Northern Territory Numbered Acts

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CROSS-BORDER JUSTICE ACT 2009 (NO 1 OF 2009) 


TABLE OF PROVISIONS

           Long Title

   PART 1--INTRODUCTION

           Division 1-- Preliminary matters

   1.      Short title  
   2.      Commencement  
   3.      Act binds Crown  

           Division 2--Object of this Act

   4.      Act gives effect to cooperative schemes  
   5.      Object and achievement of Act  
   6.      How this Act is to be construed  

           Division 3--Interpretation

   7.      Definitions  
   8.      Cross-border laws  
   9.      Persons who exercise powers are office holders  
   10.     References to office holders  
   11.     References to written laws of another participating jurisdiction  
   12.     Use of notes and examples  

           Division 4--Modifications of other laws of Territory

   13.     Appropriate modifications  
   14.     Effect of modifications  

           Division 5--Relationship between Territory's cross-border laws and other laws

   15.     Law of another participating jurisdiction: office holders, prescribed courts, persons serving sentences  
   16.     Law of another participating jurisdiction: other persons required to do things  
   17.     Service and Execution of Process Act 1992 (Cth)  

           Division 6--Application

   18.     Offences, orders and requirements for which Territory's cross-border laws apply  

   PART 2--CROSS-BORDER REGIONS

           Division 1--Prescribing cross-border regions

   19.     Cross-border regions to be prescribed  

           Division 2--Connection with cross-border region

   20.     Persons suspected of, alleged to have committed or found guilty of offences  
   21.     Persons against whom orders of prescribed courts are in force  
   22.     Connection for purposes of making restraining orders  
   23.     Persons serving sentences or carrying out orders for offences or alleged offences  
   24.     Other persons required to do things  
   25.     Connections are not mutually exclusive  

           Division 3--Proving connection with cross-border region

   26.     Definition  
   27.     Onus of proving person's whereabouts at time of arrest  
   28.     Onus of proving person's residency during cross-border proceeding  

           Division 4--Multiple cross-border regions

   29.     Application of Division  
   30.     Office holders, prescribed courts, persons serving sentences  
   31.     Other persons required to do things  

   PART 3--POLICE OFFICERS OF TERRITORY EXERCISING POWERS IN ANOTHER PARTICIPATING JURISDICTION

           Division 1--Powers generally

   32.     Arrest without warrant  
   33.     Arrest under warrant  
   34.     Person taken into custody  
   35.     Investigation of suspected or alleged offence or breach of order  
   36.     Return of person not charged to place of arrest or other place  
   37.     Relationship of Part with Criminal Investigation (Extra-territorial Offences) Act  

           Division 2--Road traffic powers

              Subdivision 1--Vehicle or driver licensing laws

   38.     Powers in relation to offences  
   39.     Other powers  

              Subdivision 2--Drink or drug-driving laws

   40.     Definitions  
   41.     Conduct of preliminary alcohol or drug test in cross-border region  
   42.     Powers that may be exercised in another participating jurisdiction  
   43.     Providing or taking sample in another participating jurisdiction  
   44.     Preliminary alcohol or drug test cannot be conducted in another participating jurisdiction  

              Subdivision 3--Vehicle impounding laws

   45.     Powers  

              Subdivision 4--Miscellaneous matters

   46.     Law of Territory applies  
   47.     Relationship with Division 1  

           Division 3--Restraining orders laws

   48.     Definition  
   49.     Making of NT police orders  
   50.     Enforcement of NT police orders  

           Division 4--Offence

   51.     Offence to interfere with exercise of power  

   PART 4--POLICE OFFICERS OF ANOTHER PARTICIPATING JURISDICTION EXERCISING POWERS IN TERRITORY

           Division 1--Powers generally

   52.     Arrest without warrant  
   53.     Arrest under warrant  
   54.     Person taken into custody  
   55.     Investigation of suspected or alleged offence or breach of order  
   56.     Relationship of this Division with laws relating to forensic examinations  

           Division 2--Road traffic powers

              Subdivision 1--Vehicle or driver licensing laws

   57.     Powers in relation to offences  
   58.     Other powers  

              Subdivision 2--Drink or drug-driving laws

   59.     Powers that may be exercised in Territory  
   60.     Preliminary alcohol or drug test cannot be conducted in Territory  

              Subdivision 3--Vehicle impounding laws

   61.     Powers  

              Subdivision 4--Miscellaneous matters

   62.     Law of Territory does not apply  
   63.     Relationship with Division 1  

           Division 3--Restraining orders laws

   64.     Definition  
   65.     Making WA police orders  
   66.     Enforcement of WA police orders  

   PART 5--PRESCRIBED COURTS OF TERRITORY EXERCISING CROSS-BORDER JURISDICTION

           Division 1--Preliminary matters

   67.     Operation of courts outside Territory not limited  

           Division 2--Jurisdiction and powers of courts

   68.     Proceedings that may be heard in another participating jurisdiction  
   69.     Exercise of jurisdiction and powers  
   70.     Practice and procedure  
   71.     Rules of evidence  
   72.     Offence to fail to comply with order, judgment, warrant or summons  

           Division 3--Miscellaneous matters relating to cross-border proceedings

   73.     Legal practitioners of another participating jurisdiction entitled to appear etc.  
   74.     Court documents may be filed, served or issued in another participating jurisdiction  
   75.     Court documents in wrong form do not invalidate proceedings or decisions  
   76.     Application of Court Security Act  
   77.     Law of Territory applies  

           Division 4--Registration of interstate restraining orders

   78.     Part 2, Divisions 2 and 4 do not apply  
   79.     Definitions  
   80.     Registration of SA restraining orders under NT law  
   81.     Registration of WA restraining orders under NT law  

   PART 6--PRESCRIBED COURTS OF ANOTHER PARTICIPATING JURISDICTION EXERCISING CROSS-BORDER JURISDICTION

           Division 1--Jurisdiction and powers of courts

   82.     Proceedings that may be heard in Territory  
   83.     Exercise of jurisdiction and powers  

           Division 2--Miscellaneous matters relating to cross-border proceedings

   84.     Trial of person in Territory by prescribed court of participating jurisdiction  
   85.     Privileges, protection and immunity of participants in proceedings  
   86.     Court documents may be filed, served or issued in Territory  
   87.     Application of Court Security Act  
   88.     Law of Territory does not apply  

           Division 3--Registration of interstate restraining orders

   89.     Part 2, Divisions 2 and 4, do not apply  
   90.     Registration of NT or WA restraining orders under SA law  
   91.     Registration of NT or SA restraining orders under WA law  

   PART 7--BAIL OF PERSONS IN CUSTODY UNDER LAW OF TERRITORY

   92.     Police officer of Territory may exercise powers in another participating jurisdiction  

   PART 8--BAIL OF PERSONS IN CUSTODY UNDER LAW OF ANOTHER PARTICIPATING JURISDICTION

   93.     Police officer of another participating jurisdiction may exercise powers in Territory  

   PART 9--MENTALLY IMPAIRED ACCUSED

   94.     Definitions  
   95.     Persons detained or kept in custody under SA law  
   96.     Persons detained or kept in custody under WA law  

   PART 10--SENTENCES AND ORDERS UNDER LAW OF TERRITORY

           Division 1--Custodial sentences and orders

              Subdivision 1--Sentences of imprisonment or detention

   97.     Serving sentence in Territory or another participating jurisdiction  
   98.     Warrant of commitment  

              Subdivision 2--Remand

   99.     Remanded in custody in Territory or another participating jurisdiction  
   100.    Remand warrant  
   101.    Law of Territory applies  

              Subdivision 3--Bring up orders

   102.    Bringing up prisoner or detainee in another participating jurisdiction before judicial body of Territory  
   103.    Custody of person brought up from prison or detention centre in another participating jurisdiction  

              Subdivision 4--Miscellaneous matters

   104.    Carrying out custodial orders  
   105.    Application of Prisons (Correctional Services) Act  
   106.    Application of Youth Justice Act  

           Division 2--Non-custodial sentences and orders

   107.    Carrying out non-custodial orders in another participating jurisdiction  
   108.    Conducting 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

   109.    Serving sentence of imprisonment or detention in Territory  
   110.    Remanded in custody in Territory  
   111.    Carrying out custodial orders  
   112.    Effect of bring up order if person in custody under law of Territory  
   113.    Application of Prisons (Correctional Services) Act  
   114.    Application of Youth Justice Act  

           Division 2--Non-custodial sentences and orders

   115.    Carrying out non-custodial orders in Territory  
   116.    Conducting diversionary programs for young offenders in Territory  

   PART 12--ENFORCEMENT OF FINES

           Division 1--Preliminary matters

   117.    Definitions  

           Division 2--Fines under law of Territory

   118.    Request to enforce fine in another participating jurisdiction  
   119.    Effect of making request  
   120.    Receipt of amount by fines Director  
   121.    Receipt of amount from reciprocating agency  
   122.    Resumption of enforcement by fines Director  

           Division 3--Fines under law of another participating jurisdiction

   123.    Request to enforce fine in Territory  
   124.    Effect of registration  
   125.    Receipt of amount by reciprocating agency  
   126.    Receipt of amount by fines Director  
   127.    Request to cease enforcement of fine  

   PART 13--OFFICE HOLDERS OF PARTICIPATING JURISDICTIONS

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

   128.    Secondary office holders and secondary offices  
   129.    Office holders of Territory may be secondary office holders of another participating jurisdiction  
   130.    Office holders of another participating jurisdiction may be secondary office holders of Territory  
   131.    Terms of appointment of secondary office holders under law of Territory  

           Division 2--Appointment of magistrates of another participating jurisdiction to be magistrates of Territory

   132.    Appointment as magistrates  

   PART 14--MISCELLANEOUS MATTERS

   133.    Reporting accidents, producing driver's licences etc. to police stations etc.  
   134.    Operation of Coroners Act  
   135.    Power of Minister to enter agreements  
   136.    Inconsistency between Act and agreement  
   137.    Protection of office holders of Territory taking action in another participating jurisdiction  
   138.    Protection of office holders of another participating jurisdiction taking action in Territory  
   139.    Disclosure of information to authorities in another participating jurisdiction  
   140.    Delegation by Chief Executive Officer  
   141.    Regulations  
   142.    Review of Act  

   PART 15--CONSEQUENTIAL AMENDMENT OF LAWS

           Division 1--Alcohol Court Act

   143.    Act amended  
   144.    Amendment of section 8 (Registrar of Court)  
   145.    Amendment of section 9 (Where Court may sit)  

           Division 2--Justices Act

   146.    Act amended  
   147.    Amendment of section 42 (Clerk of Court)  
   148.    New section 60A  

           Division 3--Local Court Act

   149.    Act amended  
   150.    New section 5A  
   151.    Amendment of section 9 (Registrar)  

           Division 4--Magistrates Act

   152.    Act amended  
   153.    Amendment of section 20 (Oath, &c., of office)  

           Division 5--Police Administration Act

   154.    Act amended  
   155.    Amendment of section 32 (Special Constable to take oath or make affirmation)  
   156.    Amendment of section 34E (Oath or affirmation)  

           Division 6--Youth Justice Act

   157.    Act amended  
   158.    Amendment of section 47 (Registrar of Youth Justice Court)  
   159.    Amendment of section 48 (Where Youth Justice Court may be held)  

           Division 7--Expiry of Part

   160.    Expiry  

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