South Australian Numbered Acts

CROSS-BORDER JUSTICE ACT 2009 (NO 18 OF 2009) - SECT 21

21—Persons against whom orders of prescribed courts are in force

        (1)         This section applies to a person against whom an order made by a prescribed court of a participating jurisdiction is in force.

        (2)         Subsections (3) and (4) apply if the person—

            (a)         is suspected of having breached the order; or

            (b)         is alleged to have breached the order; or

            (c)         has been found to have breached the order.

        (3)         The person has a connection with a cross-border region if—

            (a)         the breach is suspected of having occurred, or is alleged or was found to have occurred, in the region; or

            (b)         at the time of the person’s arrest for the breach—

                  (i)         the person is or was in the region; or

                  (ii)         the person ordinarily resides or resided in the region; or

            (c)         at the time at which the breach is suspected of having occurred, or is alleged or was found to have occurred, the person ordinarily resides or resided in the region; or

            (d)         at the time at which the order or a previous amendment or variation of the order was made, the person ordinarily resided in the region; or

            (e)         the order or a previous amendment or variation of the order was made in, or another breach of the order has been the subject of, another proceeding of the court that was a cross-border proceeding for the purposes of which the person had a connection with the region.

        (4)         For the purposes of a proceeding of the court in respect of the breach, the person also has a connection with a cross-border region if—

            (a)         at the time at which the proceeding is heard, the person ordinarily resides in the region; or

            (b)         the proceeding is heard with another proceeding of the court that is a cross-border proceeding for the purposes of which the person has a connection with the region.

        (5)         The person has a connection with a cross-border region for the purposes of a proceeding of the court for the amendment, variation or revocation of the order if—

            (a)         at the time at which the order or a previous amendment or variation of the order was made, the person ordinarily resided in the region; or

            (b)         the order or a previous amendment or variation of the order was made in, or any breach of the order has been the subject of, another proceeding of the court that was a cross-border proceeding for the purposes of which the person had a connection with the region; or

            (c)         at the time at which the proceeding is heard, the person ordinarily resides in the region; or

            (d)         the proceeding is heard with another proceeding of the court that is a cross-border proceeding for the purposes of which the person has a connection with the region.