Cross-border Justice Act 2009 (SA)

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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

1Short title

3Act binds Crown

Division 2—Object of Act

4Act gives effect to cooperative schemes

5Object of Act and how it is to be achieved

6How this Act is to be construed

Division 3—Interpretation

7Interpretation

8Meaning of cross‑border laws

9Persons who exercise powers are office holders

10References to office holders

11References to written laws of another participating jurisdiction

12Use of notes and examples

Division 4—Modifications of other laws of State

13Appropriate modifications

14Effect of modifications

Division 5—Relationship between State's cross‑border laws and other laws

15Law of another participating jurisdiction: office holders, prescribed courts, persons serving sentences

16Law of another participating jurisdiction: other persons required to do things

17Service and Execution of Process Act 1992 of the Commonwealth

Division 6—Application

18Offences, orders and requirements in relation to which State's cross‑border laws apply

Part 2—Cross‑border regions

Division 1—Prescribing cross‑border regions

19Cross‑border regions to be prescribed

Division 2—Connection with a cross‑border region

20Persons suspected of, alleged to have committed or found guilty of offences

21Persons against whom orders of prescribed courts are in force

22Connection for purposes of making restraining orders

23Persons serving sentences or carrying out orders in respect of offences or alleged offences

24Other persons required to do things

25Connections are not mutually exclusive

Division 3—Proving connection with a cross‑border region

26Meaning of proceeding

27Onus of proving person's whereabouts at time of arrest

28Onus of proving person's residency during cross‑border proceeding

Division 4—Multiple cross‑border regions

29Application of this Division

30Office holders, prescribed courts, persons serving sentences

31Other persons required to do things

Part 3—Police officers of State exercising powers in another participating jurisdiction

Division 1—Powers generally

32Arrest without warrant

33Arrest under warrant

34Person taken into custody

35Investigation of suspected or alleged offence or breach of order

36Return of person not charged to place of arrest or other place

37Relationship of this Part with Criminal Investigation (Extraterritorial Offences) Act 1984

Division 2—Road traffic powers

Subdivision 1—Vehicle or driver licensing laws

38Powers in relation to offences

39Other powers

Subdivision 2—Drink or drug‑driving laws

40Interpretation

41Conduct of preliminary alcohol or drug test in cross‑border region

42Powers that may be exercised in another participating jurisdiction

43Providing or taking sample in another participating jurisdiction

44Preliminary alcohol or drug test cannot be conducted in another participating jurisdiction

Subdivision 3—Vehicle impounding laws

45Powers

Subdivision 4—Miscellaneous matters

46Law of State applies

47Relationship with Division 1

Division 2A—Restraining orders laws

47AMeaning of SA police order

47BMaking of SA police orders

47CEnforcement of SA police orders

Division 3—Offence

48Offence to interfere with exercise of power

Part 4—Police officers of another participating jurisdiction exercising powers in State

Division 1—Powers generally

49Arrest without warrant

50Arrest under warrant

51Person taken into custody

52Investigation of suspected or alleged offence or breach of order

Division 2—Road traffic powers

Subdivision 1—Vehicle or driver licensing laws

53Powers in relation to offences

54Other powers

Subdivision 2—Drink or drug‑driving laws

55Powers that may be exercised in State

56Preliminary alcohol or drug test cannot be conducted in State

Subdivision 3—Vehicle impounding laws

57Interpretation

58Powers

Subdivision 4—Miscellaneous matters

59Law of State does not apply

60Relationship with Division 1

Division 3—Restraining orders laws—WA

61Meaning of WA police order

62Making WA police orders

63Enforcement of WA police orders

Division 4—Restraining orders laws—NT

64Meaning of NT police order

65Making NT police orders

66Enforcement of NT police orders

Part 5—Prescribed courts of State exercising cross‑border jurisdiction

Division 1—Preliminary matters

67Operation of courts outside State not limited

Division 2—Jurisdiction and powers of courts

68Proceedings that may be heard in another participating jurisdiction

69Exercise of jurisdiction and powers

70Practice and procedure

71Rules of evidence

72Offence to fail to comply with order, judgment, warrant or summons

Division 3—Miscellaneous matters relating to cross‑border proceedings

73Legal practitioners of another participating jurisdiction entitled to appear etc

74Court documents may be lodged, served or issued in another participating jurisdiction

75Court documents in wrong form do not invalidate proceedings or decisions

76Application of Sheriff's Act 1978

77Law of State applies

Division 4—Registration of interstate restraining orders

78Part 2 Division 2 and Division 4 do not apply

79Terms used in this Division

80Registration of WA restraining orders under SA law

81Registration 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

82Proceedings that may be heard in State

83Exercise of jurisdiction and powers

Division 2—Miscellaneous matters relating to cross‑border proceedings

84Saving provision

85Privileges, protection and immunity of participants in proceedings

86Court documents may be lodged, served or issued in State

87Application of Sheriff's Act 1978

88Law of State does not apply

Division 3—Registration of interstate restraining orders

89Part 2 Division 2 and Division 4 do not apply

90Registration of SA or NT restraining orders under WA law

91Registration of SA or WA restraining orders under NT law

Part 7—Bail of persons in custody under law of State

92Police officer of State may exercise powers in another participating jurisdiction

93Offence to fail to comply with bail agreement

Part 8—Bail of persons in custody under law of another participating jurisdiction

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

Part 9—Mentally impaired accused

95Terms used in this Part

96Persons committed to detention or custody under WA law

97Persons 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

98Serving sentence in State or another participating jurisdiction

99Warrant of commitment

Subdivision 2—Remand

100Remanded in custody in State or another participating jurisdiction

101Remand warrant

102Law of State applies

Subdivision 3—Bring up orders

103Bringing prisoner or detainee in another participating jurisdiction before judicial body of State

104Custody of person brought up from prison or detention centre in another participating jurisdiction

Subdivision 4—Miscellaneous matters

105Carrying out custodial orders

106Application of Sheriff's Act 1978

107Application of Correctional Services Act 1982

108Application of Young Offenders Act 1993

108AApplication of Youth Justice Administration Act 2016

Division 2—Non-custodial sentences and orders

109Carrying out non‑custodial orders in another participating jurisdiction

110Conducting 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

111Serving sentence of imprisonment or detention in State

112Remanded in custody in State

113Carrying out custodial orders

114Effect of bring up order if person in custody under law of State

115Application of Sheriff's Act 1978

116Application of Correctional Services Act 1982

117Application of Young Offenders Act 1993

117AApplication of Youth Justice Administration Act 2016

Division 2—Non-custodial sentences and orders

118Carrying out non‑custodial orders in State

119Conducting diversionary programs for young offenders in State

Part 12—Enforcement of fines

Division 1—Preliminary matters

120Terms used in this Part

Division 2—Fines under law of State

121Request to enforce fine in another participating jurisdiction

122Effect of making request

123Receipt of money by Fines Director

124Receipt of money from reciprocating agency

125Resumption of enforcement by Fines Director

Division 3—Fines under law of another participating jurisdiction

126Request to enforce fine in State

127Effect of registration

128Receipt of money by reciprocating agency

129Receipt of money by Fines Director

130Request to cease enforcement of fine

Part 13—Office holders of participating jurisdictions

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

131Secondary office holders and secondary offices

132Office holders of State may be secondary office holders of another participating jurisdiction

133Office holders of another participating jurisdiction may be secondary office holders of State

134Prohibition against holding or exercising powers of another office not breached

135Terms of appointment of secondary office holders under law of State

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

136Appointment as magistrates of Magistrates Court

137Appointment as magistrates of Youth Court

Part 14—Miscellaneous matters

138Reporting accidents, producing driver's licences etc at police stations etc

139Jurisdiction of Coroner

140Power of Minister to enter agreements

141Inconsistency between Act and agreement

142Protection of office holders of State taking action in another participating jurisdiction

143Protection of office holders of another participating jurisdiction taking action in State

144Disclosure of information to authorities in another participating jurisdiction

145Delegation by CEO (corrections)

146Regulations

147Review of Act

Legislative history

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

Division 1—Preliminary matters

1—Short title

This Act may be cited as the Cross-border Justice Act 2009.

3—Act binds Crown

This Act binds the Crown in right of this State and also, so far as the legislative power of the State extends, the Crown in all its other capacities.

Division 2—Object of Act

4—Act gives effect to cooperative schemes

This Act gives effect to 1 or more cooperative schemes between the State and 1 or both of the other participating jurisdictions for the purpose of facilitating the administration of justice in 1 or more cross‑border regions.

5—Object of Act and how it is to be achieved

(1)The object of this Act is to facilitate the administration of justice in the cross‑border regions.

(2)The object is to be achieved mainly by enabling the following things to be done:

(a)police officers, magistrates and other office holders of the State to exercise their powers under the law of the State in another participating jurisdiction;

(b)police officers, magistrates and other office holders of the State to hold offices and exercise powers under the law of another participating jurisdiction;

(c)police officers, magistrates and other office holders of another participating jurisdiction to exercise their powers under the law of that other jurisdiction in the State;

(d)police officers, magistrates and other office holders of another participating jurisdiction to hold offices and exercise powers under the law of the State;

(e)the courts of summary jurisdiction of the State to hear and determine proceedings, and to otherwise exercise their jurisdiction and powers under the law of the State, in another participating jurisdiction;

(f)the sentences, orders and other decisions made by those courts under the law of the State to be served, carried out or otherwise given effect to by persons in another participating jurisdiction;

(g)the courts of summary jurisdiction of another participating jurisdiction to hear and determine proceedings, and to otherwise exercise their jurisdiction and powers under the law of that other jurisdiction, in the State;

(h)the sentences, orders and other decisions made by those courts under the law of that other jurisdiction to be served, carried out or otherwise given effect to by persons in the State;

(i)any other persons who are required under the law of the State to do things to do those things in another participating jurisdiction;

(j)any other persons who are required under the law of another participating jurisdiction to do things to do those things in the State.

6—How this Act is to be construed

This Act is to be construed as enabling—

(a)office holders and courts of the State and other persons to exercise powers they have under the law of the State within the geographical area of another participating jurisdiction; and

(b)office holders and courts of another participating jurisdiction and other persons to exercise powers they have under the law of that other jurisdiction within the geographical area of the State.

Note for this Division—

A person who has a connection with a cross‑border region may be (but is not required to be) dealt with under the State’s cross‑border laws. In deciding whether or not to deal with the person under the State’s cross‑border laws, an office holder or prescribed court of the State will have regard to what best facilitates the administration of justice in the region. For example, if an offence is alleged to have been committed in the cross‑border region where the alleged offender and the witnesses to the alleged offence ordinarily reside, the administration of justice in that region is likely to be facilitated if the alleged offender is dealt with under the State’s cross‑border laws. The administration of justice is not likely to be facilitated in a cross‑border region if the alleged offender is arrested in the region but the offence is alleged to have been committed in, and the alleged offender and the witnesses to the alleged offence ordinarily reside in, Adelaide.

Division 3—Interpretation

7—Interpretation

(1)In this Act, unless the contrary intention appears—

another participating jurisdiction means—

(a)Western Australia; or

(b)the Northern Territory;

appropriate modifications—

(a)of a law of the State—has the meaning given in section 13; or

(b)of a law of another participating jurisdiction—means appropriate modifications of that law under that other jurisdiction’s cross‑border laws;

arrest includes to apprehend and to take into custody;

authorised officer, of a participating jurisdiction, means—

(a)a police officer of the jurisdiction; or

(b)an office holder of the jurisdiction who is prescribed by the regulations;

bring up order, of a participating jurisdiction, means—

(a)if the jurisdiction is the State—

(i)an order made under section 28 of the Correctional Services Act 1982; or

(ii)an order made under section 103; or

(iii)any other order made under the law of the State directing that a person who is in custody be brought before a judicial body as defined in section 103(1); or

(b)if the jurisdiction is another participating jurisdiction—a bring up order of that other jurisdiction under its cross‑border laws;

carry out, an order, includes to comply with the requirements of, and to perform the obligations under, the order;

CEO (corrections) means the Chief Executive Officer under the Correctional Services Act 1982;

community corrections officer, of a participating jurisdiction, means—

(a)if the jurisdiction is the State—a community corrections officer as defined by regulations made for the purposes of this definition; or

(b)if the jurisdiction is another participating jurisdiction—a community corrections officer of that other jurisdiction under its cross‑border laws;

Note—

The definition of community corrections officer is affected by section 10.

confiscation includes forfeiture;

connection with a cross‑border region has the meaning given in Part 2 Division 2;

court document, of a prescribed court of a participating jurisdiction, means a document that is lodged, served or issued in a cross‑border proceeding of the court;

cross‑border jurisdiction, of a prescribed court of a participating jurisdiction, means the court’s jurisdiction in relation to a cross‑border proceeding of the court;

cross‑border laws, of a participating jurisdiction, has the meaning given in section 8;

cross‑border proceeding, of a prescribed court of a participating jurisdiction, means—

(a)if the court is a prescribed court of the State—a proceeding of the court referred to in section 68(2) that may be heard and determined by that court in another participating jurisdiction under section 68(1); or

(b)if the court is a prescribed court of another participating jurisdiction—a cross‑border proceeding of that court under that other jurisdiction’s cross‑border laws;

cross‑border region has the meaning given in section 19;

custodial order, of a participating jurisdiction, means—

(a)if the jurisdiction is the State—

(i)a warrant of commitment issued under section 99; or

(ii)a remand warrant issued under section 101; or

(iii)a bring up order of the State; or

(b)if the jurisdiction is another participating jurisdiction—a custodial order of that other jurisdiction under its cross‑border laws;

detention centre, in a participating jurisdiction, means—

(a)if the jurisdiction is the State—a training centre established by the Minister under section 36 of the Family and Community Services Act 1972 or section 21 of the Youth Justice Administration Act 2016; or

(b)if the jurisdiction is another participating jurisdiction—a detention centre in that other jurisdiction under its cross‑border laws;

drink or drug-driving laws, of a participating jurisdiction, means the provisions of the law of the jurisdiction relating to a person driving or attempting to drive a vehicle—

(a)while under the influence of or impaired by alcohol, drugs or both; or

(b)while alcohol, drugs or both are present in the person's oral fluid or blood;

Note—

The definition of drink or drug‑driving laws is affected by subsection (2).

drink or drug-driving offence, under the law of a participating jurisdiction, means an offence under the law of the jurisdiction the elements of which include a person driving or attempting to drive a vehicle—

(a)while under the influence of or impaired by alcohol, drugs or both; or

(b)while alcohol, drugs or both are present in the person's oral fluid or blood;

Note—

The definition of drink or drug‑driving offence is affected by subsection (2).

exercise, a power, includes to perform a function or duty;

juvenile justice officer, of a participating jurisdiction, means—

(a)if the jurisdiction is the State—a juvenile justice officer as defined by regulations made for the purposes of this definition; or

(b)if the jurisdiction is another participating jurisdiction—a juvenile justice officer of that other jurisdiction under its cross‑border laws;

Note—

The definition of juvenile justice officer is affected by section 10.

lodge, a document, includes to file a document;

magistrate, of a participating jurisdiction, means—

(a)if the jurisdiction is the State—a magistrate of a prescribed court of the State; or

(b)if the jurisdiction is another participating jurisdiction—a magistrate of that other jurisdiction under its cross‑border laws;

Note—

The definition of magistrate is affected by section 10.

non-custodial order, of a participating jurisdiction, means—

(a)if the jurisdiction is the State—

(i)a sentence imposed on, or an order made against, a person in respect of an offence or alleged offence under the law of the State, other than a sentence or order requiring the person to be kept in custody or to pay a fine; or

(ii)an order that a person be released from parole under Part 6 of the Correctional Services Act 1982; or

(iii)an order for community service under the Sentencing Act 2017; or

(iv)any other order or requirement of a kind brought within the ambit of this definition by the regulations; or

(b)if the jurisdiction is another participating jurisdiction—a non‑custodial order of that other jurisdiction under its cross‑border laws;

office holder, of a participating jurisdiction, means—

(a)if the jurisdiction is the State—a person who holds an office under the law of the State; or

(b)if the jurisdiction is another participating jurisdiction—a person who holds an office under the law of that other jurisdiction;

Note—

The definition of office holder is affected by sections 9 and 10.

participating jurisdiction means—

(a)the State; or

(b)another participating jurisdiction;

police officer, of a participating jurisdiction, means—

(a)if the jurisdiction is the State—

(i)a member of South Australia Police under the Police Act 1998 (including a community constable); or

(ii)a special constable under Part 9 of the Police Act 1998; or

(b)if the jurisdiction is another participating jurisdiction—a police officer of that other jurisdiction under its cross‑border laws;

Note—

The definition of police officer is affected by section 10.

power includes a function and a duty;

preliminary alcohol or drug test, under a participating jurisdiction's drink or drug‑driving laws, means a test that may be conducted under those laws for the purpose of providing a preliminary indication of whether or not alcohol, drugs or both are present in the blood of the driver or person in charge of a vehicle;

prescribed court, of a participating jurisdiction, means—

(a)if the jurisdiction is the State—

(i)the Magistrates Court of South Australia; or

(ii)the Youth Court of South Australia other than when constituted by or so as to include a judge; or

(b)if the jurisdiction is another participating jurisdiction—a prescribed court of that other jurisdiction under its cross‑border laws;

prison, in a participating jurisdiction, means—

(a)if the jurisdiction is the State—a prison within the meaning of the Correctional Services Act 1982; or

(b)if the jurisdiction is another participating jurisdiction—a prison in that other jurisdiction under its cross‑border laws;

registrar, of a prescribed court of a participating jurisdiction, means—

(a)if the court is a prescribed court of the State—a person who holds office as a registrar or deputy registrar of the court; or

(b)if the court is a prescribed court of another participating jurisdiction—a registrar of that court under that other jurisdiction's cross‑border laws;

remand facility, in a participating jurisdiction, means a police station, lock up, prison, detention centre or other place in the jurisdiction in which persons on remand may be kept in custody;

restraining order, of a participating jurisdiction, means—

(a)if the jurisdiction is the State—an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 or a restraining order under the Summary Procedure Act 1921; or

(b)if the jurisdiction is another participating jurisdiction—a restraining order of that other jurisdiction under its cross‑border laws;

restraining orders laws, of a participating jurisdiction, means—

(a)if the jurisdiction is the State—the Intervention Orders (Prevention of Abuse) Act 2009 or the Summary Procedure Act 1921; or

(b)if the jurisdiction is another participating jurisdiction—the restraining orders laws of that other jurisdiction under its cross‑border laws;

secondary office has the meaning given in section 131(2);

secondary office holder has the meaning given in section 131(1);

subsidiary legislation, of a participating jurisdiction, means an instrument made under any written law of that jurisdiction and having legislative effect;

take action means to do an act or make an omission;

vehicle impounding laws, of a participating jurisdiction, means the provisions of the law of the jurisdiction relating to the impounding or confiscation of vehicles used in connection with driving offences under the law of the jurisdiction;

vehicle or driver licensing laws, of a participating jurisdiction, means the provisions of the law of the jurisdiction relating to the licensing of vehicles or drivers;

written law, of a participating jurisdiction, means—

(a)if the jurisdiction is the State—

(i)an Act of the State; or

(ii)any subsidiary legislation of the State; or

(b)if the jurisdiction is another participating jurisdiction—

(i)an Act of that other jurisdiction for the time being in force; or

(ii)any subsidiary legislation of that other jurisdiction for the time being in force.

(2)In paragraph (b) of the definitions of drink or drug‑driving laws and drink or drug‑driving offence, the reference to the presence of alcohol in a person's oral fluid or blood includes a reference to the presence of a quantity of alcohol in the person's oral fluid or blood that equals or exceeds a specified quantity.

8—Meaning of cross‑border laws

(1)The following laws are the State's cross‑border laws:

(a)this Act;

(b)any other written law of the State that makes express provision in order to give effect to this Act;

(c)any other law of the State with any appropriate modifications;

(d)any other law of the State to the extent its application is necessary to give effect to a law referred to in paragraph (a), (b) or (c).

(2)The following laws are Western Australia's cross‑border laws:

(a)the Cross-border Justice Act 2008 (Western Australia);

(b)any subsidiary legislation made under that Act;

(c)any other written law of Western Australia that makes express provision in order to give effect to that Act;

(d)any other law of Western Australia with any appropriate modifications;

(e)any other law of Western Australia to the extent its application is necessary to give effect to a law referred to in paragraph (a), (b), (c) or (d).

(3)The following laws are the Northern Territory's cross‑border laws:

(a)the Cross-border Justice Act (Northern Territory);

(b)any subsidiary legislation made under that Act;

(c)any other written law of the Northern Territory that makes express provision in order to give effect to that Act;

(d)any other law of the Northern Territory with any appropriate modifications;

(e)any other law of the Northern Territory to the extent its application is necessary to give effect to a law referred to in paragraph (a), (b), (c) or (d).

9—Persons who exercise powers are office holders

For the purposes of the State's cross‑border laws, a person on whom a power is conferred under the law of a participating jurisdiction is taken to hold an office under that law.

10—References to office holders

(1)In this Act, unless the contrary intention appears, a reference to an office holder (however described) of a participating jurisdiction includes a reference to a person who holds an office under the law of the jurisdiction as a secondary office holder.

(2)In this Act, unless the contrary intention appears, a reference to an office holder (however described) of another participating jurisdiction whose office no longer exists is read as a reference to an office holder of that other jurisdiction who for the time being has the powers of that office.

11—References to written laws of another participating jurisdiction

(1)In this section—

amended—

(a)means replaced, substituted (in whole or in part), added to or varied; and

(b)includes any 2 or more of those things done simultaneously or by the same written law.

(2)A reference in this Act to a written law of another participating jurisdiction, or to a provision of such a law, is read as including a reference to the law or provision as amended from time to time.

12—Use of notes and examples

A note or example set out at the foot of a provision of this Act is provided to assist understanding and does not form part of this Act.

Division 4—Modifications of other laws of State

13—Appropriate modifications

Appropriate modifications of a law of the State are—

(a)any modifications of the law that are prescribed by the regulations; and

(b)any other modifications of the law that are necessary or convenient to give effect to this Act.

14—Effect of modifications

In order to give effect to this Act, a law of the State must be applied with any appropriate modifications as if the law had been altered in that way.

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)The State's cross‑border laws do not authorise an office holder of the State to exercise a power in another participating jurisdiction unless the law of that other jurisdiction allows the office holder to exercise the power in that other jurisdiction.

(2)The State's cross‑border laws do not allow an office holder of another participating jurisdiction to exercise a power in the State unless the law of that other jurisdiction authorises the office holder to exercise the power in the State.

(3)The State's cross‑border laws do not authorise a prescribed court of the State to hear and determine a proceeding, or to otherwise exercise its jurisdiction or a power, in another participating jurisdiction unless the law of that other jurisdiction allows the court to hear and determine the proceeding, or to exercise that jurisdiction or power, in that other jurisdiction.

(4)The State's cross‑border laws do not allow a prescribed court of another participating jurisdiction to hear and determine a proceeding, or to otherwise exercise its jurisdiction or a power, in the State unless the law of that other jurisdiction authorises the court to hear and determine the proceeding, or to exercise that jurisdiction or power, in the State.

(5)The State's cross‑border laws do not authorise a sentence imposed on, or an order made or issued against, a person in respect of an offence or alleged offence under the law of the State to be served or carried out in another participating jurisdiction unless the law of that other jurisdiction allows the sentence or order to be served or carried out in that other jurisdiction.

(6)The State's cross‑border laws do not allow a sentence imposed on, or an order made or issued against, a person in respect of an offence or alleged offence under the law of another participating jurisdiction to be served or carried out in the State unless the law of that other jurisdiction authorises the sentence or order to be served or carried out in the State.

16—Law of another participating jurisdiction: other persons required to do things

(1)This section applies in relation to a person other than an office holder, court or other person in relation to whom section 15 applies.

(2)The State's cross‑border laws do not authorise a person who is required under the law of the State to do something to do that thing in another participating jurisdiction unless the law of that other jurisdiction allows the person to do the thing in that other jurisdiction.

(3)The State's cross‑border laws do not allow a person who is required under the law of another participating jurisdiction to do something to do that thing in the State unless the law of that other jurisdiction authorises the person to do the thing in the State.

17—Service and Execution of Process Act 1992 of the Commonwealth

The State's cross‑border laws are intended to provide alternative procedures to those under the Service and Execution of Process Act 1992 of the Commonwealth and do not purport to exclude or limit the operation of that Act.

Note—

If the Service and Execution of Process Act 1992 of the Commonwealth provides that it does not apply to a matter covered by the State's cross‑border laws, an office holder or prescribed court of the State will proceed under those laws instead of under that Act.

Division 6—Application

18—Offences, orders and requirements in relation to which State's cross‑border laws apply

(1)The State's cross‑border laws apply in relation to an offence under the law of a participating jurisdiction whether the offence is suspected of having been committed, or is alleged or found to have been committed, before or after the commencement of this Act.

(2)The State's cross‑border laws apply in relation to an order made under the law of a participating jurisdiction whether the order was made before or after the commencement of this Act.

(3)The State's cross‑border laws apply in relation to a requirement to do something under the law of a participating jurisdiction whether the requirement arose before or after the commencement of this Act.

Part 2—Cross‑border regions

Division 1—Prescribing cross‑border regions

19—Cross‑border regions to be prescribed

A cross‑border region is a region that—

(a)straddles the border between the State and 1 or both of the other participating jurisdictions; and

(b)is prescribed by the regulations to be a cross‑border region.

Division 2—Connection with a cross‑border region

20—Persons suspected of, alleged to have committed or found guilty of offences

(1)This section applies to a person who—

(a)is suspected of having committed an offence under the law of a participating jurisdiction; or

(b)is alleged to have committed an offence under the law of a participating jurisdiction; or

(c)has been found guilty of an offence under the law of a participating jurisdiction.

(2)The person has a connection with a cross‑border region if—

(a)the offence is suspected of having been committed, or is alleged or was found to have been committed, in the region; or

(b)at the time of the person's arrest for the offence—

(i)the person is or was in the region; or

(ii)the person ordinarily resides or resided in the region; or

(c)at the time at which the offence is suspected of having been committed, or is alleged or was found to have been committed, the person ordinarily resides or resided in the region.

(3)For the purposes of a proceeding of a prescribed court of a participating jurisdiction in respect of the offence, the person also has a connection with a cross‑border region if—

(a)at the time at which the proceeding is heard, the person ordinarily resides in the region; or

(b)the proceeding is heard with another proceeding of the court that is a cross‑border proceeding for the purposes of which the person has a connection with the region.

Note—

For the purpose of deciding whether or not a person has committed an offence under the law of a participating jurisdiction—

(a)if the jurisdiction is the State—section 5G of the Criminal Law Consolidation Act 1935 applies; or

(b)if the jurisdiction is Western Australia—section 12 of the Criminal Code of Western Australia applies; or

(c)if the jurisdiction is the Northern Territory—section 15 of the Criminal Code of the Northern Territory applies.

21—Persons against whom orders of prescribed courts are in force

(1)This section applies to a person against whom an order made by a prescribed court of a participating jurisdiction is in force.

(2)Subsections (3) and (4) apply if the person—

(a)is suspected of having breached the order; or

(b)is alleged to have breached the order; or

(c)has been found to have breached the order.

(3)The person has a connection with a cross‑border region if—

(a)the breach is suspected of having occurred, or is alleged or was found to have occurred, in the region; or

(b)at the time of the person's arrest for the breach—

(i)the person is or was in the region; or

(ii)the person ordinarily resides or resided in the region; or

(c)at the time at which the breach is suspected of having occurred, or is alleged or was found to have occurred, the person ordinarily resides or resided in the region; or

(d)at the time at which the order or a previous amendment or variation of the order was made, the person ordinarily resided in the region; or

(e)the order or a previous amendment or variation of the order was made in, or another breach of the order has been the subject of, another proceeding of the court that was a cross‑border proceeding for the purposes of which the person had a connection with the region.

(4)For the purposes of a proceeding of the court in respect of the breach, the person also has a connection with a cross‑border region if—

(a)at the time at which the proceeding is heard, the person ordinarily resides in the region; or

(b)the proceeding is heard with another proceeding of the court that is a cross‑border proceeding for the purposes of which the person has a connection with the region.

(5)The person has a connection with a cross‑border region for the purposes of a proceeding of the court for the amendment, variation or revocation of the order if—

(a)at the time at which the order or a previous amendment or variation of the order was made, the person ordinarily resided in the region; or

(b)the order or a previous amendment or variation of the order was made in, or any breach of the order has been the subject of, another proceeding of the court that was a cross‑border proceeding for the purposes of which the person had a connection with the region; or

(c)at the time at which the proceeding is heard, the person ordinarily resides in the region; or

(d)the proceeding is heard with another proceeding of the court that is a cross‑border proceeding for the purposes of which the person has a connection with the region.

22—Connection for purposes of making restraining orders

(1)This section applies to a person against whom a restraining order is sought or proposed to be made under a participating jurisdiction's restraining orders laws.

(2)The person has a connection with a cross‑border region, including for the purposes of a proceeding in a prescribed court of the jurisdiction for the making of the order, if—

(a)that person ordinarily resides in the region; or

(b)the person for whose benefit the order is sought or is proposed to be made ordinarily resides in the region.

23—Persons serving sentences or carrying out orders in respect of offences or alleged offences

(1)This section applies to a person on whom a sentence is imposed, or against whom an order is made or issued, in respect of an offence or alleged offence under the law of a participating jurisdiction.

(2)The person has a connection with a cross‑border region if—

(a)the sentence was imposed, or the order was made or issued, in—

(i)a cross‑border proceeding of a prescribed court of the participating jurisdiction for the purposes of which the person had a connection with the region; or

(ii)an appeal from such a proceeding; or

(b)if the order was made or issued for the purpose of enforcing a fine—the fine was imposed in a proceeding or appeal referred to in paragraph (a); or

(c)the person ordinarily resides in the region.

24—Other persons required to do things

(1)This section applies to a person if sections 20 to 23 do not apply to the person.

(2)A person who is required to do something under the law of a participating jurisdiction has a connection with a cross‑border region if—

(a)the requirement is made of the person in the region; or

(b)the requirement relates to an event, matter or thing in the region; or

(c)the person ordinarily resides in the region.

25—Connections are not mutually exclusive

A connection with a cross‑border region that a person has because of a provision of this Division does not exclude or limit a connection with a cross‑border region that the person has because of another provision of this Division.

Division 3—Proving connection with a cross‑border region

26—Meaning of proceeding

In this Division—

proceeding means—

(a)a cross‑border proceeding of a prescribed court of the State; or

(b)a proceeding before a court of the State that relates to an action taken or purportedly taken under this Act by an office holder of a participating jurisdiction.

27—Onus of proving person's whereabouts at time of arrest

(1)If whether a person was in a cross‑border region at the time of the person's arrest is in issue in a proceeding, the person has the onus of proving on the balance of probabilities that the person was not in the region at that time.

(2)If whether a person ordinarily resided in a cross‑border region at the time of the person's arrest is in issue in a proceeding, the person has the onus of proving on the balance of probabilities that the person did not ordinarily reside in the region at that time.

28—Onus of proving person's residency during cross‑border proceeding

(1)Subsection (2) applies if either of the following are in issue in a proceeding:

(a)if it is a cross‑border proceeding—whether the person who is the subject of the proceeding ordinarily resides or resided in a cross‑border region at a particular time during the proceeding;

(b)if it is another proceeding—whether the person who is the subject of the proceeding ordinarily resides or resided in a cross‑border region at a particular time during a cross‑border proceeding.

(2)The person has the onus of proving on the balance of probabilities that the person does not or did not ordinarily reside in the region at that time.

Division 4—Multiple cross‑border regions

29—Application of this Division

This Division applies if there are 2 or more cross‑border regions of which—

(a)1 is partly in all 3 participating jurisdictions; and

(b)the other or others are partly in only 2 of the 3 participating jurisdictions.

30—Office holders, prescribed courts, persons serving sentences

(1)The State's cross‑border laws do not authorise an office holder of the State to exercise a power under the law of the State in another participating jurisdiction unless the power is to be exercised in relation to a person who has a connection with a cross‑border region that is partly in that other jurisdiction.

(2)The State's cross‑border laws do not allow an office holder of another participating jurisdiction to exercise a power under the law of that other jurisdiction in the State unless the power is to be exercised in relation to a person who has a connection with a cross‑border region that is partly in that other jurisdiction.

(3)The State's cross‑border laws do not authorise a prescribed court of the State to hear and determine a proceeding, or to otherwise exercise its jurisdiction or a power, in another participating jurisdiction unless the person who is the subject of the proceeding to which the exercise of that jurisdiction or power relates has a connection with a cross‑border region that is partly in that other jurisdiction for the purposes of that proceeding.

(4)The State's cross‑border laws do not allow a prescribed court of another participating jurisdiction to hear and determine a proceeding, or to otherwise exercise its jurisdiction or a power, in the State unless the person who is the subject of the proceeding to which the exercise of that jurisdiction or power relates has a connection with a cross‑border region that is partly in that other jurisdiction for the purposes of that proceeding.

(5)The State's cross‑border laws do not authorise a sentence imposed on, or an order made or issued against, a person in respect of an offence or alleged offence under the law of the State to be served or carried out in another participating jurisdiction unless the person has a connection with a cross‑border region that is partly in that other jurisdiction.

(6)The State's cross‑border laws do not allow a sentence imposed on, or an order made or issued against, a person in respect of an offence or alleged offence under the law of another participating jurisdiction to be served or carried out in the State unless the person has a connection with a cross‑border region that is partly in that other jurisdiction.

31—Other persons required to do things

(1)This section applies in relation to a person other than an office holder, court or other person in relation to whom section 30 applies.

(2)The State's cross‑border laws do not authorise a person who is required under the law of the State to do something to do that thing in another participating jurisdiction unless the person has a connection with a cross‑border region that is partly in that other jurisdiction.

(3)The State's cross‑border laws do not allow a person who is required under the law of another participating jurisdiction to do something to do that thing in the State unless the person has a connection with a cross‑border region that is partly in that other jurisdiction.

Notes for this Division—

1The examples in this Act assume the following 3 regions:

(a)a region straddling the State's borders with Western Australia and the Northern Territory (the SA/WA/NT region);

(b)a region straddling the State's border with Western Australia (the SA/WA region);

(c)a region straddling the State's border with the Northern Territory (the SA/NT region).

2A person may have a connection with more than 1 cross‑border region. An office holder or prescribed court of the State may deal with the person under the State's cross‑border laws on the basis of the person's connection with 1 or another of those regions, having regard to what best facilitates the administration of justice in those regions.

Part 3—Police officers of State exercising powers in another participating jurisdiction

Division 1—Powers generally

32—Arrest without warrant

(1)A police officer of the State may arrest a person in another participating jurisdiction without a warrant if—

(a)under the law of the State, the police officer would have been able to arrest the person in the State without a warrant; and

(b)the person has a connection with a cross‑border region.

(2)The law of the State applies (with any appropriate modifications) in relation to the arrest.

33—Arrest under warrant

(1)A police officer of the State may arrest a person in another participating jurisdiction under a warrant if—

(a)under the law of the State, the police officer would have been able to arrest the person in the State under a warrant; and

(b)the person has a connection with a cross‑border region.

(2)A magistrate of the State—

(a)may issue in another participating jurisdiction a warrant for the arrest of a person under the law of the State if the person has a connection with a cross‑border region; and

(b)for that purpose, may exercise in that other jurisdiction any of the powers the magistrate has under the law of the State for the purpose of issuing warrants for the arrest of persons.

(3)The law of the State applies (with any appropriate modifications) in relation to the arrest and the warrant.

Examples—

1A person is suspected of committing an offence under SA law in the SA portion of the SA/WA/NT region. An SA magistrate anywhere in SA, WA or the NT may issue a warrant for the person's arrest. An SA police officer may arrest the person under the warrant anywhere in SA, WA or the NT.

2A person who ordinarily resides in the SA/WA region is suspected of committing an offence under SA law in Port Augusta. An SA magistrate anywhere in SA or WA may issue a warrant for the person's arrest. An SA magistrate in the NT cannot issue a warrant. An SA police officer may arrest the person under the warrant anywhere in SA or WA but not in the NT.

3A person who ordinarily resides in the SA/NT region is suspected of committing an offence under SA law in the SA portion of the SA/WA region. An SA magistrate anywhere in SA, WA or the NT may issue a warrant for the person's arrest. An SA police officer may arrest the person under the warrant anywhere in SA, WA or the NT.

34—Person taken into custody

(1)Subsection (2) applies if—

(a)a police officer of the State arrests a person under the law of the State—

(i)whether with or without a warrant; and

(ii)whether in the State or another participating jurisdiction; and

(b)the person has a connection with a cross‑border region.

(2)A police officer of the State may—

(a)keep the person in custody in another participating jurisdiction; and

(b)while the person is in custody, take the person to a police station, court or other place in another participating jurisdiction for any purpose that is authorised under the law of the State as applied by subsection (3).

(3)The law of the State applies (with any appropriate modifications) in relation to the custody.

35—Investigation of suspected or alleged offence or breach of order

(1)This section applies if—

(a)a police officer of the State—

(i)suspects a person of having committed, or has alleged that a person has committed, an offence under the law of the State; or

(ii)suspects a person of having breached, or has alleged that a person has breached, an order made under the law of the State; and

(b)the person has a connection with a cross‑border region.

(2)A police officer of the State may—

(a)investigate the offence or breach in another participating jurisdiction; and

(b)for that purpose, may exercise in that other jurisdiction any of the powers the police officer has under the law of the State for the purpose of investigating the offence or breach.

(3)Without affecting subsection (2), those powers may include powers in relation to any of the following:

(a)interviewing people;

(b)searching people;

(c)taking photographs of people or parts of people's bodies;

(d)taking prints of parts of people's bodies (for example, fingerprints, handprints and footprints);

(e)taking samples of things, and removing things, from the external and internal parts of people's bodies;

(f)entering and searching places and vehicles;

(g)taking photographs of places and vehicles;

(h)inspecting, and taking extracts from or copies of, documents found at places or in vehicles;

(i)taking samples of things, and seizing things, from places and vehicles;

(j)carrying out warrants or orders authorising the police officer to do any of the things referred to in paragraphs (a) to (i);

(k)requiring people to assist the police officer to do any of the things referred to in paragraphs (a) to (j).

(4)For the purpose of the investigation of the offence or breach by a police officer of the State in the State or another participating jurisdiction, a magistrate of the State—

(a)may issue in another participating jurisdiction a warrant or order under the law of the State to be carried out in the State or another participating jurisdiction; and

(b)for that purpose, may exercise in that other jurisdiction any of the powers the magistrate has under the law of the State for the purpose of issuing warrants or orders for the purpose of the investigation by police officers of the State of offences or breaches of orders.

(5)The law of the State applies (with any appropriate modifications) in relation to the investigation and the warrant or order.

Examples—

1A person is suspected of committing an offence under SA law in the SA portion of the SA/WA/NT region. An SA police officer may investigate the alleged offence anywhere in SA, WA or the NT. For the purpose of the investigation of the alleged offence, an SA magistrate anywhere in SA, WA or the NT may issue a warrant to search premises anywhere in SA, WA or the NT.

2A person is arrested in the SA/WA region for an offence under SA law alleged to have been committed in Port Augusta. An SA police officer may investigate the alleged offence anywhere in SA or WA but not in the NT. For the purpose of the investigation of the alleged offence, an SA magistrate anywhere in SA or WA may issue a warrant to search premises anywhere in SA or WA but not in the NT. An SA magistrate in the NT cannot issue a warrant.

3A person is suspected of committing an offence under SA law in the SA portion of the SA/NT region and is subsequently arrested for the alleged offence in the SA/WA region. An SA police officer may investigate the alleged offence anywhere in SA, WA or the NT. For the purpose of the investigation of the alleged offence, an SA magistrate anywhere in SA, WA or the NT may issue a warrant to search premises anywhere in SA, WA or the NT.

36—Return of person not charged to place of arrest or other place

(1)Subsection (2) applies if a person being kept in custody by a police officer of the State in another participating jurisdiction under section 34(2)(a) is released without charge.

(2)A police officer of the State must take reasonable steps to ensure the person is taken, at the person's election—

(a)back to the place where the person was arrested; or

(b)to a place reasonably nominated by the person.

(3)Subsection (2) does not require the person to be taken to a place if to do so is likely to endanger the person's or another person's safety.

37—Relationship of this Part with Criminal Investigation (Extraterritorial Offences) Act 1984

This Part does not affect the operation of the Criminal Investigation (Extraterritorial Offences) Act 1984.

Division 2—Road traffic powers

Subdivision 1—Vehicle or driver licensing laws

38—Powers in relation to offences

(1)Subsection (2) applies if—

(a)a police officer of the State suspects a person of having committed, or has alleged that a person has committed, an offence under the State's vehicle or driver licensing laws; and

(b)the person has a connection with a cross‑border region.

(2)A police officer of the State may exercise in another participating jurisdiction any of the powers the police officer has under the law of the State in relation to the offence.

39—Other powers

(1)In this section—

licensing powers, of a police officer of the State, means any of the powers the police officer has under the State's vehicle or driver licensing laws other than a power to which section 38(2) applies.

(2)A police officer of the State may exercise in another participating jurisdiction any of the police officer's licensing powers in relation to a person who ordinarily resides in a part of the State that is in a cross‑border region.

Subdivision 2—Drink or drug‑driving laws

40—Interpretation

In this Subdivision, unless the contrary intention appears—

sample means a sample of a person's breath, oral fluid, blood or urine;

test means to provide or take, and test or analyse, a sample;

testing procedures, under a participating jurisdiction's drink or drug‑driving laws, means the requirements for providing or taking, and testing or analysing, a sample under the jurisdiction's drink or drug‑driving laws.

41—Conduct of preliminary alcohol or drug test in cross‑border region

(1)This section applies if a police officer of the State requires a person in a part of the State that is in a cross‑border region to provide a sample of breath or oral fluid for a preliminary alcohol or drug test under the State's drink or drug‑driving laws.

(2)If—

(a)the person is required to provide the sample in accordance with the testing procedures under another participating jurisdiction's drink or drug‑driving laws; and

(b)the region is partly in that other jurisdiction,

the person is taken to be required to provide the sample in accordance with the testing procedures under the State's drink or drug‑driving laws.

(3)If—

(a)the sample is tested in accordance with the testing procedures for a preliminary alcohol or drug test under another participating jurisdiction's drink or drug‑driving laws; and

(b)the region is partly in that other jurisdiction,

the sample is taken to have been tested in accordance with the testing procedures for a preliminary alcohol or drug test under the State's drink or drug‑driving laws.

Examples—

1An SA police officer requires a person in the SA portion of the SA/NT region to provide a sample of breath for a preliminary alcohol test under SA's drink‑driving laws. The police officer may require the person to provide the sample in accordance with the testing procedures under NT's drink‑driving laws.

2An SA police officer requires a person in the SA portion of the SA/NT region to provide a sample of breath for a preliminary alcohol test under SA's drink‑driving laws. The same may be tested in accordance with the testing procedures under NT's drink‑driving laws.

42—Powers that may be exercised in another participating jurisdiction

(1)Subsection (3) applies if a police officer of the State has required a person in a part of the State that is in a cross‑border region to provide a sample of breath or oral fluid for a preliminary alcohol or drug test under the State's drink or drug‑driving laws.

(2)Subsection (3) applies if—

(a)a police officer of the State suspects a person of having committed, or has alleged that a person has committed, a drink or drug‑driving offence under the law of the State; and

(b)the person has a connection with a cross‑border region.

(3)Subject to section 44, a police officer of the State may exercise in another participating jurisdiction any of the powers the police officer has under the State's drink or drug‑driving laws in relation to the person.

133—Office holders of another participating jurisdiction may be secondary office holders of State

An office holder of another participating jurisdiction may hold a secondary office under the law of the State, and exercise the powers of that office, for the purposes of the State's cross‑border laws.

134—Prohibition against holding or exercising powers of another office not breached

(1)In this section—

prescribed prohibition, in relation to an office holder of the State, means a prohibition against the office holder—

(a)holding another public office concurrently with the office holder's State office; or

(b)exercising the powers of another public office concurrently with the powers of the office holder's State office;

State office, of an office holder of the State, means the office under the law of the State held by the office holder.

(2)An office holder of the State does not breach a prescribed prohibition by holding a secondary office under the law of another participating jurisdiction, or exercising a power of that office, if the office is held or the power is exercised for the purposes of that other jurisdiction's cross‑border laws.

135—Terms of appointment of secondary office holders under law of State

(1)In this section—

remuneration includes salary, allowances, fees, emoluments and benefits (whether in money or not).

(2)Subsections (3) and (4) apply in relation to an office holder of another participating jurisdiction who holds a secondary office under the law of the State for the purposes of the State's cross‑border laws.

(3)The conditions of service (including as to remuneration) of the secondary office holder are those that the office holder is entitled to under the law of that other jurisdiction.

(4)The secondary office holder ceases to hold the secondary office if the office holder ceases to hold the office under the law of that other jurisdiction.

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

136—Appointment as magistrates of Magistrates Court

The Magistrates Act 1983 applies (with any appropriate modifications) in relation to the appointment of magistrates of another participating jurisdiction to be magistrates of the Magistrates Court.

137—Appointment as magistrates of Youth Court

The Youth Court Act 1993 applies (with any appropriate modifications) in relation to the appointment of magistrates of another participating jurisdiction to be magistrates of the Youth Court of South Australia.

Part 14—Miscellaneous matters

138—Reporting accidents, producing driver's licences etc at police stations etc

(1)In this section—

road traffic laws, of a participating jurisdiction, means—

(a)if the jurisdiction is the State—the Road Traffic Act 1961; or

(b)if the jurisdiction is another participating jurisdiction—the road traffic laws of that other jurisdiction under its cross‑border laws.

(2)Subsections (3) and (4) apply in relation to a requirement under the law of the State to do something if no other provision of the State's cross‑border laws authorises the thing to be done in another participating jurisdiction.

(3)A person who is required under the State's road traffic laws to do something at a police station or other place may do that thing at a police station or other place in another participating jurisdiction if the person has a connection with a cross‑border region.

(4)A person who is required under any other law of the State to do something at a police station may do that thing at a police station in another participating jurisdiction if the person has a connection with a cross‑border region.

(5)Subsections (6) and (7) apply in relation to a requirement under the law of another participating jurisdiction to do something if no other provision of the State's cross‑border laws allows the thing to be done in the State.

(6)A person who is required under another participating jurisdiction's road traffic laws to do something at a police station or other place may do that thing at a police station or other place in the State if the person has a connection with a cross‑border region.

(7)A person who is required under any other law of another participating jurisdiction to do something at a police station may do that thing at a police station in the State if the person has a connection with a cross‑border region.

Note—

For the purpose of deciding whether or not a person to whom section 138 applies has a connection with a cross‑border region, section 24 and Part 2 Division 4 apply.

139—Jurisdiction of Coroner

This Act does not affect the operation of the Coroners Act 2003 in relation to the investigation of the death of a person.

140—Power of Minister to enter agreements

(1)In this section—

Minister, of a participating jurisdiction, includes a person acting on behalf of a Minister of the jurisdiction.

(2)The Minister may make an agreement with a Minister of another participating jurisdiction in respect of any matter that is necessary or convenient to give effect to this Act.

(3)Subsection (2) does not limit the power of the Minister to enter into agreements relating to the administration of justice in a cross‑border region.

141—Inconsistency between Act and agreement

If there is an inconsistency between this Act and an agreement referred to in section 140(2), this Act prevails to the extent of the inconsistency.

142—Protection of office holders of State taking action in another participating jurisdiction

An office holder of the State has the same protections and immunities, and is subject to the same liabilities, under the law of the State in respect of any action the office holder takes under the State's cross‑border laws in another participating jurisdiction as the office holder would have, and be subject to, if the office holder were to take the action in the State.

143—Protection of office holders of another participating jurisdiction taking action in State

An office holder of another participating jurisdiction has the same protections and immunities, and is subject to the same liabilities, under the law of the State in respect of any action the office holder takes under that other jurisdiction's cross‑border laws in the State as the office holder would have, and be subject to, under the law of that other jurisdiction if the office holder were to take the action in that other jurisdiction.

144—Disclosure of information to authorities in another participating jurisdiction

(1)A person or body in the State who is authorised under a law of the State to disclose information to another person or body in the State (a State authority) may disclose that information to a person or body in another participating jurisdiction (an interstate authority) if—

(a)the interstate authority exercises powers that correspond with the powers exercised by the State authority; and

(b)the information is relevant to the administration of the cross‑border laws of the State or of that other jurisdiction.

(2)The CEO (corrections) may authorise the disclosure of information about persons who are being or have been dealt with under the State's cross‑border laws to a person or body (whether in the State or elsewhere) for use in research.

(3)The CEO (corrections) may establish procedures for the disclosure of information under this section.

145—Delegation by CEO (corrections)

(1)The CEO (corrections) may delegate to a person any power the CEO has under another provision of this Act.

(2)The delegation must be in writing signed by the CEO.

(3)A person to whom a power is delegated under this section cannot delegate that power.

(4)A person exercising a power that has been delegated to the person under this section is taken to do so in accordance with the terms of the delegation unless the contrary is shown.

(5)This section does not limit the ability of the CEO to exercise a power through an officer or agent.

146—Regulations

(1)The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.

(2)The regulations may—

(a)be of general or limited application, or vary in their application according to prescribed factors;

(b)provide that a matter or thing be determined according to the discretion of a Minister or any other prescribed person or body.

147—Review of Act

(1)The Minister must carry out a review of the operation and effectiveness of this Act as soon as practicable after the expiry of 3 years from the commencement of this Act.

(2)The Minister must—

(a)prepare a report on the outcome of the review; and

(b)cause a copy of the report to be laid before each House of Parliament,

within 4 years after the commencement of this Act.

Legislative history

Notes

•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

•Earlier versions of this Act (historical versions) are listed at the end of the legislative history.

•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or amended by principal Act

The Cross-border Justice Act 2009 amended the following:

Bail Act 1985

Magistrates Court Act 1991

Youth Court Act 1993

Principal Act and amendments

New entries appear in bold.

Year No Title Assent Commencement
2009 18 Cross-border Justice Act 2009 21.5.2009 1.11.2009 except ss 67(b), 68(2)(b) & (e), 108, 110, 117, 119, 137 & Sch 1 Pt 4—1.12.2009 (Gazette 29.10.2009 p4982)
2009 85 Intervention Orders (Prevention of Abuse) Act 2009 10.12.2009 Sch 1 (cll 7—12)—9.12.2011 (Gazette 20.10.2011 p4269)
2013 31 Statutes Amendment (Fines Enforcement and Recovery) Act 2013 1.8.2013 Pt 5 (s 17)—3.2.2014 (Gazette 30.1.2014 p422)
2015 46 Firearms Act 2015 17.12.2015 Sch 1 (cl 14)—1.7.2017 (Gazette 27.6.2017 p2619)
2016 62 Statutes Amendment (Courts and Justice Measures) Act 2016 8.12.2016 Pt 4 (s 7)—8.12.2016: s 2(1)
2017 41 Statutes Amendment (Attorney-General's Portfolio) (No 2) Act 2017 24.10.2017 Pt 5 (ss 10 & 11)—24.10.2017
2017 71 Fines Enforcement and Debt Recovery Act 2017 12.12.2017 Sch 1 (cll 2 to 10)—30.4.2018 (Gazette 6.2.2018 p609)

Provisions amended

New entries appear in bold.

Entries that relate to provisions that have been deleted appear in italics.

Provision How varied Commencement
Long title amended under Legislation Revision and Publication Act 2002 9.12.2011
Pt 1
s 2 omitted under Legislation Revision and Publication Act 2002 9.12.2011
s 7
s 7(1)
detention centre amended by 62/2016 s 7 8.12.2016
non-custodial order amended by 71/2017 Sch 1 cl 2 30.4.2018
restraining order amended by 85/2009 Sch 1 cl 7(1) 9.12.2011
restraining orders laws amended by 85/2009 Sch 1 cl 7(2) 9.12.2011
Pt 3
Pt 3 Div 2A inserted by 85/2009 Sch 1 cl 8 9.12.2011
Pt 5
s 68
s 68(2) amended by 85/2009 Sch 1 cl 9 9.12.2011
amended by 46/2015 Sch 1 cl 14 1.7.2017
amended by 71/2017 Sch 1 cl 3 30.4.2018
s 79
register amended by 85/2009 Sch 1 cl 10 9.12.2011
Pt 9
s 95
State treatment centre amended by 85/2009 Sch 1 cl 11 9.12.2011
Pt 10
s 108A inserted by 41/2017 s 10 24.10.2017
Pt 11
s 117A inserted by 41/2017 s 11 24.10.2017
Pt 12
s 120
Fines Director amended by 85/2009 Sch 1 cl 12 9.12.2011
amended by 31/2013 s 17 3.2.2014
amended by 71/2017 Sch 1 cl 4 30.4.2018
s 121
s 121(1) amended by 71/2017 Sch 1 cl 5 30.4.2018
s 122 amended by 71/2017 Sch 1 cl 6 30.4.2018
s 125 amended by 71/2017 Sch 1 cl 7 30.4.2018
s 127 amended by 71/2017 Sch 1 cl 8 30.4.2018
s 129 amended by 71/2017 Sch 1 cl 9 30.4.2018
s 130
s 130(2) amended by 71/2017 Sch 1 cl 10 30.4.2018
Sch 1 omitted under Legislation Revision and Publication Act 2002 9.12.2011

Historical versions

9.12.2011
3.2.2014
8.12.2016
1.7.2017
24.10.2017
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