Proceedings that may be heard in another participating jurisdiction
68 Proceedings that may be heard in another participating jurisdiction
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.
Any of the following proceedings of a prescribed court of the State may be heard and determined in another participating jurisdiction under subsection (1) —
in the criminal jurisdiction of the Magistrates Court under the Magistrates Court Act 2004 section 11;
in the criminal jurisdiction of the Children’s Court under the Children’s Court of Western Australia Act 1988 section 19;
under the Bail Act 1982;
under the Sentencing Act 1995;
under the Young Offenders Act 1994;
under the Restraining Orders Act 1997;
under the Firearms Act 2024 in respect of an order that may be made under section 369 of that Act;
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 —
the imposition or removal of a disqualification from holding or obtaining a driver’s licence;
an order for the issue of, for a change in the limitations and conditions of, or for the cancellation of, an extraordinary licence;
the impounding or confiscation of a vehicle;
the sale or disposal of an impounded or confiscated vehicle;
prescribed by the regulations.
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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