Western Australian Current Acts Western Australian Current Acts (1) A prescribed court
of the State may hear and determine a proceeding referred to in subsection (2)
in another participating jurisdiction if the person who is the subject of the
proceeding has a connection with a cross-border region for the purposes of the
proceeding.
(2) Any of the
following proceedings of a prescribed court of the State may be heard and
determined in another participating jurisdiction under subsection (1) —
(a) in
the criminal jurisdiction of the Magistrates Court under the
Magistrates Court Act 2004 section 11;
(b) in
the criminal jurisdiction of the Children’s Court under the
Children’s Court of Western Australia Act 1988 section 19;
(c)
under the Bail Act 1982 ;
(d)
under the Sentencing Act 1995 ;
(e)
under the Young Offenders Act 1994 ;
(f)
under the Restraining Orders Act 1997 ;
(g)
under the Firearms Act 2024 in respect of an order that may be made under
section 369 of that Act;
(h)
under any enactment referred to in paragraph (a) of the definition of road
traffic laws in section 138(1) in respect of any of the following —
(i)
the imposition or removal of a disqualification from
holding or obtaining a driver’s licence;
(ii)
an order for the issue of, for a change in the
limitations and conditions of, or for the cancellation of, an extraordinary
licence;
(iii)
the impounding or confiscation of a vehicle;
(iv)
the sale or disposal of an impounded or confiscated
vehicle;
(i)
prescribed by the regulations.
(3) To avoid doubt, a
prescribed court of the State can only hear and determine in another
participating jurisdiction a proceeding that the court can hear and determine
in the State.
Examples for this section:
1. A person is charged
with an offence under WA law alleged to have been committed in the WA portion
of the WA/SA/NT region. The charge may be heard by a WA magistrate sitting
anywhere in WA, SA or the NT.
2. A person who
ordinarily resides in the WA/SA region is charged with an offence under WA law
alleged to have been committed in Kalgoorlie. The charge may be heard by a WA
magistrate sitting anywhere in WA or SA but not in the NT.
3. A person is
arrested in the WA/SA/NT region for an offence under WA law alleged to have
been committed in Perth (the WA/SA/NT charge ). The person also has an
outstanding charge for an offence under WA law alleged to have been committed
in the WA portion of the WA/NT region (the WA/NT charge ). The WA/SA/NT charge
may be heard by a WA magistrate sitting anywhere in WA, SA or the NT. The
WA/NT charge may be heard by a WA magistrate sitting anywhere in WA or the NT.
It may also be heard by a WA magistrate sitting anywhere in SA, but only if it
is heard with the WA/SA/NT charge.
[Section 68 amended: No. 8 of 2012 s. 84; No. 23
of 2024 s. 463.]