South Australian Numbered Acts

CROSS-BORDER JUSTICE ACT 2009 (NO 18 OF 2009) - SECT 42

42—Powers that may be exercised in another participating jurisdiction

        (1)         Subsection (3) applies if a police officer of the State has required a person in a part of the State that is in a cross-border region to provide a sample of breath or oral fluid for a preliminary alcohol or drug test under the State’s drink or drug-driving laws.

        (2)         Subsection (3) applies if—

            (a)         a police officer of the State suspects a person of having committed, or has alleged that a person has committed, a drink or drug-driving offence under the law of the State; and

            (b)         the person has a connection with a cross-border region.

        (3)         Subject to section 44, a police officer of the State may exercise in another participating jurisdiction any of the powers the police officer has under the State’s drink or drug-driving laws in relation to the person.

Example—

An SA police officer has required a person in the SA portion of the SA/WA region to provide a sample of oral fluid for a preliminary drug test under SA's drug-driving laws. The police officer suspects the person has committed a drug-driving offence in the SA portion of the SA/WA region under the law of SA. The police officer may require the person to provide a blood sample under SA's drug-driving laws in WA.