Western Australian Current Acts Western Australian Current Acts (1) In this section
—
judicial body , of the State, means a court,
tribunal or other body or person that under the law of the State has judicial
or quasi judicial functions or otherwise acts judicially, and includes —
(a) a
Royal Commission under the Royal Commissions Act 1968 ; and
(b) the
Corruption and Crime Commission established under the
Corruption, Crime and Misconduct Act 2003 ;
proceedings , of a judicial body of the State,
includes anything done in the performance of the functions of the judicial
body.
(2) This section
applies in relation to a person in custody in a prison or detention centre in
another participating jurisdiction under the law of a participating
jurisdiction.
(3) If the person is
required or entitled to be present at proceedings of a judicial body of the
State —
(a) the
judicial body or a person constituting it for the proceedings; or
(b) an
officer of the judicial body authorised in accordance with its procedures; or
(c) the
person in charge of the prison or detention centre,
may, by written order,
direct that the person be brought up to the place named in the order.
(4) The order can only
be made if the person has a connection with a cross-border region that is
partly in the participating jurisdiction in which the person is in custody.
(5) If 2 or more
people constitute the judicial body for the proceedings, subsection (3)(a)
applies to each of them.
Note for this section:
The Prisons Act 1981
applies for the purpose of bringing up a person who is in custody in a prison
in the State under the law of a participating jurisdiction.
[Section 103 amended: No. 35 of 2014 s. 39.]