South Australian Current Acts South Australian Current Acts68—Proceedings that may be heard in another participating jurisdiction
(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 of South Australia;
(b) in
the criminal jurisdiction of the Youth Court of South Australia;
(c)
under the Bail Act 1985 ;
(d)
under the Sentencing Act 2017 ;
(e)
under the Young Offenders Act 1993 ;
(f)
under the Intervention Orders (Prevention of Abuse) Act 2009 ;
(g)
under the Summary Procedure Act 1921 ;
(h)
under the Firearms Act 2015 ;
(i)
under the Motor Vehicles Act 1959 ;
(j)
under the Road Traffic Act 1961 in respect of the imposition or removal
of a disqualification from holding or obtaining a driver's licence;
(k)
under the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles)
Act 2007 ;
(l)
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.
(4) For the purposes
of this section, a reference to a prescribed court includes a reference to a
member or registrar of a prescribed court exercising a power or function under
or for the purposes of an Act referred to in subsection (2).
Examples—
1 A person is charged with an offence under SA law
alleged to have been committed in the SA portion of the SA/WA/NT region. The
charge may be heard by an SA magistrate sitting anywhere in SA, WA or the NT.
2 A person who ordinarily resides in the SA/WA
region is charged with an offence under SA law alleged to have been committed
in Port Augusta. The charge may be heard by an SA magistrate sitting anywhere
in SA or WA but not in the NT.
3 A person is arrested in the SA/WA/NT region for
an offence under SA law alleged to have been committed in Adelaide (the
"SA/WA/NT charge"). The person also has an outstanding charge for an offence
under SA law alleged to have been committed in the SA portion of the SA/NT
region (the "SA/NT charge ). The SA/WA/NT charge may be heard by an SA
magistrate sitting anywhere in SA, WA or the NT. The SA/NT charge may be heard
by an SA magistrate sitting anywhere in SA or the NT. It may also be heard by
an SA magistrate sitting anywhere in WA, but only if it is heard with the
SA/WA/NT charge.