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s 68

Proceedings that may be heard in another participating jurisdiction

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Part 5Prescribed courts of State exercising cross‑border jurisdiction
Division 2Jurisdiction and powers of courts

68 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 under the Magistrates Court Act 2004 section 11;

(b)

in the criminal jurisdiction of the Children’s Court under the Children’s Court of Western Australia Act 1988 section 19;

(c)

under the Bail Act 1982;

(d)

under the Sentencing Act 1995;

(e)

under the Young Offenders Act 1994;

(f)

under the Restraining Orders Act 1997;

(g)

under the Firearms Act 2024 in respect of an order that may be made under section 369 of that Act;

(h)

under any enactment referred to in paragraph (a) of the definition of road traffic laws in section 138(1) in respect of any of the following —

(i)

the imposition or removal of a disqualification from holding or obtaining a driver’s licence;

(ii)

an order for the issue of, for a change in the limitations and conditions of, or for the cancellation of, an extraordinary licence;

(iii)

the impounding or confiscation of a vehicle;

(iv)

the sale or disposal of an impounded or confiscated vehicle;

(i)

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.

Examples for this section:

1. A person is charged with an offence under WA law alleged to have been committed in the WA portion of the WA/SA/NT region. The charge may be heard by a WA magistrate sitting anywhere in WA, SA or the NT.

2. A person who ordinarily resides in the WA/SA region is charged with an offence under WA law alleged to have been committed in Kalgoorlie. The charge may be heard by a WA magistrate sitting anywhere in WA or SA but not in the NT.

3. A person is arrested in the WA/SA/NT region for an offence under WA law alleged to have been committed in Perth (the WA/SA/NT charge). The person also has an outstanding charge for an offence under WA law alleged to have been committed in the WA portion of the WA/NT region (the WA/NT charge). The WA/SA/NT charge may be heard by a WA magistrate sitting anywhere in WA, SA or the NT. The WA/NT charge may be heard by a WA magistrate sitting anywhere in WA or the NT. It may also be heard by a WA magistrate sitting anywhere in SA, but only if it is heard with the WA/SA/NT charge.

[Section 68 amended: No. 8 of 2012 s. 84; No. 23 of 2024 s. 463.]

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