and until an order of transfer corresponding to the State order is in force under the interstate law of that jurisdiction.
[Regulation 65 amended: SL 2020/164 r. 8.]
Division 16 — Prisons Act 1981 modifications
This Division prescribes modifications to the Prisons Act 1981.
In section 3(1) in the definition of prisoner after “Mercy” insert:
and includes a person who is in prison under a custodial order of a participating jurisdiction,
(1)In section 33:
(a)delete “Upon” and insert:
(1) 1MSubject to subsection (2), upon
(b)delete “the State” (each occurrence) and insert:
a participating jurisdiction
(2)At the end of section 33 insert:
(2) 1MSubsection (1) applies in relation to the return of a prisoner to another participating jurisdiction only if —
(a)immediately before the prisoner’s release from prison, the prisoner was serving a sentence of imprisonment under a warrant of commitment issued under —
(i)the Cross‑border Justice Act 2008; or
(ii)the Cross‑border Justice Act 2009 (South Australia); or
(iii)the Cross‑border Justice Act 2009 (Northern Territory);
and
(b)the prisoner has a connection with a cross‑border region that is partly in that other jurisdiction.
[Regulation 68 amended: SL 2020/164 r. 8.]
In section 64 delete “the State” and insert:
a participating jurisdiction
In section 69(k) delete “an order made under section 85” and insert:
a bring up order of a participating jurisdiction
In section 85(3) delete “an order has been made under this section.” and insert:
a bring up order of a participating jurisdiction has been made.
In section 86(2):
(a)delete “an order has been made under section 85” and insert:
a bring up order of a participating jurisdiction has been made
(b)in paragraph (a) delete “an officer; or” and insert:
an authorised officer; or
Division 17 — Prisons Regulations 1982 modifications
This Division prescribes modifications to the Prisons Regulations 1982.
In regulation 54W:
(a)in paragraph (a) delete “a prison officer or officer” and insert:
an authorised officer
(b)in paragraph (b)(i) delete “a prison officer, officer or police officer; and” and insert:
an authorised officer; and
(c)in paragraph (b)(ii) after “matter” insert:
under the law of the State
(d)delete paragraph (c)(i) and “and” after it and insert:
(i) 1Mbe taken to and confined in a prison in a participating jurisdiction or be kept at a place in a participating jurisdiction in the charge of an authorised officer; and
Division 18 — Restraining Orders Act 1997 modifications
This Division prescribes modifications to the Restraining Orders Act 1997.
In section 62E(1) after “place” insert:
in a participating jurisdiction
(1)In section 62F(1)(c) after “place” (1st and 2nd occurrences) insert:
(which may be in another participating jurisdiction)
(2)In section 62F(2)(a) after “place” (1st and 2nd occurrences) insert:
(which may be in another participating jurisdiction)
[Regulation 77 inserted: Gazette 27 Jun 2017 p. 3434.]
After section 72 insert:
72AA. 1MNotification of restraining orders made in cross‑border proceedings
(1)This section applies in relation to a restraining order made by a prescribed court of the State if —
(a)the order is made or varied in a cross‑border proceeding for the purposes of which the person who is bound by the order has a connection with a cross‑border region; and
(b)the person for whose benefit the order is made indicates at the time the order is made or varied that the person wants the order as made or varied to be registered in another participating jurisdiction; and
(c)the region is partly in that other jurisdiction.
(2)A registrar of the court must cause a copy of the order as made or varied to be delivered to —
(a)if that other jurisdiction is South Australia — the Principal Registrar of the Magistrates Court of South Australia; and
(b)if that other jurisdiction is the Northern Territory — the Principal Registrar of the Local Court of the Northern Territory.
[Regulation 78 amended: Gazette 27 Jun 2017 p. 3434; 9 Mar 2018 p. 806.]
(1)In section 75(2) after “registration” insert:
made under subsection (1) or (1a)
(2)After section 75(2) insert:
(3A) 1MIf a registrar of the Magistrates Court receives from a registrar of a prescribed court of another participating jurisdiction a copy of an interstate order as made or varied in a cross‑border proceeding of that court, the registrar of the prescribed court is taken to have made an application for registration of the order on behalf of the person for whose benefit the order is made unless the order as made or previously varied is already registered under this Part.
Delete section 76(1)(b)(ii) and “and” after it and insert:
(ii) 1Mthe person who applied for registration, unless that person is a registrar of the court in which the interstate order is made; and
After section 78(1) insert:
(2A) 1MFor the purposes of subsection (1), the registrar is taken to have received notice of the variation of a registered order that is varied in a cross‑border proceeding of a prescribed court of another participating jurisdiction if the registrar receives from a registrar of the prescribed court a copy of the order as varied.
At the end of Part 7 insert:
79AA. 1MEnforcement of unregistered interstate orders
(1)In this section —
unregistered interstate order 1M means an interstate order that is not registered under this Part.
(2)This section applies if a police officer reasonably believes —
(a)that a person in the State is a person against whom an unregistered interstate order made by a court of another participating jurisdiction is in force in that other jurisdiction; and
(b)that the person against whom, or for whose benefit, that unregistered interstate order is made ordinarily resides in a cross‑border region that is partly in that other jurisdiction.
(3)The police officer must as soon as practicable after forming that belief —
(a)make a declaration in writing stating the belief and setting out the grounds for the belief; and
(b)give the declaration to the Commissioner of Police.
(4)The declaration is in force for 72 hours after it is made.
(5)While the declaration is in force, the police officer may exercise powers in relation to the person against whom the unregistered interstate order is made as if the order were a family violence restraining order or violence restraining order.
(6)In relation to the exercise of powers under subsection (5), Part 6 Division 3 has effect for all purposes in respect of any breach of the unregistered interstate order as if the order were a family violence restraining order or violence restraining order.
[Regulation 82 amended: Gazette 27 Jun 2017 p. 3434.]
Division 19 — Road Traffic Act 1974 modifications
This Division prescribes modifications to the Road Traffic Act 1974.
[84.Deleted: Gazette 10 Feb 2015 p. 601.]
In section 49A(5) in the definition of necessity permit after “place” insert:
in a participating jurisdiction
[86.Deleted: Gazette 10 Feb 2015 p. 601.]
(1)Before section 56(1) insert:
(1A) 1MThis section applies in relation to an incident that occurs in a part of the State that is in a cross‑border region.
(2)In section 56(1) and (4) delete “a police station.” and insert:
a police station in a participating jurisdiction.
(1)In section 65 delete the definitions of:
dentist
medical practitioner
nurse practitioner
registered nurse
(2)In section 65 insert in alphabetical order:
dentist 1M —
(a)means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the dental profession whose name is entered on the Dentists Division of the Register of Dental Practitioners kept under that Law; and
(b)except in sections 63(7)(a)(i) and (ii) and 64AB(8)(a)(i) and (ii), includes a person registered under the Health Practitioner Regulation National Law (South Australia) or the Health Practitioner Regulation National Law (NT) in the dental profession whose name is entered on the Dentists Division of the Register of Dental Practitioners kept under that Law;
medical practitioner 1M —
(a)means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession; and
(b)except in sections 63(7)(a)(i) and (ii) and 64AB(8)(a)(i) and (ii), includes a person registered under the Health Practitioner Regulation National Law (South Australia) or the Health Practitioner Regulation National Law (NT) in the medical profession;
nurse practitioner 1M —
(a)means a person registered under the Health Practitioner Regulation National Law (Western Australia) whose name is entered on the Register of Nurses kept under that Law as being qualified to practise as a nurse practitioner; and
(b)except in sections 63(7)(a)(i) and (ii) and 64AB(8)(a)(i) and (ii), includes a person registered under the Health Practitioner Regulation National Law (South Australia) or the Health Practitioner Regulation National Law (NT) whose name is entered on the Register of Nurses kept under that Law as being qualified to practise as a nurse practitioner;
registered nurse 1M means a person registered under the Health Practitioner Regulation National Law (Western Australia), the Health Practitioner Regulation National Law (South Australia) or the Health Practitioner Regulation National Law (NT) in the nursing and midwifery profession whose name is entered on the Register of Nurses kept under that Law;
[Regulation 88 inserted: Gazette 9 Mar 2018 p. 806‑7.]
(1)In section 66(2) delete “a police station or some other place, and may require that person to wait at any such police station or place.” and insert:
a police station or other place in a participating jurisdiction, and may require that person to wait at the police station or place.
(2)In section 66(9), (11) and (13) delete “a place,” and insert:
a place in a participating jurisdiction,
In section 66B(1) and (6) delete “a place,” and insert:
a place in a participating jurisdiction,
In section 66D(1) delete “a place,” and insert:
a place in a participating jurisdiction,
In section 66E(1) and (6) delete “a place,” and insert:
a place in a participating jurisdiction,
In section 78A delete the definition of senior police officer and insert:
senior police officer 1M means —
(a)a police officer who is, or is acting as, an inspector or an officer of a rank more senior than an inspector; or
(b)a police officer of another participating jurisdiction who —
(i)is, or is acting as, an inspector or an officer of a rank more senior than an inspector; and
(ii)holds a secondary office as a police officer of the State;
[Regulation 93 inserted: Gazette 10 Feb 2015 p. 602.]
(1)In section 78C(1)(a) and (b) and (2)(a) and (b) after “the place” insert:
(which may be in another participating jurisdiction)
(2)In section 78C(4):
(a)after “any premises” insert:
in a participating jurisdiction
(b)in paragraph (b) after “place” insert:
(which may be in another participating jurisdiction)
In section 80F after “the place” insert:
(which may be in another participating jurisdiction)
[96-100.Deleted: Gazette 10 Feb 2015 p. 602.]
Division 20A — Road Traffic (Administration) Act 2008 modifications
[Heading inserted: Gazette 10 Feb 2015 p. 603.]
This Division prescribes modifications to the Road Traffic (Administration) Act 2008.
[Regulation 96 inserted: Gazette 10 Feb 2015 p. 603.]
After section 33(3) insert:
(4) 1MFor the purposes of subsection (3), if at the time the direction is given —
(a)the vehicle is in a part of the State that is in a cross‑border region; or
(b)the driver ordinarily resides in a part of the State that is in a cross‑border region,
the driver’s licence document or learner’s permit may be produced to the officer in charge of any police station in a participating jurisdiction.
[Regulation 97 inserted: Gazette 10 Feb 2015 p. 603.]
After section 47(6) insert:
(7A) 1MFor the purposes of subsections (5) and (6), if —
(a)the vehicle is removed from land in a part of the State that is in a cross‑border region; and
(b)the police station nearest to the land is in another participating jurisdiction,
that police station is the police station —
(c)to which the vehicle may be moved under subsection (5); and
(d)at which particulars must be given under subsection (6).
[Regulation 98 inserted: Gazette 10 Feb 2015 p. 603‑4.]
(1)In section 48 delete “A” and insert:
(1) 1MA
(2)At the end of section 48 insert:
(2) 1MFor the purposes of subsection (1), if the person connected with the vehicle has a connection with a cross‑border region, the vehicle may be driven or conveyed to any police station or other place in a participating jurisdiction.
(3) 1MThe person connected with the vehicle is the person who —
(a)is suspected of having committed; or
(b)is alleged to have committed; or
(c)has been found guilty of,
an offence under the law of the State because of which the vehicle may be put into safe custody.
[Regulation 99 inserted: Gazette 10 Feb 2015 p. 604.]
(1)In section 96 delete “A” and insert:
(1) 1MA
(2)At the end of section 96 insert:
(2) 1MFor the purposes of subsection (1), if the statutory declaration is made by a person who ordinarily resides in a cross‑border region, it may be delivered to a police station in a participating jurisdiction.
[Regulation 100 inserted: Gazette 10 Feb 2015 p. 605; amended: SL 2020/164 r. 5.]
(1)In section 103 delete “A” and insert:
(1) 1MA
(2)At the end of section 103 insert:
(2) 1MFor the purposes of subsection (1), if the statutory declaration is made by a person who ordinarily resides in a cross‑border region, it may be delivered to a police station in a participating jurisdiction.
[Regulation 101A inserted: Gazette 10 Feb 2015 p. 605.]
After section 131(3) insert:
(4A) 1MFor the purposes of subsection (3), if —
(a)the bridge or culvert is in a part of the State that is in a cross‑border region; and
(b)the nearest police station is in another participating jurisdiction,
the damage or injury must be reported to the officer in charge of that police station.
[Regulation 101B inserted: Gazette 10 Feb 2015 p. 606.]
Division 20B — Road Traffic (Vehicles) Act 2012 modifications
[Heading inserted: Gazette 10 Feb 2015 p. 606.]
This Division prescribes modifications to the Road Traffic (Vehicles) Act 2012.
[Regulation 101C inserted: Gazette 10 Feb 2015 p. 606.]
In section 13(1)(a) after “place” (each occurrence) insert:
in a participating jurisdiction
[Regulation 101D inserted: Gazette 10 Feb 2015 p. 606.]
Division 20 — Sentence Administration Act 2003 modifications
This Division prescribes modifications to the Sentence Administration Act 2003.
In section 4(2) delete the definition of community corrections officer and insert:
community corrections officer 1M means —
(a)a person appointed as a community corrections officer under section 98, including as an honorary CCO; or
(b)a person who holds office as a community corrections officer under section 98AA;
Delete section 30(f) and insert:
(f) 1Ma requirement that the prisoner must not leave Western Australia except —
(i)to go to another participating jurisdiction, but only if the prisoner has a connection with a cross‑border region that is partly in that other jurisdiction; or
(ii)with and in accordance with the written permission of the CEO;
Delete section 55(c) and insert:
(c) 1Mmust not leave the State except to go to another participating jurisdiction, but only if the prisoner has a connection with a cross‑border region that is partly in that other jurisdiction;
In section 70(1) and (2) after “custody” insert:
in a participating jurisdiction
In section 84(1) after “any place” insert:
in a participating jurisdiction
After section 98 insert:
98AA. 1MEx officio community corrections officers
(1)In subsection (2) —
community corrections officer 1M, of another participating jurisdiction, means —
(a)if the jurisdiction is South Australia — a community corrections officer as defined in the Correctional Services Act 1982 (South Australia) section 4(1); or
(b)if the jurisdiction is the Northern Territory — a probation and parole officer as defined in the Correctional Services Act 2014 (Northern Territory).
(2)A community corrections officer of another participating jurisdiction holds office as a community corrections officer for the purposes of this Act, the Sentencing Act 1995 and the Bail Act 1982.
[Regulation 107 amended: Gazette 9 Mar 2018 p. 807; SL 2020/164 r. 8.]
Division 21 — Sentencing Act 1995 modifications
This Division prescribes modifications to the Sentencing Act 1995.
In section 14A(1) delete “this State.” and insert:
a participating jurisdiction.
Delete section 33D(c) and “and” after it and insert:
(c) 1Mmust not leave Western Australia except —
(i)to go to another participating jurisdiction, but only if the offender has a connection with a cross‑border region that is partly in that other jurisdiction; or
(ii)with, and in accordance with, the permission of a speciality court or the CEO (corrections);
and
Delete section 63(c) and “and” after it and insert:
(c) 1Mmust not leave Western Australia except —
(i)to go to another participating jurisdiction, but only if the offender has a connection with a cross‑border region that is partly in that other jurisdiction; or
(ii)with, and in accordance with, the permission of the CEO (corrections);
and
At the end of Part 9 insert:
68A. 1MHours of work under non‑custodial orders made in cross‑border proceedings
(1)This section applies if an offender —
(a)is convicted of one or more offences in a cross‑border proceeding of a prescribed court of the State; and
(b)the court makes a non‑custodial order for one or more of those offences under which the offender is required to do work.
(2)If, at the time of conviction, the offender is doing or yet to do work under one or more non‑custodial orders of another participating jurisdiction (the interstate orders 1M), the hours of work done under the interstate orders count as hours of work done under each of the non‑custodial orders referred to in subsection (1)(b) (the State orders 1M) unless the court specifies differently under subsection (3).
(3)The court may specify the number of hours of work to be done under one or more of the State orders that are additional to any hours the offender has to do under the interstate orders.
(4)For the purposes of subsection (3), an offender cannot do the additional hours of work under a State order until the offender has done the hours of work under the interstate orders or the interstate orders have ceased to be in force, whichever is earlier.
(5)To avoid doubt, section 67(5) applies in relation to work done under non‑custodial orders of the State and does not apply in relation to work done under non‑custodial orders of another participating jurisdiction.
Delete section 70(c) and “and” after it and insert:
(c) 1Mmust not leave Western Australia except —
(i)to go to another participating jurisdiction, but only if the offender has a connection with a cross‑border region that is partly in that other jurisdiction; or
(ii)with, and in accordance with, the permission of the CEO (corrections);
and
After section 74 insert:
75A. 1MHours of work under non‑custodial orders made in cross‑border proceedings
(1)This section applies if an offender —
(a)is convicted of one or more offences in a cross‑border proceeding of a prescribed court of the State; and
(b)the court makes a non‑custodial order for one or more of those offences under which the offender is required to do work.
(2)If, at the time of conviction, the offender is doing or yet to do work under one or more non‑custodial orders of another participating jurisdiction (the interstate orders 1M), the hours of work done under the interstate orders count as hours of work done under each of the non‑custodial orders referred to in subsection (1)(b) (the State orders 1M) unless the court specifies differently under subsection (3).
(3)The court may specify the number of hours of work to be done under one or more of the State orders that are additional to any hours the offender has to do under the interstate orders.
(4)For the purposes of subsection (3), an offender cannot do the additional hours of work under a State order until the offender has done the hours of work under the interstate orders or the interstate orders have ceased to be in force, whichever is earlier.
(5)To avoid doubt, section 74(5) applies in relation to work done under non‑custodial orders of the State and does not apply in relation to work done under non‑custodial orders of another participating jurisdiction.
Delete section 83(1)(c) and “and” after it and insert:
(c) 1Mmust not leave Western Australia except —
(i)to go to another participating jurisdiction, but only if the offender has a connection with a cross‑border region that is partly in that other jurisdiction; or
(ii)with, and in accordance with, the permission of a speciality court or the CEO (corrections);
and
After section 88 insert:
89A. 1MCommencement of sentences imposed in cross‑border proceedings
(1)This section applies if an offender —
(a)is convicted of one or more offences in a cross‑border proceeding of a prescribed court of the State; and
(b)is sentenced to imprisonment for one or more of those offences.
(2)If, at the time of conviction, the offender is serving or yet to serve one or more sentences of imprisonment under the law of another participating jurisdiction (the interstate sentences 1M), each of the sentences referred to in subsection (1)(b) (the State sentences 1M) is to be served concurrently with the interstate sentences unless the court specifies differently under subsection (3).
(3)The court may specify when one or more of the State sentences commences.
(4)For the purposes of subsection (3) —
(a)none of the State sentences can commence later than the end of the last interstate sentence to end; and
(b)if a non‑parole period applies in respect of any of the interstate sentences — the first State sentence to commence after the end of the non‑parole period must commence immediately after the end of that period.
Division 22 — Young Offenders Act 1994 modifications
This Division prescribes modifications to the Young Offenders Act 1994.
(1)In section 3 delete the definitions of:
Aboriginal community
detainee
(2)In section 3 insert in alphabetical order:
Aboriginal community 1M —
(a)has the meaning given in the Aboriginal Communities Act 1979 section 3; and
(b)includes an Aboriginal community as defined in the Aboriginal Lands Trust Act 1966 9 (South Australia) section 21(9); and
(c)includes an Aboriginal community in —
(i)an area covered by paragraph (a) of the definition of Aboriginal land in the Aboriginal Land Rights (Northern Territory) Act 1976 (Commonwealth) section 3(1); or
(ii)land granted to an association under the Lands Acquisition Act 1978 (Northern Territory) section 46(1A), including that land as held by a successor to an association;
detainee 1M —
(a)means a person who is detained in a detention centre; and
(b)includes a person who is in custody in a detention centre under a custodial order of a participating jurisdiction;
juvenile justice officer 1M means —
(a)an officer of the Department whose duties include the supervision of offenders in the community under this Act; or
(b)a person who holds office as a juvenile justice officer under section 11AA;
[Regulation 118 amended: SL 2020/164 r. 8.]
In section 10 delete “Department,” and insert:
Department or a person who holds office under section 11AA,
After section 11 insert:
11AA. 1MEx officio juvenile justice officers
The following persons hold office as juvenile justice officers for the purposes of this Act —
(a)public sector employees of South Australia whose duties include the supervision of offenders in the community under the Young Offenders Act 1993 (South Australia);
(b)public sector employees of the Northern Territory whose duties include the supervision of offenders in the community under the Youth Justice Act 2005 (Northern Territory).
[Regulation 120 amended: SL 2020/164 r. 8.]
In section 11A delete “section 11 — ” and insert:
section 11 and every person who holds office under section 11AA —
In section 17A delete the definition of the council and insert:
the council 1M, of an Aboriginal community —
(a)means the council of management or other governing body of the community; and
(b)if the community is in the Northern Territory, includes the council for the local government area under the Local Government Act 2008 (Northern Territory) in which the community is located.
[Regulation 122 amended: SL 2020/164 r. 8.]
(1)In section 36(1) delete “an officer of the Department” and insert:
a juvenile justice officer
(2)After section 36(2) insert:
(3) 1MThe chief executive may appoint any other person in a participating jurisdiction to be a Juvenile Justice Team Coordinator on a paid or honorary basis, and may revoke any such appointment.
In section 48(3) after “Department” insert:
or a person who holds office under section 11AA
In section 65A(4) delete “The chief executive officer or another officer of the Department” and insert:
The chief executive officer, another officer of the Department or a person who holds office under section 11AA
In section 65C(4) after “imprisonment” insert:
under the law of a participating jurisdiction
In section 77:
(a)delete “an officer of the Department” and insert:
a juvenile justice officer
(b)delete “another officer of the Department” and insert:
another juvenile justice officer
In section 92 delete “an officer of the Department,” and insert:
a juvenile justice officer,
Note:The heading to modified section 92 is to read:
Offender to attend before juvenile justice officer
In section 108:
(a)delete “an officer of the Department” and insert:
a juvenile justice officer
(b)delete “another officer of the Department” and insert:
another juvenile justice officer
In section 136(a) delete “an officer of the Department;” and insert:
a juvenile justice officer;
In section 139:
(a)delete “an officer of the Department” and insert:
a juvenile justice officer
(b)delete “another officer of the Department” and insert:
another juvenile justice officer
After section 161(1) insert:
(2A) 1MIf the matter involves a person who has a connection with a cross‑border region, that person or a responsible adult may attend before the Board by video link if the person or responsible adult is in —
(a)a part of the State that is in the region; or
(b)another participating jurisdiction in which part of the region is included.
(1)Before section 178(1) insert:
(1A) 1MIn this section —
prisons laws 1M, of a participating jurisdiction, means —
(a)if the jurisdiction is the State — the Prisons Act 1981; or
(b)if the jurisdiction is South Australia — the Correctional Services Act 1982 (South Australia); or
(c)if the jurisdiction is the Northern Territory — the Correctional Services Act 2014 (Northern Territory).
(1B) 1MThis section applies in relation to an offender in a detention centre in a participating jurisdiction who has a connection with a cross‑border region.
(2)In section 178(1) after “centre” and insert:
in a participating jurisdiction
(3)In section 178(3) delete “under the Prisons Act 1981” and insert:
in a participating jurisdiction
(4)After section 178(4) insert:
(5A) 1MA direction under subsection (3) that the offender be transferred to a prison in another participating jurisdiction can only be made if the offender has a connection with a cross‑border region that is partly in that other jurisdiction.
(5)In section 178(5) delete paragraph (a) and “and” after it and insert:
(a) 1Mwhile the offender is in a prison in a participating jurisdiction, the prisons laws of the jurisdiction apply to and in respect of the offender; and
[Regulation 133 amended: Gazette 9 Mar 2018 p. 807; SL 2020/164 r. 8.]
(1)In section 194 delete “A person” and insert:
(1) 1MA person
(2)At the end of section 194 insert:
(2) 1MA person, not being an office holder under section 11AA, who takes the name, designation, or description of such an office holder or otherwise pretends to be such an office holder commits an offence.
Part 4 — Miscellaneous matters
For the definition of authorised officer in section 7(1) of the Act, an office holder of a participating jurisdiction is an authorised officer for the purpose of carrying out a custodial order if the office holder is authorised under the law of the jurisdiction to carry out in that jurisdiction an order or other authority made or otherwise given under that law that is to the same or similar effect as the custodial order.
136.Custodial orders: recommendation about place of custody
A judicial officer or registrar who issues —
(a)a warrant of commitment under section 99 of the Act; or
(b)a remand warrant under section 101 of the Act,
may note on the warrant any recommendation about the place at which the person who is the subject of the warrant should be kept in custody under the warrant.
137.Reduction of fine when work or activity performed or period of custody served
For section 130(2)(c)(iii) of the Act, the amount by which a fine is reduced must be calculated as follows —
(aa)if the fine is reduced because an offender has satisfactorily undertaken all or some of the activity stated in a work and development permit issued under the Fines Enforcement Act section 46D — in accordance with the Fines Enforcement Act section 46G and the Fines, Penalties and Infringement Notices Enforcement Regulations 1994 regulation 6AE;
(a)if the fine is reduced because an offender has satisfactorily performed all or some of the required hours of a work and development order made under the Fines Enforcement Act section 48 — in accordance with the Fines Enforcement Act section 51 and the Fines, Penalties and Infringement Notices Enforcement Regulations 1994 regulation 6B;
(b)if the fine is reduced because of the issue or operation of a fine expiation order issued under the Fines Enforcement Act section 52F — in accordance with the Fines Enforcement Act sections 52H and 52I and the Fines, Penalties and Infringement Notices Enforcement Regulations 1994 regulation 6BAAA.
[Regulation 137 inserted: SL 2020/164 r. 6; amended: SL 2020/164 r. 7.]
