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…