How this Act to be construed
6 How this Act to be construed
This Act is to be construed as enabling —
office holders and courts of the State and other persons to exercise powers they have under the law of the State within the geographical area of another participating jurisdiction; and
office holders and courts of another participating jurisdiction and other persons to exercise powers they have under the law of that other jurisdiction within the geographical area of the State.
Note for this Division:
A person who has a connection with a cross‑border region may be (but is not required to be) dealt with under the State’s cross‑border laws. In deciding whether or not to deal with the person under the State’s cross‑border laws, an office holder or prescribed court of the State will have regard to what best facilitates the administration of justice in the region. For example, if an offence is alleged to have been committed in the cross‑border region where the alleged offender and the witnesses to the alleged offence ordinarily reside, the administration of justice in that region is likely to be facilitated if the alleged offender is dealt with under the State’s cross‑border laws. The administration of justice is not likely to be facilitated in a cross‑border region if the alleged offender is arrested in the region but the offence is alleged to have been committed in, and the alleged offender and the witnesses to the alleged offence ordinarily reside in, Perth.
This Act’s bill:Explanatory memorandumSecond reading speech
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