Cross-border Justice Amendment Regulations 2015 (WA)

10 February 2015 GOVERNMENT GAZETTE, WA 601

Cross-border Justice Act 2008

Cross-border Justice Amendment

Regulations 2015

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Cross-border Justice Amendment
Regulations 2015.

2.             Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these

regulations are published in the Gazette;

(b) the rest of the regulations — on the day fixed under the

Road Traffic (Administration) Act 2008 section 2(b).

3.             Regulations amended

These regulations amend the Cross-border Justice
Regulations 2009.

4.             Regulations 84 and 86 deleted

Delete regulations 84 and 86.

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Cross-border Justice Amendment Regulations 2015

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5.             Regulation 93 replaced

Delete regulation 93 and insert:

93.           Section 78A altered

In section 78A delete the definition of senior police
officer and insert:

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senior police officer 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;

6.             Regulations 96 to 100 deleted

Delete regulations 96 to 100 inclusive.

10 February 2015 GOVERNMENT GAZETTE, WA 603

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7.             Part 3 Divisions 20A and 20B inserted

After Part 3 Division 19 insert:

Division 20A — Road Traffic (Administration) Act 2008

modifications

96.           Act modified

This Division prescribes modifications to the Road
Traffic (Administration) Act 2008.

97.           Section 33 altered

After section 33(3) insert:

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(4)	For 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.

98.           Section 47 altered

After section 47(6) insert:

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(7A) For 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

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(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).

99.           Section 48 altered

(1) In section 48 delete “A” and insert:

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(1) A

(2) At the end of section 48 insert:

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(2) For 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.

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(3)	The 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.

10 February 2015 GOVERNMENT GAZETTE, WA 605

Cross-border Justice Amendment Regulations 2015

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100.         Section 96 altered

(1) In section 96 delete “A” and insert:

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(1) A

(2) At the end of section 48 insert:

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(2)	For 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.
101A.	Section 103 altered

(1) In section 103 delete “A” and insert:

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(1) A

(2) At the end of section 103 insert:

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(2) For 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.

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101B.	Section 131 altered
After section 131(3) insert:

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(4A) For 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.

Division 20B — Road Traffic (Vehicles) Act 2012

modifications

101C.	Act modified
This Division prescribes modifications to the Road Traffic (Vehicles) Act 2012.
101D.	Section 13 altered
In section 13(1)(a) after “place” (each occurrence)
insert:
in a participating jurisdiction

N. HAGLEY, Clerk of the Executive Council.