Cross-border Justice Amendment Regulations 2020 (WA)

25 September 2020 GOVERNMENT GAZETTE, WA 3203

Cross-border Justice Act 2008

Cross-border Justice Amendment

Regulations 2020

SL 2020/164

Made by the Governor in Executive Council.

1.   Citation

These regulations are the Cross-border Justice Amendment

Regulations 2020.

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)	regulation 7— on the day on which the Fines, Penalties

and Infringement Notices Enforcement Amendment

Act 2020 section 95 comes into operation;

Regulations 2009.
(c)	the rest of the regulations — on the day on which the

Fines, Penalties and Infringement Notices Enforcement

Amendment Act 2020 sections 9 to 86, 88 and 89 and

Part 3 come into operation.

3. Regulations amended

These regulations amend the Cross-border Justice

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Cross-border Justice Amendment Regulations 2020

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4. Regulation 55 replaced
Delete regulation 55 and insert:

55.          Section 53 altered

Before section 53(3) insert:

(1) IM A warrant of commitment issued under section 52S(4)

cannot commit an offender to prison in another

participating jurisdiction.

5. Regulation 100 amended
In regulation 100(2) delete "section 48" and insert:

section 96

6. Regulation 137 replaced
Delete regulation 137 and insert:

137.        Reduction of fine when work performed or period

of custody served

For section 1 30(2)(c)(iii) of the Act, the amount by which a fine is reduced must be calculated as follows -

(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,

25 September 2020 GOVERNMENT GAZETTE, WA 3205

Cross-border Justice Amendment Regulations 2020

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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 521 and the Fines, Penalties and Infringement Notices Enforcement Regulations 1994 regulation 6BAAA.

7.           Regulation 137 amended

Before regulation 137(a) insert:

(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;

Note: The heading to amended regulation 137 is to read:

Reduction of fine when work or activity performed or period of

custody served

GOVERNMENT GAZETTE, WA 25 September 2020

Cross-border Justice Amendment Regulations 2020

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8. Various references to Northern Territory legislation
amended

Amend the provisions listed in the Table as set out in the Table.

Table

Provision	Delete	Insert
r. 10(2) and (5)	Mental Health and	Mental Health and
r. 35(2)	Related Services Act	Related Services
(Northern Territory)	Act 1998 (Northern
r. 37	(each occurrence)	Territory)
r. 39(2)
r. 40(2) and (3)
r. 41(2) r. 42(2) r. 44(2) r. 43	Correctional	Correctional
Services Act	Services Act 2014
r 107	(Northern Territory)	(Northern Territory)
r. 133(1)
r. 63	Cross-border Justice	Cross-border Justice

Act (Northern Act 2009 (Northern

r 65	Territory)	Territory)
r. 68(2)
r. 118(2)	Lands Acquisition	Lands Acquisition
Act (Northern	Act 1978 (Northern
Territory)	Territory)
r. 120	Youth Justice Act	Youth Justice
(Northern Territory)	Act 2005 (Northern Territory)

25 September 2020 GOVERNMENT GAZETTE, WA 3207

Cross-border Justice Amendment Regulations 2020

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Provision Delete Insert

r. 122 Local Government Local Government

Act (Northern Act 2008 (Northern

Territory) Territory)

V. MOLAN, Clerk of the Executive Council.