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s 21

Persons against whom orders of prescribed courts are in force

In force
Part 2Cross‑border regions
Division 2Connection with a cross‑border region

21 Persons against whom orders of prescribed courts are in force

(1)

This section applies to a person against whom an order made by a prescribed court of a participating jurisdiction is in force.

(2)

Subsections (3) and (4) apply if the person —

(a)

is suspected of having breached the order; or

(b)

is alleged to have breached the order; or

(c)

has been found to have breached the order.

(3)

The person has a connection with a cross‑border region if —

(a)

the breach is suspected of having occurred, or is alleged or was found to have occurred, in the region; or

(b)

at the time of the person’s arrest for the breach —

(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 breach is suspected of having occurred, or is alleged or was found to have occurred, the person ordinarily resides or resided in the region; or

(d)

at the time at which the order or a previous amendment or variation of the order was made, the person ordinarily resided in the region; or

(e)

the order or a previous amendment or variation of the order was made in, or another breach of the order has been the subject of, another proceeding of the court that was a cross‑border proceeding for the purposes of which the person had a connection with the region.

(4)

For the purposes of a proceeding of the court in respect of the breach, 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.

(5)

The person has a connection with a cross‑border region for the purposes of a proceeding of the court for the amendment, variation or revocation of the order if —

(a)

at the time at which the order or a previous amendment or variation of the order was made, the person ordinarily resided in the region; or

(b)

the order or a previous amendment or variation of the order was made in, or any breach of the order has been the subject of, another proceeding of the court that was a cross‑border proceeding for the purposes of which the person had a connection with the region; or

(c)

at the time at which the proceeding is heard, the person ordinarily resides in the region; or

(d)

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.

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Section 21 — Persons against whom orders of prescribed courts are in force — Cross-border Justice Act 2008 (Western Australia) — Barrister AI