Western Australian Current Acts Western Australian Current Acts (1) This section
applies to a person who —
(a) is
suspected of having committed an offence under the law of a participating
jurisdiction; or
(b) is
alleged to have committed an offence under the law of a participating
jurisdiction; or
(c) has
been found guilty of an offence under the law of a participating jurisdiction.
(2) The person has a
connection with a cross-border region if —
(a) the
offence is suspected of having been committed, or is alleged or was found to
have been committed, in the region; or
(b) at
the time of the person’s arrest for the offence —
(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 offence is suspected of having been committed, or is
alleged or was found to have been committed, the person ordinarily resides or
resided in the region.
(3) For the purposes
of a proceeding of a prescribed court of a participating jurisdiction in
respect of the offence, 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.
Note for this section:
For the purpose of
deciding whether or not a person has committed an offence under the law of a
participating jurisdiction —
(a) if
the jurisdiction is the State — The Criminal Code section 12 applies; or
(b) if
the jurisdiction is South Australia — the
Criminal Law Consolidation Act 1935 (South Australia) section 5G applies; or
(c) if
the jurisdiction is the Northern Territory — the Criminal Code (Northern
Territory) section 15 applies.