South Australian Numbered Acts

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CROSS-BORDER JUSTICE ACT 2009 (NO 18 OF 2009) 


TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

           Division 1--Preliminary matters

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

           Division 2--Object of Act

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

           Division 3--Interpretation

   7.      Interpretation
   8.      Meaning of 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 State

   13.     Appropriate modifications
   14.     Effect of modifications

           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
   16.     Law of another participating jurisdiction: other persons required to do things
   17.     Service and Execution of Process Act 1992 of the Commonwealth

           Division 6--Application

   18.     Offences, orders and requirements in relation to which State’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 a 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 in respect of offences or alleged offences
   24.     Other persons required to do things
   25.     Connections are not mutually exclusive

           Division 3--Proving connection with a cross-border region

   26.     Meaning of proceeding
   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 this Division
   30.     Office holders, prescribed courts, persons serving sentences
   31.     Other persons required to do things

   PART 3--Police officers of State 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 this Part with Criminal Investigation (Extraterritorial Offences) Act 1984

           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.     Interpretation
   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 State applies
   47.     Relationship with Division 1

           Division 3--Offence

   48.     Offence to interfere with exercise of power

   PART 4--Police officers of another participating jurisdiction exercising powers in State

           Division 1--Powers generally

   49.     Arrest without warrant
   50.     Arrest under warrant
   51.     Person taken into custody
   52.     Investigation of suspected or alleged offence or breach of order

           Division 2--Road traffic powers

              Subdivision 1--Vehicle or driver licensing laws

   53.     Powers in relation to offences
   54.     Other powers

              Subdivision 2--Drink or drug-driving laws

   55.     Powers that may be exercised in State
   56.     Preliminary alcohol or drug test cannot be conducted in State

              Subdivision 3--Vehicle impounding laws

   57.     Interpretation
   58.     Powers

              Subdivision 4--Miscellaneous matters

   59.     Law of State does not apply
   60.     Relationship with Division 1

           Division 3--Restraining orders laws--WA

   61.     Meaning of WA police order
   62.     Making WA police orders
   63.     Enforcement of WA police orders

           Division 4--Restraining orders laws--NT

   64.     Meaning of NT police order
   65.     Making NT police orders
   66.     Enforcement of NT police orders

   PART 5--Prescribed courts of State exercising cross-border jurisdiction

           Division 1--Preliminary matters

   67.     Operation of courts outside State 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 lodged, served or issued in another participating jurisdiction
   75.     Court documents in wrong form do not invalidate proceedings or decisions
   76.     Application of Sheriff's Act 1978
   77.     Law of State applies

           Division 4--Registration of interstate restraining orders

   78.     Part 2 Division 2 and Division 4 do not apply
   79.     Terms used in this Division
   80.     Registration of WA restraining orders under SA law
   81.     Registration 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

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

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

   84.     Saving provision
   85.     Privileges, protection and immunity of participants in proceedings
   86.     Court documents may be lodged, served or issued in State
   87.     Application of Sheriff's Act 1978
   88.     Law of State does not apply

           Division 3--Registration of interstate restraining orders

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

   PART 7--Bail of persons in custody under law of State

   92.     Police officer of State may exercise powers in another participating jurisdiction
   93.     Offence to fail to comply with bail agreement

   PART 8--Bail of persons in custody under law of another participating jurisdiction

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

   PART 9--Mentally impaired accused

   95.     Terms used in this Part
   96.     Persons committed to detention or custody under WA law
   97.     Persons 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

   98.     Serving sentence in State or another participating jurisdiction
   99.     Warrant of commitment

              Subdivision 2--Remand

   100.    Remanded in custody in State or another participating jurisdiction
   101.    Remand warrant
   102.    Law of State applies

              Subdivision 3--Bring up orders

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

              Subdivision 4--Miscellaneous matters

   105.    Carrying out custodial orders
   106.    Application of Sheriff's Act 1978
   107.    Application of Correctional Services Act 1982
   108.    Application of Young Offenders Act 1993

           Division 2--Non-custodial sentences and orders

   109.    Carrying out non-custodial orders in another participating jurisdiction
   110.    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

   111.    Serving sentence of imprisonment or detention in State
   112.    Remanded in custody in State
   113.    Carrying out custodial orders
   114.    Effect of bring up order if person in custody under law of State
   115.    Application of Sheriff's Act 1978
   116.    Application of Correctional Services Act 1982
   117.    Application of Young Offenders Act 1993

           Division 2--Non-custodial sentences and orders

   118.    Carrying out non-custodial orders in State
   119.    Conducting diversionary programs for young offenders in State

   PART 12--Enforcement of fines

           Division 1--Preliminary matters

   120.    Terms used in this Part

           Division 2--Fines under law of State

   121.    Request to enforce fine in another participating jurisdiction
   122.    Effect of making request
   123.    Receipt of money by Fines Director
   124.    Receipt of money from reciprocating agency
   125.    Resumption of enforcement by Fines Director

           Division 3--Fines under law of another participating jurisdiction

   126.    Request to enforce fine in State
   127.    Effect of registration
   128.    Receipt of money by reciprocating agency
   129.    Receipt of money by Fines Director
   130.    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

   131.    Secondary office holders and secondary offices
   132.    Office holders of State may be secondary office holders of another participating jurisdiction
   133.    Office holders of another participating jurisdiction may be secondary office holders of State
   134.    Prohibition against holding or exercising powers of another office not breached
   135.    Terms of appointment of secondary office holders under law of State

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

   136.    Appointment as magistrates of Magistrates Court
   137.    Appointment as magistrates of Youth Court

   PART 14--Miscellaneous matters

   138.    Reporting accidents, producing driver’s licences etc at police stations etc
   139.    Jurisdiction of Coroner
   140.    Power of Minister to enter agreements
   141.    Inconsistency between Act and agreement
   142.    Protection of office holders of State taking action in another participating jurisdiction
   143.    Protection of office holders of another participating jurisdiction taking action in State
   144.    Disclosure of information to authorities in another participating jurisdiction
   145.    Delegation by CEO (corrections)
   146.    Regulations
   147.     Review of Act
           SCHEDULE 1--Related amendments

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