Investigation of suspected or alleged offence or breach of order
35 Investigation of suspected or alleged offence or breach of order
This section applies if —
a police officer of the State —
suspects a person of having committed, or has alleged that a person has committed, an offence under the law of the State; or
suspects a person of having breached, or has alleged that a person has breached, an order made under the law of the State;
and
the person has a connection with a cross‑border region.
A police officer of the State may —
investigate the offence or breach in another participating jurisdiction; and
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.
Without affecting subsection (2), those powers may include powers in relation to any of the following —
interviewing people;
searching people;
taking photographs of people or parts of people’s bodies;
taking prints of parts of people’s bodies (for example, fingerprints, handprints and footprints);
taking samples of things, and removing things, from the external and internal parts of people’s bodies;
entering and searching places and vehicles;
taking photographs of places and vehicles;
inspecting, and taking extracts from or copies of, documents found at places or in vehicles;
taking samples of things, and seizing things, from places and vehicles;
carrying out warrants or orders authorising the police officer to do any of the things referred to in paragraphs (a) to (i);
requiring people to assist the police officer to do any of the things referred to in paragraphs (a) to (j).
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 —
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
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.
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.
This Act’s bill:Explanatory memorandumSecond reading speech
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