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This is the Cross-border Justice Act 2008.
This Act comes into operation as follows:
sections 1 and 2 — on the day on which this Act receives the Royal Assent;
the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.
This Act binds the State and, so far as the legislative power of the State permits, the Crown in all its other capacities.
This Act gives effect to one or more cooperative schemes between the State and one or both of the other participating jurisdictions for the purpose of facilitating the administration of justice in one or more cross‑border regions.
The object of this Act is to facilitate the administration of justice in the cross‑border regions.
The object is to be achieved mainly by enabling the following things to be done —
police officers, magistrates and other office holders of the State to exercise their powers under the law of the State in another participating jurisdiction;
police officers, magistrates and other office holders of the State to hold offices and exercise powers under the law of another participating jurisdiction;
police officers, magistrates and other office holders of another participating jurisdiction to exercise their powers under the law of that other jurisdiction in the State;
police officers, magistrates and other office holders of another participating jurisdiction to hold offices and exercise powers under the law of the State;
the courts of summary jurisdiction of the State to hear and determine proceedings, and to otherwise exercise their jurisdiction and powers under the law of the State, in another participating jurisdiction;
the sentences, orders and other decisions made by those courts under the law of the State to be served, carried out or otherwise given effect to by persons in another participating jurisdiction;
the courts of summary jurisdiction of another participating jurisdiction to hear and determine proceedings, and to otherwise exercise their jurisdiction and powers under the law of that other jurisdiction, in the State;
the sentences, orders and other decisions made by those courts under the law of that other jurisdiction to be served, carried out or otherwise given effect to by persons in the State;
any other persons who are required under the law of the State to do things to do those things in another participating jurisdiction;
any other persons who are required under the law of another participating jurisdiction to do things to do those things in the State.
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.
In this Act, unless the contrary intention appears —
another participating jurisdiction means —
South Australia; or
the Northern Territory;
appropriate modifications —
of a law of the State — has the meaning given in section 13; or
of a law of another participating jurisdiction — means appropriate modifications of that law under that other jurisdiction’s cross‑border laws;
arrest includes to apprehend and to take into custody;
authorised officer, of a participating jurisdiction, means —
a police officer of the jurisdiction; or
an office holder of the jurisdiction who is prescribed by the regulations;
bring up order, of a participating jurisdiction, means —
if the jurisdiction is the State —
an order made under the Prisons Act 1981 section 85; or
an order made under section 103; or
any other order made under the law of the State directing that a person who is in custody be brought before a judicial body as defined in section 103(1);
or
if the jurisdiction is another participating jurisdiction — a bring up order of that other jurisdiction under its cross‑border laws;
carry out, an order, includes to comply with the requirements of, and to perform the obligations under, the order;
CEO (corrections) means the holder of the office of chief executive officer of the Public Sector agency principally assisting the Minister to whom the administration of the Sentence Administration Act 2003 Part 8 is committed in its administration;
community corrections officer, of a participating jurisdiction, means —
if the jurisdiction is the State — a community corrections officer as defined in the Sentence Administration Act 2003 section 4(2) as modified by the regulations; or
if the jurisdiction is another participating jurisdiction — a community corrections officer of that other jurisdiction under its cross‑border laws;
Note for this definition:
The definition of community corrections officer is affected by section 10.
confiscation includes forfeiture;
connection with a cross‑border region has the meaning given in Part 2 Division 2;
court document, of a prescribed court of a participating jurisdiction, means a document that is lodged, served or issued in a cross‑border proceeding of the court;
cross‑border jurisdiction, of a prescribed court of a participating jurisdiction, means the court’s jurisdiction in relation to a cross‑border proceeding of the court;
cross‑border laws, of a participating jurisdiction, has the meaning given in section 8;
cross‑border proceeding, of a prescribed court of a participating jurisdiction, means —
if the court is a prescribed court of the State — a proceeding of the court referred to in section 68(2) that may be heard and determined by that court in another participating jurisdiction under section 68(1); or
if the court is a prescribed court of another participating jurisdiction — a cross‑border proceeding of that court under that other jurisdiction’s cross‑border laws;
cross‑border region has the meaning given in section 19;
custodial order, of a participating jurisdiction, means —
if the jurisdiction is the State —
a warrant of commitment issued under section 99; or
a remand warrant issued under section 101; or
a bring up order of the State;
or
if the jurisdiction is another participating jurisdiction — a custodial order of that other jurisdiction under its cross‑border laws;
detention centre, in a participating jurisdiction, means —
if the jurisdiction is the State — a detention centre as defined in the Young Offenders Act 1994 section 3; or
if the jurisdiction is another participating jurisdiction — a detention centre in that other jurisdiction under its cross‑border laws;
drink or drug‑driving laws, of a participating jurisdiction, means the provisions of the law of the jurisdiction relating to a person driving or attempting to drive a vehicle —
while under the influence of or impaired by alcohol, drugs or both; or
while alcohol, drugs or both are present in the person’s oral fluid or blood;
Note for this definition:
The definition of drink or drug‑driving laws is affected by subsection (2).
drink or drug‑driving offence, under the law of a participating jurisdiction, means an offence under the law of the jurisdiction the elements of which include a person driving or attempting to drive a vehicle —
while under the influence of or impaired by alcohol, drugs or both; or
while alcohol, drugs or both are present in the person’s oral fluid or blood;
Note for this definition:
The definition of drink or drug‑driving offence is affected by subsection (2).
exercise, a power, includes to perform a function or duty;
juvenile justice officer, of a participating jurisdiction, means —
if the jurisdiction is the State — a juvenile justice officer as defined in the Young Offenders Act 1994 section 3 as modified by the regulations; or
if the jurisdiction is another participating jurisdiction — a juvenile justice officer of that other jurisdiction under its cross‑border laws;
Note for this definition:
The definition of juvenile justice officer is affected by section 10.
lodge, a document, includes to file a document;
magistrate, of a participating jurisdiction, means —
if the jurisdiction is the State — a magistrate of a prescribed court of the State; or
if the jurisdiction is another participating jurisdiction —
in the case of South Australia — a magistrate of South Australia under its cross‑border laws; or
in the case of the Northern Territory — a Local Court Judge of the Northern Territory under its cross‑border laws;
Note for this definition:
The definition of magistrate is affected by section 10.
non‑custodial order, of a participating jurisdiction, means —
if the jurisdiction is the State —
a sentence imposed on, or an order made against, a person in respect of an offence or alleged offence under the law of the State, other than a sentence or order requiring the person to be kept in custody or to pay a fine; or
an early release order as defined in the Sentence Administration Act 2003 section 4(2); or
an order to attend for work and development issued under the Fines, Penalties and Infringement Notices Enforcement Act 1994 section 47; or
a work and development order made under section 48 of that Act;
or
if the jurisdiction is another participating jurisdiction — a non‑custodial order of that other jurisdiction under its cross‑border laws;
office holder, of a participating jurisdiction, means —
if the jurisdiction is the State — a person who holds an office under the law of the State; or
if the jurisdiction is another participating jurisdiction — a person who holds an office under the law of that other jurisdiction;
Note for this definition:
The definition of office holder is affected by sections 9 and 10.
participating jurisdiction means —
the State; or
another participating jurisdiction;
police officer, of a participating jurisdiction, means —
if the jurisdiction is the State —
a person who holds office under the Police Act 1892 Part I as a member of the Police Force of Western Australia; or
a person who holds office under the Police Act 1892 Part III as a special constable; or
a person who holds office under the Police Act 1892 Part IIIA as an Aboriginal police liaison officer; or
a person who holds office under the Police Act 1892 Part IIIB as a police auxiliary officer;
or
if the jurisdiction is another participating jurisdiction — a police officer of that other jurisdiction under its cross‑border laws;
Note for this definition:
The definition of police officer is affected by section 10.
power includes a function and a duty;
preliminary alcohol or drug test, under a participating jurisdiction’s drink or drug‑driving laws, means a test that may be conducted under those laws for the purpose of providing a preliminary indication of whether or not alcohol, drugs or both are present in the blood of the driver or person in charge of a vehicle;
prescribed court, of a participating jurisdiction, means —
if the jurisdiction is the State —
the Magistrates Court; or
the Children’s Court other than when constituted by or so as to include a judge;
or
if the jurisdiction is another participating jurisdiction — a prescribed court of that other jurisdiction under its cross‑border laws;
prison, in a participating jurisdiction, means —
if the jurisdiction is the State — a prison as defined in the Prisons Act 1981 section 3(1); or
if the jurisdiction is another participating jurisdiction — a prison in that other jurisdiction under its cross‑border laws;
registrar, of a prescribed court of a participating jurisdiction, means —
if the court is a prescribed court of the State — a person who holds office as a registrar or deputy registrar of the court; or
if the court is a prescribed court of another participating jurisdiction — a registrar of that court under that other jurisdiction’s cross‑border laws;
remand facility, in a participating jurisdiction, means a police station, lock up, prison, detention centre or other place in the jurisdiction in which persons on remand may be kept in custody;
restraining order, of a participating jurisdiction, means —
if the jurisdiction is the State — a restraining order or police order as respectively defined in the Restraining Orders Act 1997 section 3; or
if the jurisdiction is another participating jurisdiction — a restraining order of that other jurisdiction under its cross‑border laws;
restraining orders laws, of a participating jurisdiction, means —
if the jurisdiction is the State — the Restraining Orders Act 1997; or
if the jurisdiction is another participating jurisdiction — the restraining orders laws of that other jurisdiction under its cross‑border laws;
secondary office has the meaning given in section 131(2);
secondary office holder has the meaning given in section 131(1);
subsidiary legislation, of a participating jurisdiction, means —
if the jurisdiction is the State — subsidiary legislation as defined in the Interpretation Act 1984 section 5; or
if the jurisdiction is another participating jurisdiction — an instrument made under any written law of that other jurisdiction and having legislative effect;
take action means to do an act or make an omission;
vehicle impounding laws, of a participating jurisdiction, means the provisions of the law of the jurisdiction relating to the impounding or confiscation of vehicles used in connection with driving offences under the law of the jurisdiction;
vehicle or driver licensing laws, of a participating jurisdiction, means the provisions of the law of the jurisdiction relating to the licensing of vehicles or drivers;
written law, of a participating jurisdiction, means —
if the jurisdiction is the State — a written law as defined in the Interpretation Act 1984 section 5; or
if the jurisdiction is another participating jurisdiction —
an Act of that other jurisdiction for the time being in force; or
any subsidiary legislation of that other jurisdiction for the time being in force.
In paragraph (b) of the definitions of drink or drug‑driving laws and drink or drug‑driving offence, the reference to the presence of alcohol in a person’s oral fluid or blood includes a reference to the presence of a quantity of alcohol in the person’s oral fluid or blood that equals or exceeds a specified quantity.
[Section 7 amended: No. 42 of 2009 s. 17; No. 1 of 2010 s. 4; No. 25 of 2020 s. 111; No. 14 of 2025 s. 18(2).]
The following laws are the State’s cross‑border laws —
this Act;
any other written law of the State that makes express provision in order to give effect to this Act;
any other law of the State with any appropriate modifications;
any other law of the State to the extent its application is necessary to give effect to a law referred to in paragraph (a), (b) or (c).
The following laws are South Australia’s cross‑border laws —
the Cross‑border Justice Act 2009 (South Australia);
any subsidiary legislation made under that Act;
any other written law of South Australia that makes express provision in order to give effect to that Act;
any other law of South Australia with any appropriate modifications;
any other law of South Australia to the extent its application is necessary to give effect to a law referred to in paragraph (a), (b), (c) or (d).
The following laws are the Northern Territory’s cross‑border laws —
the Cross‑border Justice Act 2009 (Northern Territory);
any subsidiary legislation made under that Act;
any other written law of the Northern Territory that makes express provision in order to give effect to that Act;
any other law of the Northern Territory with any appropriate modifications;
any other law of the Northern Territory to the extent its application is necessary to give effect to a law referred to in paragraph (a), (b), (c) or (d).
[Section 8 amended: No. 1 of 2010 s. 5; No. 25 of 2020 s. 117.]
For the purposes of the State’s cross‑border laws, a person on whom a power is conferred under the law of a participating jurisdiction is taken to hold an office under that law.
Examples for this section:
1. Under the Court Security and Custodial Services Act 1999, a contractor may exercise powers to fulfil a contract for the provision of court security or custodial services. The contractor is taken to be, but is not appointed as, an officer of the court.
2. Under the Young Offenders Act 1994, an officer of the Department of Corrective Services may exercise powers in relation to young offenders. The officer’s local designation is, but the officer does not hold the office of, juvenile justice officer.
3. Under section 105, an authorised officer of SA or the NT may carry out a custodial order of the State but is not appointed as an authorised officer of the State.
In this Act, unless the contrary intention appears, a reference to an office holder (however described) of a participating jurisdiction includes a reference to a person who holds an office under the law of the jurisdiction as a secondary office holder.
In this Act, unless the contrary intention appears, a reference to an office holder (however described) of another participating jurisdiction whose office no longer exists is read as a reference to an office holder of that other jurisdiction who for the time being has the powers of that office.
In this section —
amended —
means replaced, substituted (in whole or in part), added to or varied; and
includes any 2 or more of those things done simultaneously or by the same written law.
A reference in this Act to a written law of another participating jurisdiction, or to a provision of such a law, is read as including a reference to the law or provision as amended from time to time.
A note or example set out at the foot of a provision of this Act is provided to assist understanding and does not form part of this Act.