Investigation of suspected or alleged offence or breach of order
55 Investigation of suspected or alleged offence or breach of order
This section applies if —
a police officer of another participating jurisdiction (the investigating jurisdiction) —
suspects a person of having committed, or has alleged that a person has committed, an offence under the law of the investigating jurisdiction; or
suspects a person of having breached, or has alleged that a person has breached, an order made under the law of the investigating jurisdiction;
and
the person has a connection with a cross‑border region.
A police officer of the investigating jurisdiction may —
investigate the offence or breach in the State; and
for that purpose, may exercise in the State any of the powers the police officer has under the law of the investigating jurisdiction for the purpose of investigating the offence or breach.
Without affecting subsection (2), those powers may include powers the police officer has 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 investigating jurisdiction in the State or another participating jurisdiction, a magistrate of the investigating jurisdiction —
may issue in the State a warrant or order under the law of the investigating jurisdiction to be carried out in the State or another participating jurisdiction; and
for that purpose, may exercise in the State any of the powers the magistrate has under the law of the investigating jurisdiction for the purpose of issuing warrants or orders for the purpose of the investigation by police officers of that jurisdiction of offences or breaches of orders.
The law of the State does not apply in relation to the investigation or the warrant or order.
Examples for this section:
1. A person is suspected of committing an offence under SA law in the SA portion of the WA/SA/NT region. An SA police officer may investigate the alleged offence anywhere in WA. For the purpose of the investigation of the alleged offence, an SA magistrate anywhere in WA may issue a warrant to search premises anywhere in WA, SA or the NT.
2. A person is arrested in the WA/NT region for an offence under NT law alleged to have been committed in Katherine. An NT police officer may investigate the alleged offence anywhere in WA. For the purpose of the investigation of the alleged offence, an NT Local Court Judge anywhere in WA may issue a warrant to search premises anywhere in WA or the NT but not in SA.
3. A person who ordinarily resides in the WA/SA region is suspected of committing an offence under SA law in Port Augusta. An SA police officer may investigate the alleged offence in WA. For the purpose of the investigation of the alleged offence, an SA magistrate anywhere in WA may issue a warrant to search premises anywhere in WA or SA but not in the NT.
[Section 55 amended: No. 1 of 2010 s. 9; No. 14 of 2025 s. 18(3).]
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