Western Australian Current Acts Western Australian Current Acts (1) This section
applies if —
(a) a
police officer of the State —
(i)
suspects a person of having committed, or has alleged
that a person has committed, an offence under the law of the State; or
(ii)
suspects a person of having breached, or has alleged that
a person has breached, an order made under the law of the State;
and
(b) the
person has a connection with a cross-border region.
(2) A police officer
of the State may —
(a)
investigate the offence or breach in another participating jurisdiction; and
(b) for
that purpose, may exercise in that other jurisdiction any of the powers the
police officer has under the law of the State for the purpose of investigating
the offence or breach.
(3) Without affecting
subsection (2), those powers may include powers in relation to any of the
following —
(a)
interviewing people;
(b)
searching people;
(c)
taking photographs of people or parts of people’s bodies;
(d)
taking prints of parts of people’s bodies (for example, fingerprints,
handprints and footprints);
(e)
taking samples of things, and removing things, from the external and internal
parts of people’s bodies;
(f)
entering and searching places and vehicles;
(g)
taking photographs of places and vehicles;
(h)
inspecting, and taking extracts from or copies of, documents found at places
or in vehicles;
(i)
taking samples of things, and seizing things, from places
and vehicles;
(j)
carrying out warrants or orders authorising the police officer to do any of
the things referred to in paragraphs (a) to (i);
(k)
requiring people to assist the police officer to do any of the things referred
to in paragraphs (a) to (j).
(4) For the purpose of
the investigation of the offence or breach by a police officer of the State in
the State or another participating jurisdiction, a magistrate of the State
—
(a) may
issue in another participating jurisdiction a warrant or order under the law
of the State to be carried out in the State or another participating
jurisdiction; and
(b) for
that purpose, may exercise in that other jurisdiction any of the powers the
magistrate has under the law of the State for the purpose of issuing warrants
or orders for the purpose of the investigation by police officers of the State
of offences or breaches of orders.
(5) The law of the
State applies (with any appropriate modifications) in relation to the
investigation and the warrant or order.
Examples for this section:
1. A person is
suspected of committing an offence under WA law in the WA portion of the
WA/SA/NT region. A WA police officer may investigate the alleged offence
anywhere in WA, SA or the NT. For the purpose of the investigation of the
alleged offence, a WA magistrate anywhere in WA, SA or the NT may issue a
warrant to search premises anywhere in WA, SA or the NT.
2. A person is
arrested in the WA/SA region for an offence under WA law alleged to have been
committed in Kalgoorlie. A WA police officer may investigate the alleged
offence anywhere in WA or SA but not in the NT. For the purpose of the
investigation of the alleged offence, a WA magistrate anywhere in WA or SA may
issue a warrant to search premises anywhere in WA or SA but not in the NT. A
WA magistrate in the NT cannot issue a warrant.
3. A person is
suspected of committing an offence under WA law in the WA portion of the WA/NT
region and is subsequently arrested for the alleged offence in the WA/SA
region. A WA police officer may investigate the alleged offence anywhere in
WA, SA or the NT. For the purpose of the investigation of the alleged offence,
a WA magistrate anywhere in WA, SA or the NT may issue a warrant to search
premises anywhere in WA, SA or the NT.