South Australian Current Acts

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CROSS-BORDER JUSTICE ACT 2009 - SECT 50

50—Arrest under warrant

        (1)         A police officer of another participating jurisdiction may arrest a person in the State under a warrant if—

            (a)         under the law of that other jurisdiction, the police officer would have been able to arrest the person in that other jurisdiction under a warrant; and

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

        (2)         A magistrate of another participating jurisdiction

            (a)         may issue in the State a warrant for the arrest of a person under the law of that other jurisdiction if the person has a connection with a cross-border region; and

            (b)         for that purpose, may exercise in the State any of the powers the magistrate has under the law of that other jurisdiction for the purpose of issuing warrants for the arrest of persons.

        (3)         The law of the State does not apply in relation to the arrest or the warrant.

Examples—

1         A person is suspected of committing an offence under WA law in the WA portion of the SA/WA/NT region. A WA magistrate anywhere in SA may issue a warrant for the person's arrest. A WA police officer may arrest the person under the warrant anywhere in SA.

2         A person who ordinarily resides in the SA/NT region is suspected of committing an offence under NT law in Katherine. An NT magistrate anywhere in SA may issue a warrant for the person's arrest. An NT police officer may arrest the person under the warrant anywhere in SA.

3         A person who ordinarily resides in the SA/WA region is suspected of committing an offence under WA law in Kalgoorlie. A WA magistrate anywhere in SA may issue a warrant for the person's arrest. A WA police officer may arrest the person under the warrant anywhere in SA.



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