{"id":"crossborder-justice-act-2009","name":"Cross-border Justice Act 2009","slug":"cross-border-justice-act-2009","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29996,"registerId":"nt-crossborder-justice-act-2009-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Cross-border Justice Act 2009.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act commences on the date fixed by the Administrator by\nGazette notice.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Act binds Crown","content":"3 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Act gives effect to cooperative schemes","content":"4 Act gives effect to cooperative schemes\nThis Act gives effect to 1 or more cooperative schemes between\nthe Territory and 1 or both of the other participating jurisdictions for\nfacilitating the administration of justice in 1 or more cross-border\nregions.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Object and achievement of Act","content":"5 Object and achievement of Act\n(1) The object of this Act is to facilitate the administration of justice in\nthe cross-border regions.\n\nCross-border Justice Act 2009 2\n(2) The object is to be achieved mainly by enabling the following things\nto be done:\n(a) police officers, Local Court Judges and other office holders of\nthe Territory to exercise their powers under the law of the\nTerritory in another participating jurisdiction;\n(b) police officers, Local Court Judges and other office holders of\nthe Territory to hold offices and exercise powers under the law\nof another participating jurisdiction;\n(c) police officers, magistrates and other office holders of another\nparticipating jurisdiction to exercise their powers under the law\nof the other jurisdiction in the Territory;\n(d) police officers, magistrates and other office holders of another\nparticipating jurisdiction to hold offices and exercise powers\nunder the law of the Territory;\n(e) prescribed courts of the Territory to hear and determine\nproceedings, and to otherwise exercise their jurisdiction and\npowers under the law of the Territory, in another participating\n(f) the sentences, orders and other decisions made by those\ncourts under the law of the Territory to be served, carried out\nor otherwise given effect to by persons in another participating\n(g) the courts of summary jurisdiction of another participating\njurisdiction to hear and determine proceedings, and to\notherwise exercise their jurisdiction and powers under the law\nof the other jurisdiction, in the Territory;\n(h) the sentences, orders and other decisions made by those\ncourts under the law of the other jurisdiction to be served,\ncarried out or otherwise given effect to by persons in the\nTerritory;\n(i) any other persons who are required under the law of the\nTerritory to do things to do the things in another participating\n(j) any other persons who are required under the law of another\nparticipating jurisdiction to do things to do the things in the\n\nCross-border Justice Act 2009 3\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"How this Act is to be construed","content":"6 How this Act is to be construed\nThis Act is to be construed as enabling:\n(a) office holders and courts of the Territory and other persons to\nexercise powers they have under the law of the Territory\nwithin the geographical area of another participating\n(b) office holders and courts of another participating jurisdiction\nand other persons to exercise powers they have under the law\nof the other jurisdiction within the geographical area of the\nNote for Division 2\nA person who has a connection with a cross-border region may be (but is not\nrequired to be) dealt with under the Territory's cross-border laws. In deciding\nwhether or not to deal with the person under the Territory's cross-border laws, an\noffice holder or prescribed court of the Territory will have regard to what best\nfacilitates the administration of justice in the region.\nIf, for example, an offence is alleged to have been committed in the cross-border\nregion where the alleged offender and the witnesses to the alleged offence\nordinarily reside, dealing with the offender under the Territory's cross-border laws\nis likely to facilitate the administration of justice in the region.\nHowever, the administration of justice is not likely to be facilitated in a cross-\nborder region if the alleged offender is arrested in the region but the offence is\nalleged to have been committed in, and the alleged offender and the witnesses to\nthe alleged offence ordinarily reside in, Darwin.\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Definitions","content":"7 Definitions\n(1) In this Act:\nanother participating jurisdiction means:\n(a) South Australia; or\n(b) Western Australia.\nappropriate modifications:\n(a) of a law of the Territory – see section 13; or\n(b) of a law of another participating jurisdiction – means\nappropriate modifications of the law under the jurisdiction's\ncross-border laws.\narrest includes to apprehend and to take into custody.\n\nCross-border Justice Act 2009 4\nauthorised officer, of a participating jurisdiction, means:\n(a) a police officer of the jurisdiction; or\n(b) an office holder of the jurisdiction prescribed by regulation.\nbring up order, of a participating jurisdiction, means:\n(ii) an order made under section 102 of this Act; or\n(iii) another order made under the law of the Territory\ndirecting that a person who is in custody be brought\nbefore a judicial body as defined in section 102(5); or\n(b) for another participating jurisdiction – a bring up order of the\ncarry out, an order, includes to comply with the requirements of,\nand to perform the obligations under, the order.\nconnection with a cross-border region, see Part 2, Division 2.\ncommunity corrections officer, of a participating jurisdiction,\n(i) a probation and parole officer as defined in section 4 of\nthe Correctional Services Act 2014; or\n(iii) a juvenile justice officer for the Territory; or\n(b) for another participating jurisdiction – a community corrections\nofficer of the other jurisdiction under its cross-border laws.\nNote\ncourt document, of a prescribed court of a participating\njurisdiction, means a document that is filed, served or issued in a\ncross-border proceeding of the court.\ncross-border jurisdiction, of a prescribed court of a participating\njurisdiction, means the court's jurisdiction in relation to a\ncross-border proceeding of the court.\ncross-border laws, of a participating jurisdiction, see section 8.\n\nCross-border Justice Act 2009 5\ncross-border proceeding, of a prescribed court of a participating\njurisdiction, means:\n(a) for a prescribed court of the Territory – a proceeding of the\ncourt mentioned in section 68(2) that may be heard and\ndetermined by the court in another participating jurisdiction\nunder section 68(1); or\n(b) for a prescribed court of another participating jurisdiction – a\ncross-border proceeding of that court under the jurisdiction's\ncross-border laws.\ncross-border region, see section 19.\ncustodial order, of a participating jurisdiction, means:\n(i) a warrant of commitment issued under section 98; or\n(ii) a remand warrant issued under section 100; or\n(iii) a bring up order of the Territory; or\n(b) for another participating jurisdiction – a custodial order of the\ndetention centre, in a participating jurisdiction, means:\n(a) for the Territory – a detention centre as defined in section 5(1)\nof the Youth Justice Act 2005; or\n(b) for another participating jurisdiction – a detention centre in the\ndrink or drug-driving laws, of a participating jurisdiction, means\nthe provisions of the law of the jurisdiction relating to a person\ndriving or attempting to drive a vehicle:\n(a) while under the influence of or impaired by alcohol, drugs or\nboth; or\n(b) while alcohol, drugs or both are present in the person's oral\nfluid or blood.\nNote\nThis definition is affected by subsection (2).\n\nCross-border Justice Act 2009 6\ndrink or drug-driving offence, under the law of a participating\njurisdiction, means an offence under the law of the jurisdiction the\nelements of which include a person driving or attempting to drive a\nvehicle:\n(a) while under the influence of or impaired by alcohol, drugs or\nboth; or\n(b) while alcohol, drugs or both are present in the person's oral\nfluid or blood.\nNote\nThis definition is affected by subsection (2).\nexercise, a power, includes to perform a function or duty.\nfile, a document, includes lodge the document.\nforfeiture includes confiscation.\njuvenile justice officer, of a participating jurisdiction, means:\n(a) for the Territory – a community youth justice officer as defined\nin section 5(1) of the Youth Justice Act 2005; or\n(b) for another participating jurisdiction – a juvenile justice officer\nof the jurisdiction under its cross-border laws.\nLocal Court Judge, for the Territory, means a Local Court Judge\nof the Territory.\nmagistrate, for another participating jurisdiction, means a\nmagistrate of the jurisdiction under its cross-border laws.\nNote for definition magistrate\nnon-custodial order, of a participating jurisdiction, means:\n(i) a sentence imposed on, or an order made against, a\nperson in relation to an offence or alleged offence under\nthe law of the Territory, other than a sentence or order\nrequiring the person to be kept in custody or to pay a\nfine; or\n(ii) a community work order made under section 77 of the\nFines and Penalties (Recovery) Act 2001; or\n\nCross-border Justice Act 2009 7\n(iii) an order prescribed by regulation; or\n(b) for another participating jurisdiction – a non-custodial order of\nthe jurisdiction under its cross-border laws.\nNT/SA region means a cross-border region straddling the\nTerritory's border with South Australia.\nNT/SA/WA region means a cross-border region straddling the\nTerritory's borders with South Australia and Western Australia.\nNT/WA region means a cross-border region straddling the\nTerritory's border with Western Australia.\noffice holder, of a participating jurisdiction, means:\n(a) for the Territory – a person who holds an office under the law\nof the Territory; or\n(b) for another participating jurisdiction – a person who holds an\noffice under the law of the jurisdiction.\nNote\nThis definition is affected by sections 9 and 10.\nparticipating jurisdiction means:\n(a) the Territory; or\n(b) another participating jurisdiction.\npolice officer, of a participating jurisdiction, means:\n(a) for the Territory – a member of the Police Force appointed or\nholding office under the Police Administration Act 1978; or\n(b) for another participating jurisdiction – a police officer of the\nNote\npower includes a function and a duty.\npreliminary alcohol or drug test, under a participating\njurisdiction's drink or drug-driving laws, means a test that may be\nconducted under the laws for providing a preliminary indication of\nwhether or not alcohol, drugs or both are present in the blood of the\ndriver or person in charge of a vehicle.\n\nCross-border Justice Act 2009 8\nprescribed court, of a participating jurisdiction, means:\n(i) for the Local Court; or\n(ii) for the Youth Justice Court; or\n(b) for another participating jurisdiction – a prescribed court of the\nprison, in a participating jurisdiction, means:\n(a) for the Territory – a custodial correctional facility as defined in\nsection 11(1)(a) of the Correctional Services Act 2014; or\n(b) for another participating jurisdiction – a prison in the\nregistrar, of a prescribed court of a participating jurisdiction,\n(i) for the Local Court – a registrar as defined in section 3 of\nthe Local Court Act 2015; or\n(ii) for the Youth Justice Court – a person who holds office\nas a Registrar of the Court; or\n(b) for a prescribed court of another participating jurisdiction – a\nregistrar of the court under the jurisdiction's cross-border laws.\nremand facility, in a participating jurisdiction, means a police\nstation, lock-up, prison, detention centre or other place in the\njurisdiction in which persons on remand may be kept in custody.\nrestraining order, of a participating jurisdiction, means:\n(i) a court DVO or police DVO as defined in section 4 of the\nDomestic and Family Violence Act 2007; or\n(ii) a personal violence restraining order under the Personal\nViolence Restraining Orders Act 2016; or\n(b) for another participating jurisdiction – a restraining order of the\n\nCross-border Justice Act 2009 9\nrestraining orders laws, of a participating jurisdiction, means:\n(i) the Domestic and Family Violence Act 2007; or\n(ii) the Personal Violence Restraining Orders Act 2016; or\n(b) for another participating jurisdiction – the restraining orders\nlaws of the jurisdiction under its cross-border laws.\nsecondary office, see section 128(2).\nsecondary office holder, see section 128(1).\nsubsidiary legislation, of a participating jurisdiction, means:\n(a) for the Territory – subordinate legislation as defined in\nsection 17 of the Interpretation Act 1978; or\n(b) for another participating jurisdiction – an instrument made\nunder any written law of the other jurisdiction and having\nlegislative effect.\ntake action means to do an act or make an omission.\nvehicle impounding laws, of a participating jurisdiction, means the\nprovisions of the law of the jurisdiction relating to the impounding or\nforfeiture of vehicles used in connection with driving offences under\nthe law.\nvehicle or driver licensing laws, of a participating jurisdiction,\nmeans the provisions of the law of the jurisdiction relating to the\nlicensing of vehicles or drivers.\nwritten law, of a participating jurisdiction, means an Act or\nsubsidiary legislation of the jurisdiction for the time being in force.\nNote for subsection (1)\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n(2) In paragraph (b) of the definitions drink or drug-driving laws and\ndrink or drug-driving offence, the reference to the presence of\nalcohol in a person's oral fluid or blood includes a reference to the\npresence of a quantity of alcohol in the person's oral fluid or blood\nthat equals or exceeds a specified quantity.\n\nCross-border Justice Act 2009 10\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Cross-border laws","content":"8 Cross-border laws\n(1) The following laws are the Territory's cross-border laws:\n(a) this Act;\n(b) any other written law of the Territory that makes express\nprovision in order to give effect to this Act;\n(c) any other law of the Territory with any appropriate\n(d) any other law of the Territory to the extent its application is\nnecessary to give effect to a law mentioned in paragraph (a),\n(b) or (c).\n(2) The following laws are South Australia's cross-border laws:\n(a) the Cross-border Justice Act 2009 (SA);\n(b) any other written law of South Australia that makes express\nprovision in order to give effect to that Act;\n(c) any other law of South Australia with any appropriate\n(d) any other law of South Australia to the extent its application is\nnecessary to give effect to a law mentioned in paragraph (a),\n(b) or (c).\n(3) The following laws are Western Australia's cross-border laws:\n(a) the Cross-border Justice Act 2008 (WA);\n(b) any other written law of Western Australia that makes express\nprovision in order to give effect to that Act;\n(c) any other law of Western Australia with any appropriate\n(d) any other law of Western Australia to the extent its application\nis necessary to give effect to a law mentioned in\nparagraph (a), (b) or (c).\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Persons who exercise powers are office holders","content":"9 Persons who exercise powers are office holders\nFor the Territory's cross-border laws, a person on whom a power is\nconferred under the law of a participating jurisdiction is taken to\nhold an office under the law.\n\nCross-border Justice Act 2009 11\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"References to office holders","content":"10 References to office holders\n(1) In this Act, unless the contrary intention appears, a reference to an\noffice holder (however described) of a participating jurisdiction\nincludes a reference to a person who holds an office under the law\nof the jurisdiction as a secondary office holder.\n(2) In this Act, unless the contrary intention appears, a reference to an\noffice holder (however described) of another participating\njurisdiction whose office no longer exists is a reference to an office\nholder of the other jurisdiction who for the time being has the\npowers of that office.\n","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"References to written laws of another participating jurisdiction","content":"11 References to written laws of another participating jurisdiction\n(1) A reference in this Act to a written law of another participating\njurisdiction, or to a provision of such a law, is read as including a\nreference to the law or provision as amended from time to time.\namended:\n(a) means replaced, substituted (in whole or part), added to or\nvaried; and\n(b) includes any 2 or more of those things done simultaneously or\nby the same written law.\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Use of notes and examples","content":"12 Use of notes and examples\nA note or example set out at the foot of a provision of this Act is\nprovided to help understanding and is not part of the provision.\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Appropriate modifications","content":"13 Appropriate modifications\nAppropriate modifications of a law of the Territory are:\n(a) any modifications of the law prescribed by regulation; and\n(b) any other modifications of the law that are necessary or\nconvenient to give effect to this Act.\n","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Effect of modifications","content":"14 Effect of modifications\nIn order to give effect to this Act, a law of the Territory must be\napplied with any appropriate modifications as if the law had been\naltered in that way.\n\nDivision 5 Relationship between Territory's cross-border laws and other laws\nCross-border Justice Act 2009 12\nDivision 5 Relationship between Territory's cross-border\nlaws and other laws\n15 Law of another participating jurisdiction: office holders,\nprescribed courts, persons serving sentences\n(1) The Territory's cross-border laws do not authorise an office holder\nof the Territory to exercise a power in another participating\njurisdiction unless the law of the other jurisdiction allows the office\nholder to exercise the power in the other jurisdiction.\n(2) The Territory's cross-border laws do not allow an office holder of\nanother participating jurisdiction to exercise a power in the Territory\nunless the law of the other jurisdiction authorises the office holder\nto exercise the power in the Territory.\n(3) The Territory's cross-border laws do not authorise a prescribed\ncourt of the Territory to hear and determine a proceeding, or to\notherwise exercise its jurisdiction or a power, in another\nparticipating jurisdiction unless the law of the other jurisdiction\nallows the court to hear and determine the proceeding, or to\nexercise the jurisdiction or power, in the other jurisdiction.\n(4) The Territory's cross-border laws do not allow a prescribed court of\nanother participating jurisdiction to hear and determine a\nproceeding, or to otherwise exercise its jurisdiction or a power, in\nthe Territory unless the law of the other jurisdiction authorises the\ncourt to hear and determine the proceeding, or to exercise the\njurisdiction or power, in the Territory.\n(5) The Territory's cross-border laws do not authorise a sentence\nimposed on, or an order made or issued against, a person in\nrelation to an offence or alleged offence under the law of the\nTerritory to be served or carried out in another participating\njurisdiction unless the law of the other jurisdiction allows the\nsentence or order to be served or carried out in the other\n(6) The Territory's cross-border laws do not allow a sentence imposed\non, or an order made or issued against, a person in relation to an\noffence or alleged offence under the law of another jurisdiction to\nbe served or carried out in the Territory unless the law of the other\njurisdiction authorises the sentence or order to be served or carried\nout in the Territory.\n\nCross-border Justice Act 2009 13\n","sortOrder":13},{"sectionNumber":"16","sectionType":"section","heading":"Law of another participating jurisdiction: other persons","content":"16 Law of another participating jurisdiction: other persons\nrequired to do things\n(1) This section applies in relation to a person other than an office\nholder, court or other person in relation to whom section 15 applies.\n(2) The Territory's cross-border laws do not authorise a person who is\nrequired under the law of the Territory to do something to do that\nthing in another participating jurisdiction unless the law of the other\njurisdiction allows the person to do the thing in the other jurisdiction.\n(3) The Territory's cross-border laws do not allow a person who is\nrequired under the law of another participating jurisdiction to do\nsomething to do that thing in the Territory unless the law of the\nother jurisdiction authorises the person to do the thing in the\n","sortOrder":14},{"sectionNumber":"17","sectionType":"section","heading":"Service and Execution of Process Act 1992 (Cth)","content":"17 Service and Execution of Process Act 1992 (Cth)\nThe Territory's cross-border laws are intended to provide alternative\nprocedures to those under the Service and Execution of\nProcess Act 1992 (Cth) and do not purport to exclude or limit the\noperation of that Act.\nNote\nIf the Service and Execution of Process Act 1992 (Cth) provides that it does not\napply to a matter covered by the Territory's cross-border laws, an office holder or\nprescribed court of the Territory will proceed under the laws instead of that Act.\n","sortOrder":15},{"sectionNumber":"18","sectionType":"section","heading":"Offences, orders and requirements for which Territory's","content":"18 Offences, orders and requirements for which Territory's\ncross-border laws apply\n(1) The Territory's cross-border laws apply in relation to an offence\nunder the law of a participating jurisdiction whether the offence is\nsuspected of having been committed, or is alleged or found to have\nbeen committed, before or after the commencement of this Act.\n(2) The Territory's cross-border laws apply in relation to an order made\nunder the law of a participating jurisdiction whether the order was\nmade before or after the commencement of this Act.\n(3) The Territory's cross-border laws apply in relation to a requirement\nto do something under the law of a participating jurisdiction whether\nthe requirement arose before or after the commencement of this\nAct.\n\nCross-border Justice Act 2009 14\n","sortOrder":16},{"sectionNumber":"Div 1","sectionType":"division","heading":"Prescribing cross-border regions","content":"Division 1 Prescribing cross-border regions\n","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Cross-border regions to be prescribed","content":"19 Cross-border regions to be prescribed\nA cross-border region is a region that:\n(a) straddles the border between the Territory and 1 or both of the\nother participating jurisdictions; and\n(b) is prescribed by regulation to be a cross-border region.\n","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Persons suspected of, alleged to have committed or found","content":"20 Persons suspected of, alleged to have committed or found\nguilty of offences\n(1) This section applies to a person who:\n(a) is suspected of having committed an offence under the law of\na participating jurisdiction; or\n(b) is alleged to have committed an offence under the law of a\nparticipating jurisdiction; or\n(c) has been found guilty of an offence under the law of a\n(2) The person has a connection with a cross-border region if:\n(a) the offence is suspected of having been committed, or is\nalleged or was found to have been committed, in the region; or\n(b) at the time of the person's arrest for the offence:\n(i) the person is or was in the region; or\n(ii) the person ordinarily resides or resided in the region; or\n(c) when the offence is suspected of having been committed, or is\nalleged or was found to have been committed, the person\nordinarily resides or resided in the region.\n(3) For a proceeding of a prescribed court of a participating jurisdiction\nin relation to the offence, the person also has a connection with a\ncross-border region if:\n(a) when the proceeding is heard, the person ordinarily resides in\n\nCross-border Justice Act 2009 15\n(b) the proceeding is heard with another cross-border proceeding\nNote for section 20\nFor deciding whether or not a person has committed an offence under the law of\na participating jurisdiction:\n(a) for the Territory – section 15 of the Criminal Code applies; or\n(b) for South Australia – section 5G of the Criminal Law Consolidation Act 1935\n(SA) applies; or\n(c) for Western Australia – section 12 of the Criminal Code (WA) applies.\n","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"Persons against whom orders of prescribed courts are in force","content":"21 Persons against whom orders of prescribed courts are in force\n(1) This section applies to a person against whom an order made by a\nprescribed court of a participating jurisdiction is in force.\n(2) Subsections (3) and (4) apply if the person:\n(a) is suspected of having breached the order; or\n(b) is alleged to have breached the order; or\n(c) has been found to have breached the order.\n(3) The person has a connection with a cross-border region if:\n(a) the breach is suspected of having occurred, or is alleged or\nwas found to have occurred, in the region; or\n(b) at the time of the person's arrest for the breach:\n(i) the person is or was in the region; or\n(ii) the person ordinarily resides or resided in the region; or\n(c) when the breach is suspected of having occurred, or is alleged\nor was found to have occurred, the person ordinarily resides\nor resided in the region; or\n(d) when the order or a previous amendment or variation of the\norder was made, the person ordinarily resided in the region; or\n(e) the order or a previous amendment or variation of the order\nwas made in, or another breach of the order has been the\nsubject of, another cross-border proceeding of the court for\nwhich the person had a connection with the region.\n\nCross-border Justice Act 2009 16\n(4) For a proceeding of the court in relation to the breach, the person\nalso has a connection with a cross-border region if:\n(a) when the proceeding is heard, the person ordinarily resides in\n(b) the proceeding is heard with another cross-border proceeding\n(5) The person has a connection with a cross-border region for a\nproceeding of the court for the amendment, variation or revocation\nof the order if:\n(a) when the order or a previous amendment or variation of the\norder was made, the person ordinarily resided in the region; or\n(b) the order or a previous amendment or variation of the order\nwas made in, or any breach of the order has been the subject\nof, another cross-border proceeding of the court for which the\nperson had a connection with the region; or\n(c) when the proceeding is heard, the person ordinarily resides in\n(d) the proceeding is heard with another cross-border proceeding\n","sortOrder":20},{"sectionNumber":"22","sectionType":"section","heading":"Connection for purposes of making restraining orders","content":"22 Connection for purposes of making restraining orders\n(1) This section applies to a person against whom a restraining order is\nsought or proposed to be made under a participating jurisdiction's\n(2) The person has a connection with a cross-border region, including\nfor a proceeding in a prescribed court of the jurisdiction for the\nmaking of the order, if:\n(a) the person ordinarily resides in the region; or\n(b) the person for whose benefit the order is sought or is\nproposed to be made ordinarily resides in the region.\n","sortOrder":21},{"sectionNumber":"23","sectionType":"section","heading":"Persons serving sentences or carrying out orders for offences","content":"23 Persons serving sentences or carrying out orders for offences\nor alleged offences\n(1) This section applies to a person on whom a sentence is imposed,\nor against whom an order is made or issued, for an offence or\nalleged offence under the law of a participating jurisdiction.\n\nCross-border Justice Act 2009 17\n(2) The person has a connection with a cross-border region if:\n(a) the sentence was imposed, or the order was made or issued,\nin:\n(i) a cross-border proceeding of a prescribed court of the\nparticipating jurisdiction for which the person had a\nconnection with the region; or\n(ii) an appeal from such a proceeding; or\n(b) if the order was made or issued for enforcing a fine – the fine\nwas imposed in a proceeding or appeal mentioned in\nparagraph (a); or\n(c) the person ordinarily resides in the region.\n","sortOrder":22},{"sectionNumber":"24","sectionType":"section","heading":"Other persons required to do things","content":"24 Other persons required to do things\n(1) This section applies to a person if sections 20 to 23 do not apply to\nthe person.\n(2) A person who is required to do something under the law of a\nparticipating jurisdiction has a connection with a cross-border\nregion if:\n(a) the requirement is made of the person in the region; or\n(b) the requirement relates to an event, matter or thing in the\nregion; or\n(c) the person ordinarily resides in the region.\n","sortOrder":23},{"sectionNumber":"25","sectionType":"section","heading":"Connections are not mutually exclusive","content":"25 Connections are not mutually exclusive\nA connection with a cross-border region that a person has because\nof a provision of this Division does not exclude or limit a connection\nwith a cross-border region that the person has because of another\nprovision of this Division.\n","sortOrder":24},{"sectionNumber":"26","sectionType":"section","heading":"Definition","content":"26 Definition\nproceeding means:\n(a) a cross-border proceeding of a prescribed court of the\nTerritory; or\n\nCross-border Justice Act 2009 18\n(b) a proceeding before a court of the Territory relating to an\naction taken or purportedly taken under this Act by an office\nholder of a participating jurisdiction.\n","sortOrder":25},{"sectionNumber":"27","sectionType":"section","heading":"Onus of proving person's whereabouts at time of arrest","content":"27 Onus of proving person's whereabouts at time of arrest\n(1) If whether a person was in a cross-border region at the time of the\nperson's arrest is in issue in a proceeding, the person has the onus\nof proving on the balance of probabilities the person was not in the\nregion at the time.\n(2) If whether a person ordinarily resided in a cross-border region at\nthe time of the person's arrest is in issue in a proceeding, the\nperson has the onus of proving on the balance of probabilities the\nperson did not ordinarily reside in the region at the time.\n","sortOrder":26},{"sectionNumber":"28","sectionType":"section","heading":"Onus of proving person's residency during cross-border","content":"28 Onus of proving person's residency during cross-border\nproceeding\n(1) Subsection (2) applies if either of the following are in issue in a\nproceeding:\n(a) for a cross-border proceeding – whether the person who is the\nsubject of the proceeding ordinarily resides or resided in a\ncross-border region at a particular time during the proceeding;\n(b) for another proceeding – whether the person who is the\nsubject of the proceeding ordinarily resides or resided in a\ncross-border region at a particular time during a cross-border\nproceeding.\n(2) The person has the onus of proving on the balance of probabilities\nthe person does not or did not ordinarily reside in the region at the\ntime.\n","sortOrder":27},{"sectionNumber":"29","sectionType":"section","heading":"Application of Division","content":"29 Application of Division\nThis Division applies if there are 2 or more cross-border regions of\nwhich:\n(a) 1 is partly in all 3 participating jurisdictions; and\n(b) the other or others are partly in only 2 of the 3 participating\njurisdictions.\n\nCross-border Justice Act 2009 19\n","sortOrder":28},{"sectionNumber":"30","sectionType":"section","heading":"Office holders, prescribed courts, persons serving sentences","content":"30 Office holders, prescribed courts, persons serving sentences\n(1) The Territory's cross-border laws do not authorise an office holder\nof the Territory to exercise a power under the law of the Territory in\nanother participating jurisdiction unless the power is to be exercised\nin relation to a person who has a connection with a cross-border\nregion that is partly in the other jurisdiction.\n(2) The Territory's cross-border laws do not allow an office holder of\nanother participating jurisdiction to exercise a power under the law\nof the other jurisdiction in the Territory unless the power is to be\nexercised in relation to a person who has a connection with a\ncross-border region that is partly in the other jurisdiction.\n(3) The Territory's cross-border laws do not authorise a prescribed\ncourt of the Territory to hear and determine a proceeding, or to\notherwise exercise its jurisdiction or a power, in another\nparticipating jurisdiction unless the person who is the subject of the\nproceeding to which the exercise of that jurisdiction or power\nrelates has a connection with a cross-border region that is partly in\nthe other jurisdiction for that proceeding.\n(4) The Territory's cross-border laws do not allow a prescribed court of\nanother participating jurisdiction to hear and determine a\nproceeding, or to otherwise exercise its jurisdiction or a power, in\nthe Territory unless the person who is the subject of the proceeding\nto which the exercise of that jurisdiction or power relates has a\njurisdiction for that proceeding.\n(5) The Territory's cross-border laws do not authorise a sentence\nimposed on, or an order made or issued against, a person in\nrelation to an offence or alleged offence under the law of the\nTerritory to be served or carried out in another participating\njurisdiction unless the person has a connection with a cross-border\nregion that is partly in the other jurisdiction.\n(6) The Territory's cross-border laws do not allow a sentence imposed\non, or an order made or issued against, a person in relation to an\noffence or alleged offence under the law of another participating\njurisdiction to be served or carried out in the Territory unless the\nperson has a connection with a cross-border region that is partly in\n","sortOrder":29},{"sectionNumber":"31","sectionType":"section","heading":"Other persons required to do things","content":"31 Other persons required to do things\n(1) This section applies in relation to a person other than an office\nholder, court or other person in relation to whom section 30 applies.\n\nCross-border Justice Act 2009 20\n(2) The Territory's cross-border laws do not authorise a person who is\nrequired under the law of the Territory to do something to do that\nthing in another participating jurisdiction unless the person has a\n(3) The Territory's cross-border laws do not allow a person who is\nrequired under the law of another participating jurisdiction to do\nsomething to do that thing in the Territory unless the person has a\nNote for Division 4\nA person may have a connection with more than 1 cross-border region. An office\nholder or prescribed court of the Territory may deal with the person under the\nTerritory's cross-border laws on the basis of the person's connection with 1 or\nanother of the regions, having regard to what best facilitates the administration of\njustice in the regions.\n","sortOrder":30},{"sectionNumber":"Part 3","sectionType":"part","heading":"Police officers of Territory exercising powers","content":"Part 3 Police officers of Territory exercising powers\nin another participating jurisdiction\n","sortOrder":31},{"sectionNumber":"32","sectionType":"section","heading":"Arrest without warrant","content":"32 Arrest without warrant\n(1) A police officer of the Territory may arrest a person in another\nparticipating jurisdiction without a warrant if:\n(a) under the law of the Territory, the police officer would have\nbeen able to arrest the person in the Territory without a\nwarrant; and\nin relation to the arrest.\n","sortOrder":32},{"sectionNumber":"33","sectionType":"section","heading":"Arrest under warrant","content":"33 Arrest under warrant\n(1) A police officer of the Territory may arrest a person in another\nparticipating jurisdiction under a warrant if:\n(a) under the law of the Territory, the police officer would have\nbeen able to arrest the person in the Territory under a warrant;\nand\n\nCross-border Justice Act 2009 21\n(2) A Local Court Judge of the Territory:\n(a) may issue in another participating jurisdiction a warrant for the\narrest of a person under the law of the Territory if the person\nhas a connection with a cross-border region; and\n(b) for that purpose, may exercise in the other jurisdiction any of\nthe powers the Local Court Judge has under the law of the\nTerritory for issuing warrants for the arrest of persons.\nin relation to the arrest and the warrant.\nExamples for section 33\n1 A person is suspected of committing an offence under NT law in the NT\nportion of the NT/SA/WA region. An NT Local Court Judge anywhere in the\nNT, SA or WA may issue a warrant for the person's arrest. An NT police\nofficer may arrest the person under the warrant anywhere in the NT, SA or\nWA.\n2 A person who ordinarily resides in the NT/SA region is suspected of\ncommitting an offence under NT law at a place in the NT outside the\ncross-border region. An NT Local Court Judge anywhere in the NT or SA may\nissue a warrant for the person's arrest. An NT Local Court Judge in WA\ncannot issue a warrant. An NT police officer may arrest the person under the\nwarrant anywhere in the NT or SA but not in WA.\n3 A person who ordinarily resides in the NT/WA region is suspected of\ncommitting an offence under NT law in the NT portion of the NT/SA region.\nAn NT Local Court Judge anywhere in the NT, SA or WA may issue a warrant\nfor the person's arrest. An NT police officer may arrest the person under the\nwarrant anywhere in the NT, SA or WA.\n","sortOrder":33},{"sectionNumber":"34","sectionType":"section","heading":"Person taken into custody","content":"34 Person taken into custody\n(a) a police officer of the Territory arrests a person under the law\nof the Territory:\n(i) whether with or without a warrant; and\n(ii) whether in the Territory or another participating\n(2) A police officer of the Territory may:\n(a) keep the person in custody in another participating jurisdiction;\nand\n\nCross-border Justice Act 2009 22\n(b) while the person is in custody, take the person to a police\nstation, court or other place in another participating jurisdiction\nfor any purpose authorised under the law of the Territory as\napplied by subsection (3).\nin relation to the custody.\n","sortOrder":34},{"sectionNumber":"35","sectionType":"section","heading":"Investigation of suspected or alleged offence or breach of","content":"35 Investigation of suspected or alleged offence or breach of\norder\n(a) a police officer of the Territory:\n(i) suspects a person of having committed, or has alleged\nthat a person has committed, an offence under the law\nof the Territory; or\n(ii) suspects a person of having breached, or has alleged\nthat a person has breached, an order made under the\nlaw of the Territory; and\n(2) A police officer of the Territory may:\n(a) investigate the offence or breach in another participating\n(b) for that purpose, may exercise in the other jurisdiction any of\nthe powers the police officer has under the law of the Territory\nfor investigating the offence or breach.\n(3) Without affecting subsection (2), those powers may include powers\nin relation to any of the following:\n(a) interviewing people;\n(b) searching people;\n(c) taking photographs of people or parts of people's bodies;\n(d) taking prints of parts of people's bodies (for example,\nfingerprints, handprints and footprints);\n(e) taking samples of things, and removing things, from the\nexternal and internal parts of people's bodies;\n(f) entering and searching places and vehicles;\n\nCross-border Justice Act 2009 23\n(g) taking photographs of places and vehicles;\n(h) inspecting, and taking extracts from or copies of, documents\nfound at places or in vehicles;\n(i) taking samples of things, and seizing things, from places and\nvehicles;\n(j) carrying out warrants or orders authorising the police officer to\ndo any of the things mentioned in paragraphs (a) to (i);\n(k) requiring people to assist the police officer to do any of the\nthings mentioned in paragraphs (a) to (j).\n(4) For the investigation of the offence or breach by a police officer of\nthe Territory in the Territory or another participating jurisdiction, a\nLocal Court Judge of the Territory:\n(a) may issue in another participating jurisdiction a warrant or\norder under the law of the Territory to be carried out in the\nTerritory or another participating jurisdiction; and\n(b) for that purpose, may exercise in the other participating\njurisdiction any of the powers the Local Court Judge has under\nthe law of the Territory for issuing warrants or orders for the\ninvestigation by police officers of the Territory of offences or\nbreaches of orders.\n(5) The law of the Territory applies (with any appropriate modifications)\nin relation to the investigation and the warrant or order.\nExamples for section 35\n1 A person is suspected of committing an offence under NT law in the NT\nportion of the NT/SA/WA region. An NT police officer may investigate the\nalleged offence anywhere in the NT, SA or WA. For the investigation of the\nalleged offence, an NT Local Court Judge anywhere in the NT, SA or WA\nmay issue a warrant to search premises anywhere in the NT, SA or WA.\n2 A person is arrested in the NT/SA region for an offence under NT law alleged\nto have been committed in a place in the NT outside the cross-border region.\nAn NT police officer may investigate the alleged offence anywhere in the NT\nor SA but not in WA. For the investigation of the alleged offence, an NT Local\nCourt Judge anywhere in the NT or SA may issue a warrant to search\npremises anywhere in the NT or SA but not in WA. An NT magistrate in WA\ncannot issue a warrant.\n3 A person is suspected of committing an offence under NT law in the NT\nportion of the NT/WA region and is subsequently arrested for the alleged\noffence in the NT/SA region. An NT police officer may investigate the alleged\noffence anywhere in the NT, SA or WA. For the investigation of the alleged\noffence, an NT Local Court Judge anywhere in the NT, SA or WA may issue\na warrant to search premises anywhere in the NT, SA or WA.\n\nCross-border Justice Act 2009 24\n","sortOrder":35},{"sectionNumber":"36","sectionType":"section","heading":"Return of person not charged to place of arrest or other place","content":"36 Return of person not charged to place of arrest or other place\n(1) Subsection (2) applies if a person being kept in custody by a police\nofficer of the Territory in another jurisdiction under section 34(2)(a)\nis released without charge.\n(2) A police officer of the Territory must take reasonable steps to\nensure the person is taken, at the person's election:\n(a) back to the place where the person was arrested; or\n(b) to a place reasonably nominated by the person.\n(3) Subsection (2) does not require the person to be taken to a place if\nto do so is likely to endanger the person's or another person's\nsafety.\n","sortOrder":36},{"sectionNumber":"37","sectionType":"section","heading":"Relationship of Part with Criminal Investigation","content":"37 Relationship of Part with Criminal Investigation\n(Extra-territorial Offences) Act 1985\nThis Part does not affect the operation of the Criminal Investigation\n(Extra-territorial Offences) Act 1985.\n","sortOrder":37},{"sectionNumber":"38","sectionType":"section","heading":"Powers in relation to offences","content":"38 Powers in relation to offences\n(a) a police officer of the Territory suspects a person of having\ncommitted, or has alleged that a person has committed, an\noffence under the Territory's vehicle or driver licensing laws;\nand\n(2) A police officer of the Territory may exercise in another participating\njurisdiction any of the powers the police officer has under the law of\nthe Territory in relation to the offence.\n","sortOrder":38},{"sectionNumber":"39","sectionType":"section","heading":"Other powers","content":"39 Other powers\n(1) A police officer of the Territory may exercise in another participating\njurisdiction any of the police officer's licensing powers in relation to\na person who ordinarily resides in a part of the Territory that is in a\n\nCross-border Justice Act 2009 25\nlicensing powers, of a police officer of the Territory, means any of\nthe powers the police officer has under the Territory's vehicle or\ndriver licensing laws other than a power to which section 38(2)\napplies.\n","sortOrder":39},{"sectionNumber":"40","sectionType":"section","heading":"Definitions","content":"40 Definitions\nIn this Subdivision:\nsample means a sample of a person's breath, oral fluid, blood or\nurine.\ntest means to provide or take, and test or analyse, a sample.\ntesting procedures, under a participating jurisdiction's drink or\ndrug-driving laws, means the requirements for providing or taking,\nand testing or analysing, a sample under the jurisdiction's drink or\ndrug-driving laws.\n","sortOrder":40},{"sectionNumber":"41","sectionType":"section","heading":"Conduct of preliminary alcohol or drug test in cross-border","content":"41 Conduct of preliminary alcohol or drug test in cross-border\nregion\n(1) This section applies if a police officer of the Territory requires a\nperson in a part of the Territory that is in a cross-border region to\ndrug test under the Territory's drink or drug-driving laws.\n(2) If:\n(a) the person is required to provide the sample in accordance\nwith the testing procedures under another participating\njurisdiction's drink or drug-driving laws; and\n(b) the region is partly in the other jurisdiction;\nthe person is taken to be required to provide the sample in\naccordance with the testing procedures under the Territory's drink\nor drug-driving laws.\n(3) If:\n(a) the sample is tested in accordance with the testing procedures\nfor a preliminary alcohol or drug test under another\nparticipating jurisdiction's drink or drug-driving laws; and\n\nCross-border Justice Act 2009 26\n(b) the region is partly in the other jurisdiction;\nthe sample is taken to have been tested in accordance with the\ntesting procedures for a preliminary alcohol or drug test under the\nTerritory's drink or drug-driving laws.\nExamples for section 41\n1 An NT police officer requires a person in the NT portion of the NT/SA region\nto provide a sample of breath for a preliminary alcohol test under the NT's\ndrink-driving laws. The police officer may require the person to provide the\nsample in accordance with the testing procedures under SA's drink-driving\n2 An NT police officer requires a person in the NT portion of the NT/SA region\nto provide a sample of breath for a preliminary alcohol test under the NT's\ndrink-driving laws. The sample may be tested in accordance with the testing\nprocedures under SA's drink-driving laws.\n","sortOrder":41},{"sectionNumber":"42","sectionType":"section","heading":"Powers that may be exercised in another participating","content":"42 Powers that may be exercised in another participating\n(1) Subsection (3) applies if a police officer of the Territory has required\na person in a part of the Territory that is in a cross-border region to\ndrug test under the Territory's drink or drug-driving laws.\n(2) Subsection (3) applies if:\n(a) a police officer of the Territory suspects a person of having\ncommitted, or has alleged that a person has committed, a\ndrink or drug-driving offence under the law of the Territory;\nand\n(3) Subject to section 44, a police officer of the Territory may exercise\nin another participating jurisdiction any of the powers the police\nofficer has under the Territory's drink or drug-driving laws in relation\nto the person.\nExample for section 42\nAn NT police officer has required a person in the NT portion of the NT/WA region\nto provide a sample of oral fluid for a preliminary drug test under the NT's drug-\ndriving laws. The police officer suspects the person has committed a drug-driving\noffence in the NT portion of the NT/WA region under the law of the NT. The\npolice officer may require the person to provide a blood sample under the NT's\ndrug-driving laws in WA.\n\nCross-border Justice Act 2009 27\n","sortOrder":42},{"sectionNumber":"43","sectionType":"section","heading":"Providing or taking sample in another participating jurisdiction","content":"43 Providing or taking sample in another participating jurisdiction\n(1) This section applies if a police officer of the Territory acting under\nsection 42(3) requires a person to provide or allow to be taken a\nsample under the Territory's drink or drug-driving laws in another\n(2) If the person is required to provide the sample or allow the sample\nto be taken in accordance with the testing procedures under the\nother jurisdiction's drink or drug-driving laws, the person is taken to\nbe required to provide the sample or allow the sample to be taken\nin accordance with the testing procedures under the Territory's\ndrink or drug-driving laws.\n(3) If the sample is tested in accordance with the testing procedures\nunder the other jurisdiction's drink or drug-driving laws, the following\nprovisions apply:\n(a) the sample is taken to have been tested in accordance with\nthe testing procedures under the Territory's drink or drug-\ndriving laws;\n(b) a certificate relating to the testing procedures under the other\njurisdiction's drink or drug-driving laws that would be prima\nfacie evidence of a matter stated in the certificate in a\nproceeding for an offence under the law of the other\njurisdiction is prima facie evidence of the matter in a\nproceeding for an offence under the law of the Territory;\n(c) if a sample of breath or blood is tested, the analysis result is\ntaken to be the analysis result for the law of the Territory.\n(4) This section does not prevent the sample from being required to be\nprovided or allowed to be taken, or from being tested, in\naccordance with the testing procedures under the Territory's drink\nor drug-driving laws.\nExamples for section 43\n1 An NT police officer requires a person in WA to provide a blood sample under\nthe NT's drug-driving laws. The police officer may require the person to\nprovide the sample in accordance with the testing procedures under WA's\ndrug-driving laws.\n2 An NT police officer requires a person in WA to provide a blood sample under\nthe NT's drug-driving laws. The sample may be tested in accordance with the\ntesting procedures under WA's drug-driving laws.\n\nCross-border Justice Act 2009 28\n","sortOrder":43},{"sectionNumber":"44","sectionType":"section","heading":"Preliminary alcohol or drug test cannot be conducted in","content":"44 Preliminary alcohol or drug test cannot be conducted in\nThis Subdivision does not authorise a police officer of the Territory\nto require a person in another participating jurisdiction to provide a\nsample of breath or oral fluid for a preliminary alcohol or drug test\nunder the Territory's drink or drug-driving laws.\n","sortOrder":44},{"sectionNumber":"45","sectionType":"section","heading":"Powers","content":"45 Powers\n(1) A police officer of the Territory may exercise in relation to a vehicle\nin another participating jurisdiction any of the powers the police\nofficer has under the Territory's vehicle impounding laws in relation\nto a vehicle if:\n(a) the person connected with the vehicle has a connection with a\ncross-border region; and\n(b) if the exercise of the power is for giving effect to a court\norder – the order was made by a prescribed court of the\nperson, connected with a vehicle, means the person who:\n(a) is suspected of having committed; or\n(b) is alleged to have committed; or\n(c) has been found guilty of;\nthe offence for which the vehicle may or is required to be\nimpounded or confiscated.\n","sortOrder":45},{"sectionNumber":"46","sectionType":"section","heading":"Law of Territory applies","content":"46 Law of Territory applies\nThe law of the Territory applies (with any appropriate modifications)\nin relation to the powers in relation to which this Division applies.\n\nCross-border Justice Act 2009 29\n","sortOrder":46},{"sectionNumber":"47","sectionType":"section","heading":"Relationship with Division 1","content":"47 Relationship with Division 1\nThe powers that a police officer of the Territory is authorised under\nthis Division to exercise in another participating jurisdiction are in\naddition to, and do not exclude or limit, any of the powers the police\nofficer is authorised under Division 1 to exercise in the other\n","sortOrder":47},{"sectionNumber":"48","sectionType":"section","heading":"Definition","content":"48 Definition\nNT police order means a police DVO made by a police officer of\nthe Territory under the Domestic and Family Violence Act 2007.\n","sortOrder":48},{"sectionNumber":"49","sectionType":"section","heading":"Making of NT police orders","content":"49 Making of NT police orders\n(1) A police officer of the Territory may make an NT police order in\nanother participating jurisdiction if the person against whom the\norder is sought or proposed to be made has a connection with a\nin relation to the making of the order.\nNote for section 49\nFor deciding whether or not the person against whom the NT police order is\nsought or proposed to be made has a connection with a cross-border region,\nsection 22 and Part 2, Division 4, apply.\n","sortOrder":49},{"sectionNumber":"50","sectionType":"section","heading":"Enforcement of NT police orders","content":"50 Enforcement of NT police orders\n(a) a person in another participating jurisdiction is a person\nagainst whom an NT police order is in force; and\n(b) the person against whom, or for whose benefit, the order is\nmade ordinarily resides in a cross-border region.\n(2) A police officer of the Territory may exercise the police officer's\npowers in relation to the person against whom the order is made.\n(3) In relation to the exercise of the powers, sections 120 to 122 of the\nDomestic and Family Violence Act 2007 have effect for all purposes\nin relation to a contravention of the order in the other jurisdiction.\n\nCross-border Justice Act 2009 30\n(4) The law of the Territory applies (with any appropriate modifications)\nin relation to the powers.\n","sortOrder":50},{"sectionNumber":"Div 4","sectionType":"division","heading":"Offence","content":"Division 4 Offence\n","sortOrder":51},{"sectionNumber":"51","sectionType":"section","heading":"Offence to interfere with exercise of power","content":"51 Offence to interfere with exercise of power\n(1) Subsection (2) applies if a person in another participating\njurisdiction takes action in relation to the exercise of a power under\nthis Part that would, if the action were to be taken in relation to the\nexercise of the power in the Territory, constitute an offence under\nthe law of the Territory (a Territory offence).\n(2) The person commits an offence under this Act punishable by the\nsame penalty as is prescribed for the Territory offence.\n(3) If the Territory offence is an indictable offence, the offence under\nsubsection (2) is also an indictable offence.\n","sortOrder":52},{"sectionNumber":"Part 4","sectionType":"part","heading":"Police officers of another participating","content":"Part 4 Police officers of another participating\njurisdiction exercising powers in Territory\n","sortOrder":53},{"sectionNumber":"52","sectionType":"section","heading":"Arrest without warrant","content":"52 Arrest without warrant\n(1) A police officer of another participating jurisdiction may arrest a\nperson in the Territory without a warrant if:\n(a) under the law of the other jurisdiction, the police officer would\nhave been able to arrest the person in the other jurisdiction\nwithout a warrant; and\n(2) The law of the Territory does not apply in relation to the arrest.\n","sortOrder":54},{"sectionNumber":"53","sectionType":"section","heading":"Arrest under warrant","content":"53 Arrest under warrant\n(1) A police officer of another participating jurisdiction may arrest a\nperson in the Territory under a warrant if:\n(a) under the law of the other jurisdiction, the police officer would\nhave been able to arrest the person in the other jurisdiction\nunder a warrant; and\n\nCross-border Justice Act 2009 31\n(2) A magistrate of another participating jurisdiction:\n(a) may issue in the Territory a warrant for the arrest of a person\nunder the law of the other jurisdiction if the person has a\nconnection with a cross-border region; and\npowers the magistrate has under the law of the other\njurisdiction for issuing warrants for the arrest of persons.\n(3) The law of the Territory does not apply in relation to the arrest or\nthe warrant.\nExamples for section 53\n1 A person is suspected of committing an offence under SA law in the SA\nportion of the NT/SA/WA region. An SA magistrate anywhere in the NT may\nissue a warrant for the person's arrest. An SA police officer may arrest the\nperson under the warrant anywhere in the NT.\n2 A person who ordinarily resides in the NT/WA region is suspected of\ncommitting an offence under WA law in a place in WA outside the\ncross-border region. A WA magistrate anywhere in the NT may issue a\nwarrant for the person's arrest. A WA police officer may arrest the person\nunder the warrant anywhere in the NT.\n3 A person who ordinarily resides in the NT/SA region is suspected of\ncommitting an offence under SA law in a place in SA outside the cross-border\nregion. An SA magistrate anywhere in the NT may issue a warrant for the\nperson's arrest. An SA police officer may arrest the person under the warrant\nanywhere in the NT.\n","sortOrder":55},{"sectionNumber":"54","sectionType":"section","heading":"Person taken into custody","content":"54 Person taken into custody\n(a) a police officer of another participating jurisdiction (the\narresting jurisdiction) arrests a person under the law of the\narresting jurisdiction:\n(i) whether with or without a warrant; and\n(ii) whether in the Territory or another participating\n(2) A police officer of the arresting jurisdiction may:\n(a) keep the person in custody in the Territory; and\n\nCross-border Justice Act 2009 32\n(b) while the person is in custody, take the person to a police\nstation, court or other place in the Territory for any purpose\nauthorised under the law of the arresting jurisdiction as\napplied by its cross-border laws.\n(3) The law of the Territory does not apply in relation to the custody.\n","sortOrder":56},{"sectionNumber":"55","sectionType":"section","heading":"Investigation of suspected or alleged offence or breach of","content":"55 Investigation of suspected or alleged offence or breach of\norder\n(a) a police officer of another participating jurisdiction (the\ninvestigating jurisdiction):\n(i) suspects a person of having committed, or has alleged\nthat a person has committed, an offence under the law\nof the investigating jurisdiction; or\n(ii) suspects a person of having breached, or has alleged\nthat a person has breached, an order made under the\nlaw of the investigating jurisdiction; and\n(2) A police officer of the investigating jurisdiction may:\n(a) investigate the offence or breach in the Territory; and\npowers the police officer has under the law of the investigating\njurisdiction for investigating the offence or breach.\n(3) Without affecting subsection (2), those powers may include powers\nin relation to any of the following:\n(a) interviewing people;\n(b) searching people;\n(c) taking photographs of people or parts of people's bodies;\n(d) taking prints of parts of people's bodies (for example,\nfingerprints, handprints and footprints);\n(e) taking samples of things, and removing things, from the\nexternal and internal parts of people's bodies;\n(f) entering and searching places and vehicles;\n\nCross-border Justice Act 2009 33\n(g) taking photographs of places and vehicles;\n(h) inspecting, and taking extracts from or copies of, documents\nfound at places or in vehicles;\n(i) taking samples of things, and seizing things, from places and\nvehicles;\n(j) carrying out warrants or orders authorising the police officer to\ndo any of the things mentioned in paragraphs (a) to (i);\n(k) requiring people to assist the police officer to do any of the\nthings mentioned in paragraphs (a) to (j).\n(4) For the investigation of the offence or breach by a police officer of\nthe investigating jurisdiction in the Territory or another participating\njurisdiction, a magistrate of the investigating jurisdiction:\n(a) may issue in the Territory a warrant or order under the law of\nthe investigating jurisdiction to be carried out in the Territory or\nanother participating jurisdiction; and\npowers the magistrate has under the law of the investigating\njurisdiction for issuing warrants or orders for the investigation\nby police officers of that jurisdiction of offences or breaches of\norders.\n(5) The law of the Territory does not apply in relation to the\ninvestigation or the warrant or order.\nExamples for section 55\n1 A person is suspected of committing an offence under SA law in the SA\nportion of the NT/SA/WA region. An SA police officer may investigate the\nalleged offence anywhere in the NT. For the investigation of the alleged\noffence, an SA magistrate anywhere in the NT may issue a warrant to search\npremises anywhere in the NT, SA or WA.\n2 A person is arrested in the NT/WA region for an offence under WA law\nalleged to have been committed in a place in WA outside the cross-border\nregion. A WA police officer may investigate the alleged offence anywhere in\nthe NT. For the investigation of the alleged offence, a WA magistrate\nanywhere in the NT may issue a warrant to search premises anywhere in the\nNT or WA but not in SA.\n3 A person who ordinarily resides in the NT/SA region is suspected of\ncommitting an offence under SA law in a place in SA outside the cross-border\nregion. An SA police officer may investigate the alleged offence in the NT.\nFor the investigation of the alleged offence, an SA magistrate anywhere in\nthe NT may issue a warrant to search premises anywhere in the NT or SA but\nnot in WA.\n\nCross-border Justice Act 2009 34\n","sortOrder":57},{"sectionNumber":"56","sectionType":"section","heading":"Relationship of this Division with laws relating to forensic","content":"56 Relationship of this Division with laws relating to forensic\nexaminations\nThis Division does not exclude or limit the operation of the Police\nAdministration Act 1978, Part VII, Division 7 or the Youth Justice\nAct 2005, Part 2, Division 3.\nNote for section 56\nA police officer of another participating jurisdiction who is investigating an offence\nunder the law of the other jurisdiction may, for examining or obtaining material\nfrom the body of a person in the Territory, elect to use the powers the police\nofficer has under this Division or to proceed under the Police Administration\nAct 1978, Part VII, Division 7, or the Youth Justice Act 2005, Part 2, Division 3.\n","sortOrder":58},{"sectionNumber":"57","sectionType":"section","heading":"Powers in relation to offences","content":"57 Powers in relation to offences\n(a) a police officer of another participating jurisdiction suspects a\nperson of having committed, or has alleged that a person has\ncommitted, an offence under the other jurisdiction's vehicle or\ndriver licensing laws; and\n(2) A police officer of the other jurisdiction may exercise in the Territory\nany of the powers the police officer has under the law of the other\njurisdiction in relation to the offence.\n","sortOrder":59},{"sectionNumber":"58","sectionType":"section","heading":"Other powers","content":"58 Other powers\n(1) A police officer of another participating jurisdiction may exercise in\nthe Territory any of the police officer's licensing powers in relation to\na person who ordinarily resides in a part of the other jurisdiction that\nis in a cross-border region.\nlicensing powers, of a police officer of another participating\njurisdiction, means any of the powers the police officer has under\nthe other jurisdiction's vehicle or driver licensing laws other than a\npower to which section 57(2) applies.\n\nCross-border Justice Act 2009 35\n","sortOrder":60},{"sectionNumber":"59","sectionType":"section","heading":"Powers that may be exercised in Territory","content":"59 Powers that may be exercised in Territory\n(1) Subsection (3) applies if a police officer of another participating\njurisdiction has required a person in a part of the other jurisdiction\nthat is in a cross-border region to provide a sample of the person's\nbreath or oral fluid for a preliminary alcohol or drug test under the\nother jurisdiction's drink or drug-driving laws.\n(2) Subsection (3) applies if:\n(a) a police officer of another participating jurisdiction suspects a\nperson of having committed, or has alleged that a person has\ncommitted, a drink or drug-driving offence under the law of the\nother jurisdiction; and\n(3) Subject to section 60, a police officer of the other jurisdiction may\nexercise in the Territory any of the powers the police officer has\nunder the other jurisdiction's drink or drug-driving laws in relation to\nthe person.\n","sortOrder":61},{"sectionNumber":"60","sectionType":"section","heading":"Preliminary alcohol or drug test cannot be conducted in","content":"60 Preliminary alcohol or drug test cannot be conducted in\nSection 59 does not authorise a police officer of another\nparticipating jurisdiction to require a person in the Territory to\ndrug test under the other jurisdiction's drink or drug-driving laws.\n","sortOrder":62},{"sectionNumber":"61","sectionType":"section","heading":"Powers","content":"61 Powers\n(1) A police officer or another office holder of another participating\njurisdiction may exercise in relation to a vehicle in the Territory any\nof the powers the police officer or office holder has under the other\njurisdiction's vehicle impounding laws in relation to a vehicle if:\n(a) the person connected with the vehicle has a connection with a\ncross-border region; and\n(b) if the exercise of the power is for giving effect to a court\norder – the order was made by a prescribed court of the other\n\nCross-border Justice Act 2009 36\nperson, connected with a vehicle, means the person who:\n(a) is suspected of having committed; or\n(b) is alleged to have committed; or\n(c) has been found guilty of;\nthe offence for which the vehicle may or is required to be\nimpounded or confiscated.\n","sortOrder":63},{"sectionNumber":"62","sectionType":"section","heading":"Law of Territory does not apply","content":"62 Law of Territory does not apply\nThe law of the Territory does not apply in relation to the powers in\n","sortOrder":64},{"sectionNumber":"63","sectionType":"section","heading":"Relationship with Division 1","content":"63 Relationship with Division 1\nThe powers that a police officer of another participating jurisdiction\nis authorised under this Division to exercise in the Territory are in\naddition to, and do not exclude or limit, any of the powers the police\nofficer is authorised under Division 1 to exercise in the Territory.\n","sortOrder":65},{"sectionNumber":"64","sectionType":"section","heading":"Definition","content":"64 Definition\nWA police order means an order made by a police officer of\nWestern Australia under the State's restraining orders laws.\n","sortOrder":66},{"sectionNumber":"65","sectionType":"section","heading":"Making WA police orders","content":"65 Making WA police orders\n(1) A police officer of Western Australia may make a WA police order in\nthe Territory if the person against whom the order is sought or\nproposed to be made has a connection with a cross-border region.\n(2) The law of the Territory does not apply in relation to the making of\nthe order.\nNote for section 65\nFor deciding whether or not the person against whom the WA police order is\nsought or proposed to be made has a connection with a cross-border region,\nsection 22 and Part 2, Division 4, apply.\n\nCross-border Justice Act 2009 37\n","sortOrder":67},{"sectionNumber":"66","sectionType":"section","heading":"Enforcement of WA police orders","content":"66 Enforcement of WA police orders\n(a) a person in the Territory is a person against whom a WA\npolice order is in force; and\n(b) the person against whom, or for whose benefit, the order is\nmade ordinarily resides in a cross-border region.\n(2) A police officer of Western Australia may exercise the police\nofficer's powers in relation to the person against whom the order is\nmade.\n(3) The law of the Territory does not apply in relation to the powers.\n","sortOrder":68},{"sectionNumber":"Part 5","sectionType":"part","heading":"Prescribed courts of Territory exercising","content":"Part 5 Prescribed courts of Territory exercising\ncross-border jurisdiction\n","sortOrder":69},{"sectionNumber":"67","sectionType":"section","heading":"Operation of courts outside Territory not limited","content":"67 Operation of courts outside Territory not limited\nThis Part does not limit, and applies subject to, the following:\n(a) section 24 of the Local Court Act 2015;\n(b) section 48 of the Youth Justice Act 2005.\n","sortOrder":70},{"sectionNumber":"68","sectionType":"section","heading":"Proceedings that may be heard in another participating","content":"68 Proceedings that may be heard in another participating\n(1) A prescribed court of the Territory may hear and determine a\nproceeding mentioned in subsection (2) in another participating\njurisdiction if the person who is the subject of the proceeding has a\nconnection with a cross-border region for the proceeding.\n(2) Any of the following proceedings of a prescribed court of the\nTerritory may be heard and determined in another participating\njurisdiction under subsection (1):\n(a) criminal proceedings (as defined in section 3 of the Local\nCourt Act 2015) in the Local Court;\n(c) under the Bail Act 1982;\n(d) under the Sentencing Act 1995;\n\nCross-border Justice Act 2009 38\n(e) under the Youth Justice Act 2005;\n(f) under the Domestic and Family Violence Act 2007;\n(g) under the Traffic Act 1987 in relation to any of the following:\n(i) the imposition or removal of a disqualification from\nholding or obtaining a driver's licence;\n(ii) the impounding or forfeiture of a vehicle;\n(iii) the sale or disposal of an impounded or forfeited vehicle;\n(h) prescribed by regulation.\n(3) To avoid doubt, a prescribed court of the Territory can only hear\nand determine in another participating jurisdiction a proceeding that\nthe court can hear and determine in the Territory.\nExamples for section 68\n1 A person is charged with an offence under NT law alleged to have been\ncommitted in the NT portion of the NT/SA/WA region. The charge may be\nheard by the NT Local Court sitting anywhere in the NT, SA or WA.\n2 A person who ordinarily resides in the NT/SA region is charged with an\noffence under NT law alleged to have been committed in a place in the NT\noutside the cross-border region. The charge may be heard by the NT Local\nCourt sitting anywhere in the NT or SA but not in WA.\n3 A person is arrested in the NT/SA/WA region for an offence under NT law\nalleged to have been committed in a place in the NT outside the cross-border\nregion (the NT/SA/WA charge). The person also has an outstanding charge\nfor an offence under NT law alleged to have been committed in the NT\nportion of the NT/WA region (the NT/WA charge). The NT/SA/WA charge\nmay be heard by the NT Local Court sitting anywhere in the NT, SA or WA.\nThe NT/WA charge may be heard by the NT Local Court anywhere in the NT\nor WA. It may also be heard by the NT Local Court sitting anywhere in SA,\nbut only if it is heard with the NT/SA/WA charge.\n","sortOrder":71},{"sectionNumber":"69","sectionType":"section","heading":"Exercise of jurisdiction and powers","content":"69 Exercise of jurisdiction and powers\n(1) A prescribed court of the Territory may:\n(a) exercise its cross-border jurisdiction in the Territory or another\nparticipating jurisdiction; and\n(b) for that purpose, have registries in and sit in another\n\nCross-border Justice Act 2009 39\n(2) For exercising its cross-border jurisdiction, a prescribed court of the\npowers the court may exercise in the Territory, including powers in\nrelation to the following:\n(a) compelling witnesses;\n(b) administering oaths;\n(c) punishing for contempt;\n(d) issuing warrants, summonses and other process.\n(3) For subsection (2), the powers of a prescribed court of the Territory\ninclude the powers of the court that may be exercised by a Local\nCourt Judge or registrar of the court.\n(4) To avoid doubt, a prescribed court of the Territory may exercise in\nanother participating jurisdiction its cross-border jurisdiction in\nrelation to a cross-border proceeding whether or not the proceeding\nis heard and determined in the other jurisdiction.\n","sortOrder":72},{"sectionNumber":"70","sectionType":"section","heading":"Practice and procedure","content":"70 Practice and procedure\nThe practice and procedure of a prescribed court of the Territory\napply (with any appropriate modifications) when the court is\nexercising its cross-border jurisdiction.\n","sortOrder":73},{"sectionNumber":"71","sectionType":"section","heading":"Rules of evidence","content":"71 Rules of evidence\nThe rules of evidence applied by a prescribed court of the Territory\napply (with any appropriate modifications) when the court is\nexercising its cross-border jurisdiction.\n","sortOrder":74},{"sectionNumber":"72","sectionType":"section","heading":"Offence to fail to comply with order, judgment, warrant or","content":"72 Offence to fail to comply with order, judgment, warrant or\nsummons\n(a) in the exercise of its cross-border jurisdiction, a prescribed\ncourt of the Territory issues an order, judgment, warrant or\nsummons; and\n(b) a person in another participating jurisdiction fails to comply\nwith the order, judgment, warrant or summons; and\n(c) the failure would, if it were to occur in the Territory, constitute\nan offence under the law of the Territory.\n\n","sortOrder":75},{"sectionNumber":"Div 3","sectionType":"division","heading":"Miscellaneous matters relating to cross-border proceedings","content":"Division 3 Miscellaneous matters relating to cross-border proceedings\nCross-border Justice Act 2009 40\n(2) The person commits an offence under this Act punishable by the\nsame penalty as is prescribed for the offence mentioned in\nsubsection (1)(c).\n(3) If the offence mentioned in subsection (1)(c) is an indictable\noffence, the offence under subsection (2) is also an indictable\noffence.\nDivision 3 Miscellaneous matters relating to cross-border\n","sortOrder":76},{"sectionNumber":"73","sectionType":"section","heading":"Legal practitioners of another participating jurisdiction entitled","content":"73 Legal practitioners of another participating jurisdiction entitled\nto appear etc.\n(1) A person who is entitled to engage in legal practice under the law of\nanother participating jurisdiction is entitled:\n(a) to appear for a person in a cross-border proceeding of a\nprescribed court of the Territory; and\n(b) to provide advice and other services to a person in relation to\nsuch a proceeding;\nif the person who is the subject of the proceeding has a connection\nwith a cross-border region that is partly in the other jurisdiction for\nthe proceeding.\n(2) A person who is authorised under section 48 of the Aboriginal\nAffairs Planning Authority Act 1972 (WA) is entitled to appear for a\nperson of Aboriginal descent, as defined in section 4 of that Act, in\na cross-border proceeding of a prescribed court of the Territory if\nthe person who is the subject of the proceeding has a connection\nwith a cross-border region that is partly in Western Australia for the\nproceeding.\n","sortOrder":77},{"sectionNumber":"74","sectionType":"section","heading":"Court documents may be filed, served or issued in another","content":"74 Court documents may be filed, served or issued in another\nA court document of a prescribed court of the Territory may be filed,\nserved or issued in another participating jurisdiction.\n","sortOrder":78},{"sectionNumber":"75","sectionType":"section","heading":"Court documents in wrong form do not invalidate proceedings","content":"75 Court documents in wrong form do not invalidate proceedings\nor decisions\n(a) a document filed, served or issued in a cross-border\nproceeding of a prescribed court of the Territory (the Territory\ncourt) is in the form of a court document of a prescribed court\nof another participating jurisdiction (the interstate court); and\n\nCross-border Justice Act 2009 41\n(b) the person who is the subject of the proceeding has a\njurisdiction for the proceeding.\n(2) The proceeding or a decision in the proceeding cannot be\nchallenged, appealed against, quashed or called into question on\nthe ground that the document is in the form of a court document of\nthe interstate court.\n(3) The Territory court may, on an application made by a party to the\nproceeding or on its own initiative, order that a document in the\nform of a court document of the Territory court be filed, served or\nissued (as the case requires) instead of the document mentioned in\nsubsection (1)(a).\n(4) A document filed, served or issued under subsection (3) is taken to\nhave been filed, served or issued on the day, and at the time, the\ndocument mentioned in subsection (1)(a) was filed, served or\nissued.\n","sortOrder":79},{"sectionNumber":"76","sectionType":"section","heading":"Application of Court Security Act 1998","content":"76 Application of Court Security Act 1998\nThe Court Security Act 1998 does not apply in relation to any\npremises or other place in another participating jurisdiction used for\na cross-border proceeding of a prescribed court of the Territory.\n","sortOrder":80},{"sectionNumber":"77","sectionType":"section","heading":"Law of Territory applies","content":"77 Law of Territory applies\nTerritory applies (with any appropriate modifications) in relation to\nthe exercise by a prescribed court of the Territory of its\ncross-border jurisdiction.\n","sortOrder":81},{"sectionNumber":"78","sectionType":"section","heading":"Part 2, Divisions 2 and 4 do not apply","content":"78 Part 2, Divisions 2 and 4 do not apply\nPart 2, Divisions 2 and 4, do not apply in relation to a power in\n","sortOrder":82},{"sectionNumber":"79","sectionType":"section","heading":"Definitions","content":"79 Definitions\nregister means to register under Chapter 3 of the Domestic and\nFamily Violence Act 2007.\nSA restraining order means a restraining order of South Australia.\n\nCross-border Justice Act 2009 42\nWA restraining order means a restraining order of Western\nAustralia.\n","sortOrder":83},{"sectionNumber":"80","sectionType":"section","heading":"Registration of SA restraining orders under NT law","content":"80 Registration of SA restraining orders under NT law\nA registrar of the Local Court may register an SA restraining order\nin another participating jurisdiction if:\nproceeding of a prescribed court of South Australia for which\nthe person against whom the order was made had a\njurisdiction; or\nmade ordinarily resides in the other jurisdiction.\nExamples for section 80\n1 An SA magistrate sitting in a place in SA makes a restraining order under\nSA's restraining orders laws. For the proceeding, the person against whom\nthe order is made had a connection with the NT/SA/WA region. The registry\nat the place is a registry of the NT Local Court. Exercising the powers of a\nregistrar of that Court, a registrar registers the order under the NT's\n2 An SA magistrate sitting in a place in SA makes a restraining order under\nSA's restraining orders laws. The person for whose benefit the order is made\nordinarily resides in SA. The registry at the place is a registry of the NT Local\nCourt. Exercising the powers of a registrar of that NT Court, a registry officer\nregisters the order under the NT's restraining orders laws.\n","sortOrder":84},{"sectionNumber":"81","sectionType":"section","heading":"Registration of WA restraining orders under NT law","content":"81 Registration of WA restraining orders under NT law\nA registrar of the Local Court may register a WA restraining order in\nanother participating jurisdiction if:\nproceeding of a prescribed court of Western Australia for\nwhich the person against whom the order was made had a\njurisdiction; or\nmade ordinarily resides in the other jurisdiction.\nExamples for section 81\n1 A WA magistrate sitting in a place in WA makes a restraining order under\nWA's restraining orders laws. For the proceeding, the person against whom\nthe order is made had a connection with the NT/WA region. The registry at\nthe place is a registry of the NT Local Court. Exercising the powers of a\nregistrar of that Court, a registrar registers the order under the NT's\n\nCross-border Justice Act 2009 43\n2 A WA magistrate sitting in a place in WA makes a restraining order under\nWA's restraining orders laws. The person for whose benefit the order is made\nordinarily resides in WA. The registry at the place is a registry of the NT Local\nCourt. Exercising the powers of a registrar of that Court, a registrar registers\nthe order under the NT's restraining orders laws.\n","sortOrder":85},{"sectionNumber":"Part 6","sectionType":"part","heading":"Prescribed courts of another participating","content":"Part 6 Prescribed courts of another participating\njurisdiction exercising cross-border\n","sortOrder":86},{"sectionNumber":"82","sectionType":"section","heading":"Proceedings that may be heard in Territory","content":"82 Proceedings that may be heard in Territory\nA prescribed court of another participating jurisdiction may hear and\ndetermine a cross-border proceeding of the court in the Territory if\nthe person who is the subject of the proceeding has a connection\nwith a cross-border region for the proceeding.\nExamples for section 82\n1 A person is charged with an offence under WA law alleged to have been\ncommitted in the WA portion of the NT/SA/WA region. The charge may be\nheard by a WA magistrate sitting anywhere in the NT.\n2 A person who ordinarily resides in the NT/SA region is charged with an\noffence under SA law alleged to have been committed in a place in SA\noutside the cross-border region. The charge may be heard by an SA\nmagistrate sitting anywhere in the NT.\n3 A person is arrested in the NT/SA/WA region for an offence alleged to have\nbeen committed under WA law in a place in WA outside the cross-border\nregion. The person also has an outstanding charge for an offence under WA\nlaw alleged to have been committed in the WA portion of the NT/WA region.\nBoth charges may be heard by a WA magistrate sitting anywhere in the NT.\n","sortOrder":87},{"sectionNumber":"83","sectionType":"section","heading":"Exercise of jurisdiction and powers","content":"83 Exercise of jurisdiction and powers\n(1) A prescribed court of another participating jurisdiction may:\n(a) exercise its cross-border jurisdiction in the Territory; and\n(b) for that purpose, have registries in and sit in the Territory.\n(2) For exercising its cross-border jurisdiction, a prescribed court of\nanother participating jurisdiction may exercise in the Territory any of\nthe powers the court may exercise in the other jurisdiction, including\npowers in relation to the following:\n(a) compelling witnesses;\n(b) administering oaths;\n\n","sortOrder":88},{"sectionNumber":"Div 2","sectionType":"division","heading":"Miscellaneous matters relating to cross-border proceedings","content":"Division 2 Miscellaneous matters relating to cross-border proceedings\nCross-border Justice Act 2009 44\n(c) punishing for contempt;\n(d) issuing warrants, summonses and other process.\n(3) For subsection (2), the powers of a prescribed court of another\nparticipating jurisdiction include the powers of the court that may be\nexercised by a magistrate or registrar of the court.\n(4) To avoid doubt, a prescribed court of another participating\njurisdiction may exercise in the Territory its cross-border jurisdiction\nin relation to a cross-border proceeding whether or not the\nproceeding is heard and determined in the Territory.\nDivision 2 Miscellaneous matters relating to cross-border\n","sortOrder":89},{"sectionNumber":"84","sectionType":"section","heading":"Trial of person in Territory by prescribed court of participating","content":"84 Trial of person in Territory by prescribed court of participating\nDespite another law of the Territory, a person may be tried and\npunished in the Territory for an offence under the law of another\nparticipating jurisdiction by a prescribed court of the other\njurisdiction in a cross-border proceeding of that court.\n","sortOrder":90},{"sectionNumber":"85","sectionType":"section","heading":"Privileges, protection and immunity of participants in","content":"85 Privileges, protection and immunity of participants in\n(1) A magistrate of a prescribed court of another participating\njurisdiction:\n(a) hearing or determining in the Territory a cross-border\nproceeding of the other jurisdiction; or\n(b) exercising in the Territory the cross-border jurisdiction of the\ncourt or a power of the court for that jurisdiction;\nhas the same privileges, protection and immunity as a Supreme\nCourt Judge has in the performance of duties as a Judge.\n(2) A person appearing in the Territory as a legal practitioner in a\ncross-border proceeding of a prescribed court of another\nparticipating jurisdiction has the same protection and immunity as a\nlegal practitioner appearing in a proceeding in the Supreme Court.\n(3) A person appearing in the Territory as a witness in a cross-border\nproceeding of a prescribed court of another participating jurisdiction\nhas the same protection as a witness appearing in a proceeding in\nthe Supreme Court.\n\nCross-border Justice Act 2009 45\n","sortOrder":91},{"sectionNumber":"86","sectionType":"section","heading":"Court documents may be filed, served or issued in Territory","content":"86 Court documents may be filed, served or issued in Territory\nA court document of a prescribed court of another participating\njurisdiction may be filed, served or issued in the Territory.\n","sortOrder":92},{"sectionNumber":"87","sectionType":"section","heading":"Application of Court Security Act 1998","content":"87 Application of Court Security Act 1998\nThe Court Security Act 1998 applies in relation to any premises or\nother place in the Territory used for a cross-border proceeding of a\nprescribed court of another participating jurisdiction as if the\npremises or place were used for a proceeding of a court of the\n","sortOrder":93},{"sectionNumber":"88","sectionType":"section","heading":"Law of Territory does not apply","content":"88 Law of Territory does not apply\nTerritory does not apply in relation to the exercise by a prescribed\ncourt of another participating jurisdiction of its cross-border\njurisdiction in the Territory.\n","sortOrder":94},{"sectionNumber":"89","sectionType":"section","heading":"Part 2, Divisions 2 and 4, do not apply","content":"89 Part 2, Divisions 2 and 4, do not apply\nPart 2, Divisions 2 and 4, do not apply in relation to a power in\n","sortOrder":95},{"sectionNumber":"90","sectionType":"section","heading":"Registration of NT or WA restraining orders under SA law","content":"90 Registration of NT or WA restraining orders under SA law\n(1) The Principal Registrar of the Magistrates Court of South Australia\nmay register an interstate restraining order in the Territory if:\nproceeding of a prescribed court of the Territory or Western\nAustralia for which the person against whom the order was\nmade had a connection with a cross-border region that is\npartly in South Australia; or\nmade ordinarily resides in South Australia.\ninterstate restraining order means:\n(a) a restraining order of the Territory; or\n(b) a restraining order of Western Australia.\n\nCross-border Justice Act 2009 46\nregister means to register under the restraining orders laws of\nSouth Australia.\nExamples for section 90\n1 The NT Local Court sitting in a place in the NT makes a restraining order\nunder the NT's restraining orders laws. For the proceeding, the person\nagainst whom the order is made had a connection with the NT/SA region.\nThe registry at the place is a registry of the SA Magistrates Court. Exercising\nthe powers of the Principal Registrar of the SA Magistrates Court, a registry\nofficer registers the order under SA's restraining orders laws.\n2 A WA magistrate sitting in a place in the NT makes a restraining order under\nWA's restraining orders laws. The person for whose benefit the order is made\nordinarily resides in SA. The registry at the place is a registry of the SA\nMagistrates Court. Exercising the powers of the Principal Registrar of the SA\nMagistrates Court, a registry officer registers the order under SA's restraining\norders laws.\n","sortOrder":96},{"sectionNumber":"91","sectionType":"section","heading":"Registration of NT or SA restraining orders under WA law","content":"91 Registration of NT or SA restraining orders under WA law\n(1) A registrar of the Magistrates Court of Western Australia may\nregister an interstate restraining order in the Territory if:\nproceeding of a prescribed court of the Territory or South\nAustralia for which the person against whom the order was\nmade had a connection with a cross-border region that is\npartly in Western Australia; or\nmade ordinarily resides in Western Australia.\ninterstate restraining order means:\n(a) a restraining order of the Territory; or\n(b) a restraining order of South Australia.\nregister means to register under the restraining orders laws of\nWestern Australia.\nExamples for section 91\n1 The NT Local Court sitting in a place in the NT makes a restraining order\nunder the NT's restraining orders laws. The person for whose benefit the\norder is made ordinarily resides in WA. The registry at the place is a registry\nof the WA Magistrates Court. Exercising the powers of the registrar of that\nCourt, a registry officer registers the order under WA's restraining orders\n\nCross-border Justice Act 2009 47\n2 An SA magistrate sitting in a place in the NT makes a restraining order under\nSA's restraining orders laws. For the proceeding, the person against whom\nthe order is made had a connection with the NT/SA/WA region. The registry\nat the place is a registry of the WA Magistrates Court. Exercising the powers\nof the registrar of that Court, a registry officer registers the order under WA's\n","sortOrder":97},{"sectionNumber":"Part 7","sectionType":"part","heading":"Bail of persons in custody under law of","content":"Part 7 Bail of persons in custody under law of\n","sortOrder":98},{"sectionNumber":"92","sectionType":"section","heading":"Police officer of Territory may exercise powers in another","content":"92 Police officer of Territory may exercise powers in another\nThe Bail Act 1982 applies (with any appropriate modifications) in\nrelation to a person in the custody of a police officer of the Territory\nin another participating jurisdiction under section 34(2)(a).\n","sortOrder":99},{"sectionNumber":"Part 8","sectionType":"part","heading":"Bail of persons in custody under law of","content":"Part 8 Bail of persons in custody under law of\n","sortOrder":100},{"sectionNumber":"93","sectionType":"section","heading":"Police officer of another participating jurisdiction may exercise","content":"93 Police officer of another participating jurisdiction may exercise\npowers in Territory\n(1) Subsection (2) applies if a person is in the custody of a police\nofficer of another participating jurisdiction in the Territory under\nsection 54(2)(a).\n(2) A police officer of the other jurisdiction may exercise in relation to\nthe person any of the powers the police officer has under the law of\nthe other jurisdiction in relation to the bail of a person in custody in\n(3) The Bail Act 1982 does not apply in relation to the person.\n","sortOrder":101},{"sectionNumber":"94","sectionType":"section","heading":"Definitions","content":"94 Definitions\nIn this Part:\nSA proceeding means:\n(a) a cross-border proceeding of a prescribed court of South\nAustralia for which the person who is the subject of the\nproceeding has a connection with a cross-border region; or\n(b) an appeal from such a proceeding.\n\nCross-border Justice Act 2009 48\nTerritory approved facility means an approved treatment facility\nas defined in section 4 of the Mental Health and Related\nServices Act 1998.\nTerritory prison means a prison in the Territory.\nWA proceeding means:\n(a) a cross-border proceeding of a prescribed court of Western\nAustralia for which the person who is the subject of the\nproceeding has a connection with a cross-border region; or\n(b) an appeal from such a proceeding.\n","sortOrder":102},{"sectionNumber":"95","sectionType":"section","heading":"Persons detained or kept in custody under SA law","content":"95 Persons detained or kept in custody under SA law\n(1) If:\n(a) in an SA proceeding, the person who is the subject of the\nproceeding is committed to detention under Part 8A of the\nCriminal Law Consolidation Act 1935 (SA); and\n(b) the person is required by a direction made under\nsection 269V of that Act to be kept in custody in a Territory\napproved facility or Territory prison;\nthe person may be kept in custody in the facility or prison in\naccordance with the direction.\n(2) If, in an SA proceeding, the person who is the subject of the\nproceeding is committed under section 269X of the Criminal Law\nConsolidation Act 1935 (SA) to custody in a Territory approved\nfacility or Territory prison, the person may be kept in custody in the\nfacility or prison in accordance with the committal.\n","sortOrder":103},{"sectionNumber":"96","sectionType":"section","heading":"Persons detained or kept in custody under WA law","content":"96 Persons detained or kept in custody under WA law\n(1) If, in a WA proceeding, the person who is the subject of the\nproceeding is required by a hospital order made under section 5(2)\nof the Criminal Law (Mentally Impaired Accused) Act 1996 (WA) to\nbe:\n(a) detained in a Territory approved facility; or\n(b) kept in custody in another place in the Territory;\nthe person may be detained in the facility, or kept in custody in the\nplace, in accordance with the order.\n\nCross-border Justice Act 2009 49\n(2) If:\n(a) in a WA proceeding, a custody order as defined section 3 of\nthe Criminal Law (Mentally Impaired Accused) Act 1996 (WA)\nis made for the person who is the subject of the proceeding;\nand\n(b) the person is required under section 24(1) or 25(2) of that Act\nto be detained in a Territory approved facility or another place\nin the Territory;\nthe person may be detained in the facility or other place in\naccordance with the order.\n","sortOrder":104},{"sectionNumber":"97","sectionType":"section","heading":"Serving sentence in Territory or another participating","content":"97 Serving sentence in Territory or another participating\n(1) A person who is sentenced to a term of imprisonment or period of\ndetention for an offence under the law of the Territory is liable to\nserve the sentence in a prison or detention centre in the Territory or\nanother participating jurisdiction if the person has a connection with\n(2) A person may be kept in custody in a prison or detention centre of\nanother participating jurisdiction under subsection (1) for the period\nnecessary to serve the sentence.\n(3) While a person is kept in custody in a prison or detention centre of\nanother participating jurisdiction under subsection (1), the person is\ntaken to be serving the sentence.\n","sortOrder":105},{"sectionNumber":"98","sectionType":"section","heading":"Warrant of commitment","content":"98 Warrant of commitment\nA judicial officer or registrar of the court sentencing a person to\nwhom section 97 applies may issue a warrant (a warrant of\ncommitment) directed to all authorised officers and ordering them\nto take the person to a prison or detention centre in the Territory or\nanother participating jurisdiction.\n\nCross-border Justice Act 2009 50\n","sortOrder":106},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Remand","content":"Subdivision 2 Remand\n","sortOrder":107},{"sectionNumber":"99","sectionType":"section","heading":"Remanded in custody in Territory or another participating","content":"99 Remanded in custody in Territory or another participating\nA person who is remanded in custody for an alleged offence under\nthe law of the Territory may be kept in custody in a remand facility\nin the Territory or another participating jurisdiction in accordance\nwith the order if the person has a connection with a cross-border\n","sortOrder":108},{"sectionNumber":"100","sectionType":"section","heading":"Remand warrant","content":"100 Remand warrant\nA judicial officer or registrar of the court remanding a person to\nwhom section 99 applies may issue a warrant (a remand warrant)\ndirected to all authorised officers and ordering them to take the\nperson to a remand facility in the Territory or another participating\n","sortOrder":109},{"sectionNumber":"101","sectionType":"section","heading":"Law of Territory applies","content":"101 Law of Territory applies\nTerritory applies (with any appropriate modifications) in relation to\nthe remand of a person in another participating jurisdiction under a\nremand warrant issued under section 100.\n","sortOrder":110},{"sectionNumber":"102","sectionType":"section","heading":"Bringing up prisoner or detainee in another participating","content":"102 Bringing up prisoner or detainee in another participating\njurisdiction before judicial body of Territory\n(1) This section applies in relation to a person in custody in a prison or\ndetention centre in another participating jurisdiction under the law of\na participating jurisdiction.\n(2) If the person is required or entitled to be present at proceedings of\na judicial body of the Territory:\n(a) the judicial body or person constituting it for the proceedings;\nor\n(b) an officer of the judicial body authorised in accordance with its\nprocedures; or\n(c) the person in charge of the prison or detention centre;\nmay, by written order, direct the person be brought up to the place\nnamed in the order.\n\nCross-border Justice Act 2009 51\n(3) The order can only be made if the person has a connection with a\ncross-border region that is partly in the participating jurisdiction in\nwhich the person is in custody.\n(4) If 2 or more people constitute the judicial body for the proceedings,\nsubsection (2)(a) applies to each of them.\n(5) In this section:\njudicial body, of the Territory, means a court, tribunal or other\nbody or person that under the law of the Territory has judicial or\nquasi judicial functions or otherwise acts judicially, and includes a\nBoard of Inquiry under the Inquiries Act 1945.\nproceedings, of a judicial body of the Territory, includes anything\ndone in the performance of the functions of the judicial body.\n","sortOrder":111},{"sectionNumber":"103","sectionType":"section","heading":"Custody of person brought up from prison or detention centre","content":"103 Custody of person brought up from prison or detention centre\nin another participating jurisdiction\nIf an order is made under section 102 in relation to a person:\n(a) the person in charge of the prison or detention centre in which\nthe person is in custody may charge an authorised officer with\ncarrying out the order; and\n(b) the person must:\n(i) while absent from the prison or detention centre for the\npurpose specified in the order, be kept in the charge of\nan authorised officer; and\n(ii) in due course and subject to any lawful order to the\ncontrary, be returned to the custody from which the\nperson was brought up without any prejudice to any\ncause or matter under the law of the Territory for which\nthe person was in that custody; and\n(c) if the proceeding the person is required to attend is adjourned,\nthe person may during the adjournment:\n(i) be taken to and confined in a prison or detention centre\nin a participating jurisdiction or be kept at a place in a\nparticipating jurisdiction in the charge of an authorised\nofficer; or\n(ii) be brought up from time to time and day-to-day to the\nplace where the person's attendance is required.\n\nCross-border Justice Act 2009 52\n","sortOrder":112},{"sectionNumber":"104","sectionType":"section","heading":"Carrying out custodial orders","content":"104 Carrying out custodial orders\nAn authorised officer of a participating jurisdiction may carry out a\ncustodial order of the Territory in the Territory or another\n","sortOrder":113},{"sectionNumber":"105","sectionType":"section","heading":"Application of Correctional Services Act 2014","content":"105 Application of Correctional Services Act 2014\nThe Correctional Services Act 2014 does not apply in relation to a\nperson in custody in a prison in another participating jurisdiction\nunder this Part.\n","sortOrder":114},{"sectionNumber":"106","sectionType":"section","heading":"Application of Youth Justice Act 2005","content":"106 Application of Youth Justice Act 2005\nThe provisions of the Youth Justice Act 2005 prescribed by\nregulation do not apply in relation to a person in custody in a\ndetention centre in another participating jurisdiction under this Part.\n","sortOrder":115},{"sectionNumber":"107","sectionType":"section","heading":"Carrying out non-custodial orders in another participating","content":"107 Carrying out non-custodial orders in another participating\n(1) A non-custodial order of the Territory may be carried out (wholly or\npartly) in another participating jurisdiction if the person against\nwhom the order is made or issued has a connection with a cross-\n(2) A community corrections officer or juvenile justice officer of the\npowers the officer has under the law of the Territory in relation to a\nnon-custodial order of the Territory if the person against whom the\norder was made or issued has a connection with a cross-border\nin relation to the order and those powers.\n","sortOrder":116},{"sectionNumber":"108","sectionType":"section","heading":"Conducting diversionary programs for young offenders in","content":"108 Conducting diversionary programs for young offenders in\n(1) A police officer, juvenile justice officer or other office holder of the\npowers the office holder has under Part 3 of the Youth Justice\nAct 2005 in relation to an alleged offender who has a connection\nwith a cross-border region.\n\n","sortOrder":117},{"sectionNumber":"Part 11","sectionType":"part","heading":"Sentences and orders under law of another participating jurisdiction","content":"Part 11 Sentences and orders under law of another participating jurisdiction\nCross-border Justice Act 2009 53\nin relation to those powers.\nPart 11 Sentences and orders under law of another\n","sortOrder":118},{"sectionNumber":"109","sectionType":"section","heading":"Serving sentence of imprisonment or detention in Territory","content":"109 Serving sentence of imprisonment or detention in Territory\n(1) A person who is sentenced to a term of imprisonment or period of\ndetention in relation to an offence under the law of another\nparticipating jurisdiction may serve the sentence in a prison or\ndetention centre in the Territory if the person has a connection with\n(2) A person may be kept in custody in a prison or detention centre of\nthe Territory under subsection (1) for the period necessary to serve\nthe sentence.\n(3) A person being kept in custody in a prison or detention centre under\nsubsection (1) may be released from custody in accordance with\nthe law of the other jurisdiction.\n","sortOrder":119},{"sectionNumber":"110","sectionType":"section","heading":"Remanded in custody in Territory","content":"110 Remanded in custody in Territory\n(1) A person who is remanded in custody in relation to an alleged\noffence under the law of another participating jurisdiction may be\nkept in custody in a remand facility in the Territory in accordance\nwith the order if the person has a connection with a cross-border\n(2) Except to the extent this Act provides differently, the law of the\nTerritory does not apply in relation to the remand of a person in a\nremand facility of the Territory under subsection (1).\n","sortOrder":120},{"sectionNumber":"111","sectionType":"section","heading":"Carrying out custodial orders","content":"111 Carrying out custodial orders\n(1) An authorised officer of a participating jurisdiction may carry out a\ncustodial order of another participating jurisdiction in the Territory.\n(2) An authorised officer of the Territory may carry out a custodial order\nof another participating jurisdiction in another participating\n\nPart 11 Sentences and orders under law of another participating jurisdiction\nCross-border Justice Act 2009 54\n","sortOrder":121},{"sectionNumber":"112","sectionType":"section","heading":"Effect of bring up order if person in custody under law of","content":"112 Effect of bring up order if person in custody under law of\n(1) This section applies in relation to a person in custody in a prison or\ndetention centre in a participating jurisdiction under the law of the\n(2) If the person is taken from and returned to the prison or detention\ncentre under a bring up order of another participating jurisdiction,\nsubject to any lawful order to the contrary, the person's absence\nfrom the prison or detention centre for the purpose specified in the\norder does not prejudice any cause or matter under the law of the\nTerritory for which the person was in that custody.\n","sortOrder":122},{"sectionNumber":"113","sectionType":"section","heading":"Application of Correctional Services Act 2014","content":"113 Application of Correctional Services Act 2014\nThe Correctional Services Act 2014 applies in relation to a person\nin custody in a prison in the Territory under this Division.\n","sortOrder":123},{"sectionNumber":"114","sectionType":"section","heading":"Application of Youth Justice Act 2005","content":"114 Application of Youth Justice Act 2005\nThe provisions of the Youth Justice Act 2005 prescribed by\nregulation apply in relation to a person in custody in a detention\ncentre in the Territory under this Division.\n","sortOrder":124},{"sectionNumber":"115","sectionType":"section","heading":"Carrying out non-custodial orders in Territory","content":"115 Carrying out non-custodial orders in Territory\n(1) A non-custodial order of another participating jurisdiction may be\ncarried out (wholly or partly) in the Territory if the person against\nwhom the order is made or issued has a connection with a cross-\n(2) A community corrections officer or juvenile justice officer of another\nparticipating jurisdiction may exercise in the Territory any of the\npowers the officer has under the law of the other jurisdiction in\nrelation to a non-custodial order of the other jurisdiction if the\nperson against whom the order is made or issued has a connection\nwith a cross-border region.\n(3) The law of the Territory does not apply in relation to the order or\nthose powers.\n\nCross-border Justice Act 2009 55\n","sortOrder":125},{"sectionNumber":"116","sectionType":"section","heading":"Conducting diversionary programs for young offenders in","content":"116 Conducting diversionary programs for young offenders in\n(1) A police officer, juvenile justice officer or other office holder of\nSouth Australia may exercise in the Territory any of the powers the\noffice holder has under Part 2 of the Young Offenders Act 1993\n(SA) in relation to an alleged offender who has a connection with a\n(2) A police officer, juvenile justice officer or other office holder of\nWestern Australia may exercise in the Territory any of the powers\nthe office holder has under Part 5 the Young Offenders Act 1994\n(WA) in relation to an alleged offender who has a connection with a\n(3) The law of the Territory does not apply in relation to those powers.\n","sortOrder":126},{"sectionNumber":"117","sectionType":"section","heading":"Definitions","content":"117 Definitions\nIn this Part:\nfine includes a pecuniary penalty, pecuniary forfeiture, pecuniary\ncompensation and fees, charges and costs payable under a\nconviction or order:\n(a) of a prescribed court of a participating jurisdiction; or\n(b) in an appeal from such a proceeding.\nfines Director, means the person holding or occupying the office of\nDirector under the Fines Enforcement Act.\nFines Enforcement Act means the Fines and Penalties\n(Recovery) Act 2001.\nfines enforcement agency, of another participating jurisdiction,\n(a) for South Australia – the Manager, Penalty Management as\ndefined in section 3(1) of the Criminal Law (Sentencing)\nAct 1988 (SA); or\n(b) for Western Australia – the Fines Enforcement Registry\nestablished by section 6 of the Fines, Penalties and\nInfringement Notices Enforcement Act 1994 (WA).\n\nCross-border Justice Act 2009 56\nFines Recovery Unit, see section 5 of the Fines Enforcement Act.\n","sortOrder":127},{"sectionNumber":"118","sectionType":"section","heading":"Request to enforce fine in another participating jurisdiction","content":"118 Request to enforce fine in another participating jurisdiction\n(1) The fines Director may request the fines enforcement agency of\nanother participating jurisdiction (the reciprocating agency) to\nenforce a fine for which an enforcement order is registered under\nsection 31 of the Fines Enforcement Act if the offender on whom\nthe fine has been imposed has a connection with a cross-border\n(2) The request must be in writing and accompanied by:\n(a) a certified copy of the order imposing the fine; and\n(b) a certificate signed by the fines Director certifying the amount\nof the fine outstanding; and\n(c) written advice about the offender's connection with the region.\n","sortOrder":128},{"sectionNumber":"119","sectionType":"section","heading":"Effect of making request","content":"119 Effect of making request\nOn making the request, the fines Director must:\n(a) cancel any order or unexecuted warrant in force in relation to\nthe fine under Part 5 of the Fines Enforcement Act; and\n(b) if the Fines Recovery Unit has requested the Registrar of\nMotor Vehicles to take enforcement action in relation to the\nfine – request the Registrar to cease enforcement action; and\n(c) not take any action or further action to enforce the fine under\nthe Fines Enforcement Act unless section 122 applies.\n","sortOrder":129},{"sectionNumber":"120","sectionType":"section","heading":"Receipt of amount by fines Director","content":"120 Receipt of amount by fines Director\nIf, after making the request, the fines Director receives from the\noffender an amount in whole or part satisfaction of the fine, the\nDirector must notify the reciprocating agency in writing of the\npayment.\n","sortOrder":130},{"sectionNumber":"121","sectionType":"section","heading":"Receipt of amount from reciprocating agency","content":"121 Receipt of amount from reciprocating agency\nIf, after making the request, the fines Director receives from the\nreciprocating agency an amount in whole or part satisfaction of the\nfine, the Director must apply the amount as if it had been received\nfrom the offender in whole or part satisfaction of the fine.\n\nDivision 3 Fines under law of another participating jurisdiction\nCross-border Justice Act 2009 57\n","sortOrder":131},{"sectionNumber":"122","sectionType":"section","heading":"Resumption of enforcement by fines Director","content":"122 Resumption of enforcement by fines Director\nAfter making the request, the fines Director may take action or\nfurther action to enforce the fine under the Fines Enforcement Act\nonly if the fines Director:\n(a) requests the reciprocating agency in writing to cease enforcing\nthe fine; or\n(b) receives from that agency written advice that the agency will\nnot take any action or further action to enforce the fine.\nDivision 3 Fines under law of another participating\n","sortOrder":132},{"sectionNumber":"123","sectionType":"section","heading":"Request to enforce fine in Territory","content":"123 Request to enforce fine in Territory\n(1) If the fines Director receives a request under subsection (2) from\nthe fines enforcement agency of another participating jurisdiction\n(the reciprocating agency) to enforce a fine imposed on an\noffender who has a connection with a cross-border region, the fines\nDirector must register the order imposing the fine.\n(2) The request must be in writing and accompanied by:\n(a) a certified copy of the order imposing the fine; and\n(b) a certificate signed by or on behalf of the reciprocating agency\ncertifying the amount of the fine outstanding; and\n(c) written advice about the offender's connection with the region.\n","sortOrder":133},{"sectionNumber":"124","sectionType":"section","heading":"Effect of registration","content":"124 Effect of registration\n(1) On registration of the order imposing a fine under section 123(1),\nthe fines Director may enforce the fine under the Fines\nEnforcement Act as if an order for it were registered under\nsection 31 of that Act.\n(2) However, the fines Director cannot issue a warrant of commitment\nunder Part 5, Division 10, of the Fines Enforcement Act for\nenforcing the fine.\n\nDivision 3 Fines under law of another participating jurisdiction\nCross-border Justice Act 2009 58\n","sortOrder":134},{"sectionNumber":"125","sectionType":"section","heading":"Receipt of amount by reciprocating agency","content":"125 Receipt of amount by reciprocating agency\nIf, after registration of the order imposing a fine under\nsection 123(1), the fines Director receives written notice from the\nreciprocating agency that the offender has paid an amount in whole\nor part satisfaction of the fine, the fines Director:\n(a) must record the payment; and\n(b) may take action or further action under the Fines Enforcement\nAct to enforce only the amount of the fine outstanding.\n","sortOrder":135},{"sectionNumber":"126","sectionType":"section","heading":"Receipt of amount by fines Director","content":"126 Receipt of amount by fines Director\nIf, after registration of the order imposing a fine under\nsection 123(1), the fines Director receives an amount in whole or\npart satisfaction of the fine:\n(a) from the offender; or\n(b) as a result of any action taken by the fines Director to enforce\nthe fine under the Fines Enforcement Act;\nthe fines Director must pay the amount received to the reciprocating\nagency.\n","sortOrder":136},{"sectionNumber":"127","sectionType":"section","heading":"Request to cease enforcement of fine","content":"127 Request to cease enforcement of fine\n(1) This section applies if, after registration of the order imposing a fine\nunder section 123(1), the fines Director:\n(a) receives a written request from the reciprocating agency to\ncease enforcing the fine; or\n(b) advises the reciprocating agency in writing that the fines\nDirector will not take any action or further action to enforce the\nfine.\n(2) The fines Director must:\n(a) cancel any order or unexecuted warrant in force in relation to\nthe fine under Part 5 of the Fines Enforcement Act; and\n(b) if the Fines Recovery Unit has requested the Registrar of\nMotor Vehicles to take enforcement action in relation to the\nfine – request the Registrar to cease enforcement action; and\n\nDivision 1 Holding offices and exercising powers under law of other jurisdictions\nCross-border Justice Act 2009 59\n(c) advise the reciprocating agency of the amount of the fine\noutstanding, taking into account:\n(i) an amount received from the offender in whole or part\nsatisfaction of the fine, including any payment recorded\nunder section 125(a); and\n(ii) an amount received by the fines Director in whole or part\nsatisfaction of the fine as a result of any action taken by\nthe fines Director to enforce the fine under the Fines\nEnforcement Act; and\n(iii) any reduction (calculated in accordance with the\nregulations) of the amount of the fine as a consequence\nof any action taken by the fines Director to enforce the\nfine under the Fines Enforcement Act; and\n(d) pay to the reciprocating agency an amount received by the\nfines Director in whole or part satisfaction of the fine that has\nnot already been paid under section 126; and\n(e) not take any action or further action to enforce the fine under\nthe Fines Enforcement Act.\n(3) On receiving or making a request under this section, the order\nimposing the fine ceases to be registered under section 123(1).\nDivision 1 Holding offices and exercising powers under law\nof other jurisdictions\n","sortOrder":137},{"sectionNumber":"128","sectionType":"section","heading":"Secondary office holders and secondary offices","content":"128 Secondary office holders and secondary offices\n(1) A secondary office holder is an office holder of a participating\njurisdiction who holds office (whether under an appointment or\notherwise) because the office holder is an office holder of 1 of the\nother participating jurisdictions.\n(2) A secondary office is an office held under the law of a participating\njurisdiction by a secondary office holder.\nExample for section 128\nSA and WA police officers who are appointed as NT police officers under the\nPolice Administration Act 1978 will be secondary office holders of the NT.\n\nDivision 2 Appointment of magistrates of another participating jurisdiction to be Local\nCourt Judges of Territory\nCross-border Justice Act 2009 60\n","sortOrder":138},{"sectionNumber":"129","sectionType":"section","heading":"Office holders of Territory may be secondary office holders of","content":"129 Office holders of Territory may be secondary office holders of\nAn office holder of the Territory may hold a secondary office under\nthe law of another participating jurisdiction, and exercise the powers\nof that office, for the other participating jurisdiction's cross-border\n","sortOrder":139},{"sectionNumber":"130","sectionType":"section","heading":"Office holders of another participating jurisdiction may be","content":"130 Office holders of another participating jurisdiction may be\nsecondary office holders of Territory\nAn office holder of another participating jurisdiction may hold a\nsecondary office under the law of the Territory, and exercise the\npowers of that office, for the Territory's cross-border laws.\n","sortOrder":140},{"sectionNumber":"131","sectionType":"section","heading":"Terms of appointment of secondary office holders under law of","content":"131 Terms of appointment of secondary office holders under law of\n(1) This section applies in relation to an office holder of another\nparticipating jurisdiction who holds a secondary office under the law\nof the Territory for the Territory's cross-border laws.\n(2) The conditions of service (including as to remuneration) of the\nsecondary office holder are those that the office holder is entitled to\nunder the law of the other jurisdiction.\n(3) The secondary office holder ceases to hold the secondary office if\nthe office holder ceases to hold the office under the law of the other\n(4) In this section:\nremuneration includes salary, allowances, fees, emoluments and\nbenefits (whether in money or otherwise).\nDivision 2 Appointment of magistrates of another\nparticipating jurisdiction to be Local Court Judges\nof Territory\n","sortOrder":141},{"sectionNumber":"132","sectionType":"section","heading":"Appointment as Local Court Judges","content":"132 Appointment as Local Court Judges\nPart 5 of the Local Court Act 2015 applies (with any appropriate\nmodifications) in relation to the appointment of magistrates of\nanother participating jurisdiction to be Local Court Judges under\nthat Act.\n\nCross-border Justice Act 2009 61\n","sortOrder":142},{"sectionNumber":"133","sectionType":"section","heading":"Reporting accidents, producing driver's licences etc. to police","content":"133 Reporting accidents, producing driver's licences etc. to police\nstations etc.\n(1) Subsections (2) and (3) apply in relation to a requirement under the\nlaw of the Territory to do something if no other provision of the\nTerritory's cross-border laws authorises the thing to be done in\nanother participating jurisdiction.\n(2) A person who is required under the Territory's road traffic laws to do\nsomething at a police station or other place may do that thing at a\npolice station or other place in another participating jurisdiction if\nthe person has a connection with a cross-border region.\n(3) A person who is required under any other law of the Territory to do\nsomething at a police station may do that thing at a police station in\nanother participating jurisdiction if the person has a connection with\n(4) Subsections (5) and (6) apply in relation to a requirement under the\nlaw of another participating jurisdiction to do something if no other\nprovision of the Territory's cross-border laws allows the thing to be\ndone in the Territory.\n(5) A person who is required under another participating jurisdiction's\nroad traffic laws to do something at a police station or other place\nmay do that thing at a police station or other place in the Territory if\nthe person has a connection with a cross-border region.\n(6) A person who is required under any other law of another\nparticipating jurisdiction to do something at a police station may do\nthat thing at a police station in the Territory if the person has a\nconnection with a cross-border region.\n(7) In this section:\nroad traffic laws, of a participating jurisdiction, means:\n(a) for the Territory – the Traffic Act 1987; or\n(b) for another jurisdiction – the road traffic laws of the jurisdiction\nunder its cross-border laws.\n","sortOrder":143},{"sectionNumber":"134","sectionType":"section","heading":"Operation of Coroners Act 1993","content":"134 Operation of Coroners Act 1993\nThis Act does not affect the application of the Coroners Act 1993 in\nrelation to the investigation of the death of a person.\n\nCross-border Justice Act 2009 62\n","sortOrder":144},{"sectionNumber":"135","sectionType":"section","heading":"Power of Minister to enter agreements","content":"135 Power of Minister to enter agreements\n(1) The Minister may make an agreement with a Minister of another\nparticipating jurisdiction in relation to any matter that is necessary\nor convenient for giving effect to this Act.\n(2) Subsection (1) does not limit the power of the Minister to enter into\nagreements relating to the administration of justice in a cross-\n(3) In this section:\nMinister, of a participating jurisdiction, includes a person acting for\na Minister of the jurisdiction.\n","sortOrder":145},{"sectionNumber":"136","sectionType":"section","heading":"Inconsistency between Act and agreement","content":"136 Inconsistency between Act and agreement\nIf there is an inconsistency between this Act and an agreement\nmentioned in section 135(1), this Act prevails to the extent of the\ninconsistency.\n","sortOrder":146},{"sectionNumber":"137","sectionType":"section","heading":"Protection of office holders of Territory taking action in","content":"137 Protection of office holders of Territory taking action in\nAn office holder of the Territory has the same protection and\nimmunity, and is subject to the same liability, under the law of the\nTerritory in relation to any action the office holder takes under the\nTerritory's cross-border laws in another participating jurisdiction as\nthe office holder would have, and be subject to, if the office holder\nwere to take the action in the Territory.\n","sortOrder":147},{"sectionNumber":"138","sectionType":"section","heading":"Protection of office holders of another participating","content":"138 Protection of office holders of another participating\njurisdiction taking action in Territory\nAn office holder of another participating jurisdiction has the same\nprotection and immunity, and is subject to the same liability, under\nthe law of the Territory in relation to any action the office holder\ntakes under the other jurisdiction's cross-border laws in the Territory\nas the office holder would have, and be subject to, under the law of\nthe other jurisdiction if the office holder were to take the action in\n\nCross-border Justice Act 2009 63\n","sortOrder":148},{"sectionNumber":"139","sectionType":"section","heading":"Disclosure of information to authorities in another","content":"139 Disclosure of information to authorities in another\n(1) A person or body in the Territory who is authorised under a law of\nthe Territory to disclose information to another person or body in\nthe Territory (a Territory authority) may disclose the information to\na person or body in another participating jurisdiction (an interstate\nauthority) if:\n(a) the interstate authority exercises powers that correspond with\nthe powers exercised by the Territory authority; and\n(b) the information is relevant to the administration of the cross-\nborder laws of the Territory or other jurisdiction.\n(2) The Chief Executive Officer may authorise the disclosure of\ninformation about persons who are being or have been dealt with\nunder the Territory's cross-border laws to a person or body\n(whether in the Territory or elsewhere) for use in research.\n(3) The Minister may establish procedures for the disclosure of\ninformation under this section.\n","sortOrder":149},{"sectionNumber":"140","sectionType":"section","heading":"Delegation by Chief Executive Officer","content":"140 Delegation by Chief Executive Officer\n(1) The Chief Executive Officer may delegate any of the Chief\nExecutive Officer's powers and functions under this Act.\n(2) The delegation must be in writing signed by the Chief Executive\nOfficer.\n(3) A power or function when exercised or performed by the delegate is\ntaken to have been exercised or performed in accordance with the\ndelegation unless the contrary is shown.\n","sortOrder":150},{"sectionNumber":"141","sectionType":"section","heading":"Regulations","content":"141 Regulations\nThe Administrator may make regulations under this Act.\n","sortOrder":151},{"sectionNumber":"142","sectionType":"section","heading":"Review of Act","content":"142 Review of Act\n(1) The Minister must carry out a review of the operation and\neffectiveness of this Act as soon as practicable after the expiry of\n3 years after the commencement of this Act.\n(2) The Minister must:\n(a) prepare a report on the outcome of the review; and\n\nCross-border Justice Act 2009 64\n(b) table a copy of the report in the Legislative Assembly within\n4 years after the commencement of this Act.\n\nCross-border Justice Act 2009 65\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nCross-border Justice Act 2009 (Act No. 1, 2009)\nAssent date 12 March 2009\nCommenced ss 67(b), 68(2)(e), 106, 108, 114, 116 and Part 15 Div 6:\n1 December 2009; rem: 1 November 2009 (Gaz S59,\n29 October 2009)\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\nStatute Law Revision Act 2014 (Act No. 38, 2014)\nAssent date 13 November 2014\nCommenced 13 November 2014\nLocal Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (Gaz S34, 29 April 2016)\nPersonal Violence Restraining Orders Act 2016 (Act No. 10, 2016)\nAssent date 29 April 2016\nCommenced pt 4, div 5: 29 April 2016; rem: 1 May 2016 (s 2, s 2 Local\nCourt (Repeals and Related Amendments) Act 2016 (Act\nNo. 9, 2016) and Gaz S34, 29 April 2016)\nYouth Justice Legislation Amendment Act 2017 (Act No. 19, 2017)\nAssent date 30 October 2017\nCommenced 5 January 2018 (Gaz G51, 20 December 2017, p 4)\n\nCross-border Justice Act 2009 66\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 7, 37, 48, 56, 67, 68, 76,\n79, 87, 92, 93, 94, 102, 105, 106, 108, 113, 114, 117, 128, 132, 133 and 134.\n4 LIST OF AMENDMENTS\ns 7 amd No. 27, 2014, s 57; No. 9, 2016, s 76; No. 10, 2016, s 26; No. 19, 2017,\ns 39\ns 5 amd No. 9, 2016, s 79\ns 33 amd No. 9, 2016, s 79\ns 35 amd No. 9, 2016, s 79\ns 67 amd No. 9, 2016, s 77\ns 68 amd No. 9, 2016, s 78\ns 69 amd No. 9, 2016, s 79\nss 80 – 81 amd No. 9, 2016, s 79\ns 85 amd No. 9, 2016, s 79\nss 90 – 91 amd No. 9, 2016, s 79\ns 105 amd No. 27, 2014, s 57\ns 113 amd No. 27, 2014, s 57\ns 127 amd No. 38, 2014, s 2\npt 13\ndiv 2 hdg amd No. 9, 2016, s 79\ns 132 amd No. 9, 2016, s 79\npt 15 hdg exp No. 1, 2009, s 160\ndiv 1 hdg exp No. 1, 2009, s 160\nss 143 – 145 exp No. 1, 2009, s 160\ndiv 2 hdg exp No. 1, 2009, s 160\nss 146 – 148 exp No. 1, 2009, s 160\ndiv 3 hdg exp No. 1, 2009, s 160\nss 149 – 151 exp No. 1, 2009, s 160\ndiv 4 hdg exp No. 1, 2009, s 160\nss 152 – 153 exp No. 1, 2009, s 160\ndiv 5 hdg exp No. 1, 2009, s 160\nss 154 – 156 exp No. 1, 2009, s 160\ndiv 6 hdg exp No. 1, 2009, s 160\nss 157 – 159 exp No. 1, 2009, s 160\ndiv 7 hdg exp No. 1, 2009, s 160\ns 160 exp No. 1, 2009, s 160","sortOrder":152}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act retains its original core purpose — enabling cooperative administration of justice in border regions (s5) — but subsequent amendments and associated Acts have broadened operational scope and added specific subject-matter coverage. Notable expansions and clarifying additions include: incorporation of newer NT statutes and structures (for example, alignment with the Local Court Act 2015 and the Correctional Services Act 2014 in corrections and court provisions; see notes and amendments), explicit treatment of new restraining‑order regimes (Personal Violence Restraining Orders Act 2016) and detailed reciprocal fines‑enforcement mechanics (Part 12, ss118–127). The Act was also amended to reflect and permit cross-border handling of youth justice and mentally impaired accused (Parts 9, 10 and 11 with references to Youth Justice and relevant SA/WA mental‑health custody laws). Those additions move the Act from a primarily procedural cooperation framework into a more operational, multi‑topic statute covering policing, courts, custody, fines, restraining orders and secondary appointments. In short: the original intent is preserved, but the legislative footprint has materially grown to address a wider set of justice functions and to integrate with several later statutes and administrative arrangements."},"complexity_factors":["Extensive interpretation section with around 50 defined terms and many jurisdiction-specific definitions (section 7) that affect almost every operational provision","Many cross-references to other Territory Acts (Local Court Act 2015, Youth Justice Act 2005, Fines Enforcement Act, Police Administration Act 1978, Correctional Services Act 2014, Domestic and Family Violence Act 2007, Personal Violence Restraining Orders Act 2016, Bail Act 1982, Sentencing Act 1995, Traffic Act 1987, Criminal Code) and to parallel SA/WA cross-border laws (section 8)","Conditional logic tied to a person’s \"connection with a cross-border region\" with multiple, overlapping factual routes to establish connection (Part 2, ss20–25) and reverse onus rules for proving non-residency or absence (ss27–28)","Nested permissions: many powers are permitted only where the other jurisdiction also authorises them (ss15–16) creating two‑step checks","Numerous 'appropriate modifications' and regulatory delegations which require reading statutory text together with regulations and agreements (ss13–14, s135, s141)","Multiple functional modules (police powers, road traffic/drug testing, restraining orders, courts sitting interstate, custody/serving sentences, fines enforcement, secondary offices) each with bespoke rules and exceptions (Parts 3–13)","Explicit exclusions and limits (e.g., prohibition on conducting preliminary breath/oral-fluid tests in another jurisdiction: ss44 and 60) requiring careful cross-checking of permitted vs prohibited acts","Procedural complexity around court practice, evidence and criminal liability across jurisdictions (ss70–72, 84–85), and interplay of confidentiality and information-sharing (s139)","Several operational examples in the Act that indicate many fact-specific permutations (throughout Parts 3–6 and others)","Delegation and administrative discretion (s140) plus mandated statutory review provisions (s142) — operational complexity spreads beyond the Act into administrative practice"],"plain_english_summary":"**What this law does, mechanically**\n\n- The Cross-border Justice Act 2009 lets the Northern Territory (NT) and the States of South Australia (SA) and Western Australia (WA) operate certain parts of their criminal justice systems across the borders of those jurisdictions in specified \"cross-border regions.\" (See s4, s5, s19.)\n\n- Practically, it does the following things:\n  - Allows NT police officers, Local Court Judges and other NT \"office holders\" to exercise NT powers in specified parts of SA or WA (and allows SA/WA officers to exercise their powers in the NT), provided the person or matter has a defined connection to a cross-border region. (See s6, s32–35, s52–55, s68–69.)\n  - Enables NT courts to sit and decide eligible summary and related matters outside the NT and allows SA/WA courts to sit in the NT for cross-border matters. It makes rules about practice, evidence and enforcement when that happens. (See Part 5 and Part 6, especially ss68–71, 82–84.)\n  - Permits arrest (with or without a warrant), investigation (searches, interviewing, taking samples, executing warrants), custody and remand to happen across borders when the person has a connection to a prescribed cross-border region. (See ss32–36, 99–101, 54.)\n  - Sets out how custodial and non-custodial sentences, remand, bring-up orders (bringing a prisoner to court), and diversionary programs can be carried out in the other jurisdiction. (See Parts 10 and 11, particularly ss97–107, 109–116.)\n  - Provides for registration and reciprocal recognition of interstate restraining orders and a process for fines enforcement to be transferred between jurisdictions. (See ss78–81, 90–91, Part 12 (ss118–127).)\n  - Authorises \"secondary\" appointments (for example, an SA or WA magistrate or police officer holding NT office for cross-border purposes) and sets terms for those appointments. (See ss128–131, 132.)\n  - Authorises information-sharing, allows Ministers to enter supporting agreements, and preserves immunities and protections for officers acting under cross-border powers. (See ss135–139, 137–138.)\n\n**Who is affected**\n\n- Police officers, magistrates and court registrars of the NT, SA and WA when they exercise cross-border functions.\n- Accused and convicted persons, victims, witnesses and other participants in police or court processes who have a \"connection\" to a prescribed cross-border region (definitions and tests are in Part 2, esp. ss19–31).\n- Corrections and community‑corrections personnel involved in remand, imprisonment, detention centres, or carrying out non‑custodial orders across borders.\n- People subject to restraining orders and unpaid fines, where those orders or fines are registered for enforcement interstate. (See Parts 10–12.)\n\n**Why it matters (official purpose and operational test)**\n\n- The Act explicitly aims to \"facilitate the administration of justice in the cross-border regions\" (s5). It does that by creating statutory permission and procedures for cross-border policing, court hearings, custody and enforcement so that matters touching the same local community can be handled without forcing people or witnesses to travel long distances or use complex interstate processes.\n\n**Key operational mechanics and constraints**\n\n- \"Connection\" trigger: Almost every cross-border power depends on a person having a connection with a prescribed cross-border region (Part 2, ss20–25). How connection is established matters — the onus to disprove residence or presence in some circumstances falls on the person (ss27–28).\n\n- Mutual authorisation required: The Act only operates where the other jurisdiction's law permits the same exercise of power; it does not unilaterally override the other State's law (see s15 and s16). In short, NT officers may act in SA/WA only to the extent SA/WA law allows, and vice versa.\n\n- \"Appropriate modifications\": When territorial laws apply outside the NT, they apply \"with any appropriate modifications\" so they fit the other jurisdictional context (ss13–14). That leaves significant drafting and operational detail to regulations and adapting procedures.\n\n- Limits on intrusive testing: The Act generally allows cross-border testing under drink/drug-driving laws to be recognised provided testing follows the relevant jurisdiction's procedures (ss41–43), but it expressly forbids a police officer from requiring preliminary breath/oral-fluid screening in another jurisdiction (s44 and s60). That is an operational constraint that preserves some practical limits on cross-border powers.\n\n- Court processes and evidence: When a NT court sits in another jurisdiction, NT practice and evidence rules apply (with modifications) (ss70–71), but the Act also creates offences where a person in the other jurisdiction obstructs an exercise of cross-border judicial or police power (ss51, 72).\n\n- Enforcement of fines: The Fines Director (NT) and reciprocating agencies in SA/WA can transfer enforcement responsibility for fines where the offender has a connection to a region (Part 12, ss118–127). This shifts administrative burden and may change which agency collects and distributes payments.\n\n- Staffing and costs: Secondary office holders are remunerated under their home jurisdiction's terms while acting in the other jurisdiction (s131(2)). The Act does not comprehensively set out cost-sharing for detention, transport or other operational expenses — some matters are left to agreements (s135) or to the parties' arrangements.\n\n**Practical trade-offs, incentives and risks (tested against the Act, with sections cited)**\n\n- Concentrated operational benefit: Police, courts and persons directly involved in cross-border regions obtain convenience and lower travel/coordination costs (s5). Those benefits are concentrated on local participants and law-enforcement agencies.\n\n- Diffuse compliance and administrative cost: The Act creates additional administrative work — identifying connections (Part 2), making and executing warrants across borders (ss33–35, 53), registering interstate orders (ss78–81) and transferring fines (Part 12). Some of that work will fall on registrars, fines directors and local police stations.\n\n- Reliance on other jurisdictions' rules: Many powers only function if the other jurisdiction authorises them. This creates interdependence and potential delays or complexity when SA/WA laws differ (s15). Testing procedures and evidentiary certificates rely on the other jurisdiction's technical rules (ss41–43, 43(3)(b)).\n\n- Implementation risk and discretion: The Act uses \"appropriate modifications\" (ss13–14) and leaves region designation to regulation (s19) and the Minister the power to make agreements (s135). That allocates significant detail to executive instruments and intergovernmental agreements, which creates points of administrative discretion and potential uncertainty.\n\n- Possible substitution effects: Where the Act applies, it provides an alternative to Commonwealth process under the Service and Execution of Process Act 1992 (Cth) (s17). That shifts how cross-border process occurs from federal mechanisms to interjurisdictional ones.\n\n- Protections and liabilities: The Act preserves civil/criminal protections and immunities for officers acting under cross-border authority (ss137–138). That clarifies liability risk for officers but does not address operational cost allocation for cross-border detention or transport.\n\n**Who pays, who decides, what behaviour changes**\n\n- Who pays: The Act does not systematically reallocate costs. Secondary office holders remain on home jurisdiction terms (s131(2)). Costs for detention, transport and other operational expenses are likely to be settled by agreement or customary interagency practice (s135). The fines enforcement provisions set out how money collected is handled between agencies (Part 12, ss120–126).\n\n- Who decides: Designation of cross-border regions is by regulation (s19); Ministers may enter agreements to handle operational detail (s135); courts and police decide case-by-case whether to use cross-border powers, guided by the connection tests and the object to facilitate local administration of justice (s6 note, s5).\n\n- Behaviour changes: Police and courts can choose to exercise jurisdiction and investigative powers where it is more practical to do so across the border, reducing travel and procedural duplication. Agencies will also need to change administrative workflows for warrants, registrations and fines enforcement to operate cross-border.\n\n**Immediate statutory highlights to note**\n\n- Arrest powers without/with warrant across borders: ss32–33 and ss52–53.\n- Investigation powers (search, sample, warrants) exercisable across borders: ss35 and 55.\n- Courts may sit and decide in other jurisdictions for specified types of proceedings: ss68–69 and ss82–83.\n- Sentencing, remand and serving of sentences across borders: Parts 10–11 (e.g. ss97–103, 109–114).\n- Fines enforcement reciprocity and registration: Part 12 (ss118–127).\n- Restraining order registration and enforcement: Parts 5 and 6 (ss78–81, 90–91).\n\nOverall: the Act is an enabling, operational statute that authorises and structures bilateral/multilateral justice cooperation across prescribed border regions. It creates conditional permissions (largely dependent on a person’s \"connection\" to a cross-border region and on reciprocity from the other jurisdiction), and leaves many practical details to regulations and intergovernmental agreements (ss13–14, s19, s135)."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2960},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose of facilitating justice administration in regions straddling the NT's borders with SA and WA. The long title and substantive provisions consistently address cross-border police powers, court jurisdiction, sentencing, bail, and fines. There is no evidence of 'mission creep' into unrelated policy areas; the comprehensive coverage of criminal justice mechanisms appears to be the intended scope from inception."},"complexity_factors":["Triple-jurisdiction interaction: The Act constantly cross-refers to the laws of NT, SA, and WA, requiring readers to understand how three separate legal systems interact simultaneously.","Extensive conditional logic: Most powers only apply if a 'connection with a cross-border region' is established (Part 2, Division 2), creating multiple nested conditions based on residency, arrest location, and offence location.","Mirror structure: The Act essentially duplicates its entire framework twice—once for NT officers/courts operating interstate (Parts 3, 5, 7, 10) and once for interstate officers/courts operating in NT (Parts 4, 6, 8, 11)—doubling the legislative length without adding new concepts.","Regulatory modifications: Section 13 allows other laws to be modified by regulation to give effect to this Act, meaning the full legal effect is not contained within the Act's text.","Complex definitions: Section 7 contains over 40 defined terms (e.g., 'cross-border laws', 'secondary office holder', 'appropriate modifications') that are essential to understanding the Act's scope.","Geographic layering: The Act distinguishes between NT/SA regions, NT/WA regions, and NT/SA/WA regions (section 7), with different rules applying depending on which regions are involved (Part 2, Division 4).","Exceptions within exceptions: Drink-driving enforcement applies cross-border (sections 42, 59), but preliminary breath tests cannot be conducted in another jurisdiction (sections 44, 60), creating carve-outs that require careful navigation.","Interplay with Commonwealth law: Section 17 addresses the relationship with the federal Service and Execution of Process Act 1992, adding another layer of statutory interaction."],"plain_english_summary":"This Act creates a practical legal framework for the remote areas where the Northern Territory, South Australia and Western Australia meet, letting justice follow people rather than arbitrary borders. It lets police, courts and corrections operate across those borders for people with a genuine connection to the border region, recognizes and enforces protection orders and penalties interstate, and permits shared appointments to smooth cooperation. It fixes real gaps that hinder policing, victim protection and court access in isolated communities."}},"importantCases":[],"_links":{"self":"/api/acts/cross-border-justice-act-2009","history":"/api/acts/cross-border-justice-act-2009/history","analysis":"/api/acts/cross-border-justice-act-2009/analysis","conflicts":"/api/acts/cross-border-justice-act-2009/conflicts","importantCases":"/api/acts/cross-border-justice-act-2009/important-cases","documents":"/api/acts/cross-border-justice-act-2009/documents"}}