1Citation
These regulations are the Cross-border Justice Regulations 2009 1.
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Bill homepageThese regulations are the Cross-border Justice Regulations 2009 1.
These regulations come into operation as follows —
Part 3 Divisions 4 and 22 — on the day on which the Cross‑border Justice Act 2008 sections 67(b), 68(2)(b) and (e), 108, 110, 117, 119 and 137 and Part 15 Division 1 come into operation;
the rest of the regulations — on the day on which the Cross‑border Justice Act 2008 section 146 comes into operation 1.
The WA/SA/NT region is a cross‑border region that —
straddles the State’s borders with South Australia and the Northern Territory; and
is bounded by a line described in Schedule 1 Part A.
The map in Schedule 1 Part B is indicative of the areas in the WA/SA/NT region in respect of which police officers of participating jurisdictions may be stationed or carry out duties.
If a term is given a meaning in section 7 of the Act, it has the same meaning in a modification prescribed by these regulations unless the contrary intention appears in the modification.
Notes for this Division:
1. Under section 14 of the Act, in order to give effect to the Act, a law of the State must be applied with the modifications prescribed by these regulations as if the law had been altered in that way.
2. If a modification is to replace or insert a numbered provision, the new provision is identified by the superscript 1M appearing after the provision number. If a modification is to replace or insert a definition, the new definition is identified by the superscript 1M appearing after the defined term.
This Division prescribes modifications to the Aboriginal Affairs Planning Authority Act 1972.
In section 48 after “any court” insert:
(including cross‑border proceedings of a prescribed court of the State)
This Division prescribes modifications to the Bail Act 1982.
In section 3(1) delete the definitions of:
authorised police officer
court custody centre
judicial officer
lock‑up
In section 3(1) insert in alphabetical order:
authorised police officer 1M means —
a police officer of the State who —
holds the rank of sergeant or a higher rank; or
is for the time being in charge of a police station or lock‑up in the State;
or
a police officer of another participating jurisdiction —
who —
holds the rank of sergeant or a higher rank; or
is for the time being in charge of a police station or lock‑up in that other jurisdiction;
and
who holds a secondary office as a police officer of the State;
court custody centre 1M —
has the meaning given in the Court Security and Custodial Services Act 1999 section 3; and
includes a part of court premises in another participating jurisdiction, other than the dock in a courtroom —
that is set aside as a place where persons in custody are detained; and
that is not accessible to the members of the public without permission of the person in charge of the place;
judicial officer 1M —
means any person empowered to exercise jurisdiction in a court whether or not he is sitting as a court; and
includes —
a single justice; and
a magistrate of the State sitting in another participating jurisdiction; and
where the context so requires, the Court of Appeal exercising jurisdiction under this Act;
justice 1M, except in section 26, includes a magistrate of the State in another participating jurisdiction;
lock‑up 1M includes —
a place prescribed as a lock‑up for the purposes of the Court Security and Custodial Services Act 1999; and
a place in another participating jurisdiction that is a lock‑up under the law of that other jurisdiction;
place 1M includes a place in another participating jurisdiction;
prison 1M includes a prison in another participating jurisdiction;
After section 4 insert:
4AA. 1M Application to accused in participating jurisdiction
This Act applies in relation to an accused in a participating jurisdiction who has a connection with a cross‑border region.
In Schedule 1 Part D clause 2(1a)(d) delete “institution; or” and insert:
institution (which may be in another participating jurisdiction); or
Delete Schedule 1 Part D clause 2(3a)(a) and insert:
1M that the accused be assessed, either by a medical practitioner or an authorised mental health practitioner (as defined in the Mental Health Act 2014 section 4) for the purpose of deciding whether to make a referral under section 26 of that Act and that Act applies accordingly;
1M that the accused be examined by a medical practitioner or authorised health professional under the Mental Health Act 2009 (South Australia) for the purpose of deciding whether to make an order under section 10(1) or 21(1) of that Act and that Act applies accordingly;
1M that the accused be assessed by a medical practitioner, authorised psychiatric practitioner or designated mental health practitioner under the Mental Health and Related Services Act 1998 (Northern Territory) for the purpose of deciding whether to make a recommendation under section 34(1) of that Act and that Act applies accordingly;
In Schedule 1 Part D clause 2(3a)(b) delete “hospital (as defined in the Mental Health Act 2014 section 4);”and insert:
hospital;
In Schedule 1 Part D clause 2(4) after “place” insert:
(which may be in another participating jurisdiction)
Delete Schedule 1 Part D clause 2(7) and insert:
1M In this clause, unless the contrary intention appears —
authorised hospital 1M means —
an authorised hospital as defined in the Mental Health Act 2014 section 4; or
an approved treatment centre as defined in the Mental Health Act 2009 (South Australia) section 3(1); or
an approved treatment facility as defined in the Mental Health and Related Services Act 1998 (Northern Territory) section 4;
medical practitioner 1M means a person registered under the Health Practitioner Regulation National Law (Western Australia), the Health Practitioner Regulation National Law (South Australia) or the Health Practitioner Regulation National Law (NT) in the medical profession;
psychiatrist 1M means —
a psychiatrist as defined in the Mental Health Act 2014 section 4; or
a psychiatrist as defined in the Mental Health Act 2009 (South Australia) section 3(1); or
a person who holds an appointment, or may be appointed, as an authorised psychiatric practitioner under the Mental Health and Related Services Act 1998 (Northern Territory) section 22.
[Regulation 10 amended: Gazette 29 Dec 2015 p. 5175‑6; 9 Mar 2018 p. 801‑2; SL 2020/164 r. 8.]
In Schedule 1 Part D clause 3(3) delete paragraph (b).
This Division prescribes modifications to the Children’s Court of Western Australia Act 1988.
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