{"id":"crossborder-justice-regulations-2009","name":"Cross-border Justice Regulations 2009","slug":"cross-border-justice-regulations-2009","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174475,"registerId":"wa-crossborder-justice-regulations-2009-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Cross-border Justice Regulations 2009","content":"![Crest]()Western Australia\n\nCross-border Justice Act 2008\n\nCross-border Justice Regulations 2009\n\nWestern Australia\n\nCross-border Justice Regulations 2009\n\nContents\n\nPart 1 — Preliminary matters\n\n1. Citation 1\n\n2. Commencement 1\n\nPart 2 — Cross‑border regions\n\n3. WA/SA/NT region 2\n\nPart 3 — Modifications of other laws of State\n\nDivision 1 — Interpretation of modifications\n\n4. Terms used in modifications 3\n\nDivision 2 — *Aboriginal Affairs Planning Authority Act 1972* modifications\n\n5. Act modified 3\n\n6. Section 48 altered 3\n\nDivision 3 — *Bail Act 1982* modifications\n\n7. Act modified 4\n\n8. Section 3 altered 4\n\n9. Section 4AA inserted 6\n\n4AA. 1M Application to accused in participating jurisdiction 6\n\n10. Schedule 1 Part D clause 2 altered 6\n\n11. Schedule 1 Part D clause 3 altered 8\n\nDivision 4 — *Children’s Court of Western Australia Act 1988* modifications\n\n12. Act modified 8\n\n13. Section 10 altered 8\n\n14. Section 12 altered 9\n\nDivision 5 — *Community Protection (Offender Reporting) Act 2004* modifications\n\n15. Act modified 9\n\n16. Section 34 altered 10\n\nDivision 6 — *Criminal Investigation Act 2006* modifications\n\n17. Act modified 10\n\n18. Section 3 altered 10\n\n19. Section 27 altered 12\n\n20A. Section 34 altered 12\n\n20B. Section 35 altered 13\n\n20C. Section 36 altered 13\n\n20D. Section 37 altered 13\n\n20. Section 38 altered 14\n\n21. Section 44 altered 14\n\n22. Section 47 altered 15\n\n23. Section 69 altered 15\n\n24. Section 73 altered 15\n\n25. Section 97 altered 17\n\n26. Section 133 altered 17\n\n27. Section 135 altered 18\n\n28. Section 140 altered 18\n\nDivision 7 — *Criminal Investigation (Extra‑territorial Offences) Act 1987* modifications\n\n29. Act modified 19\n\n30. Section 8A altered 19\n\nDivision 8 — *Criminal Investigation (Identifying People) Act 2002* modifications\n\n31. Act modified 19\n\n32. Section 3 altered 19\n\n33. Section 52 replaced 20\n\n52. 1M Definitions 20\n\nDivision 9 — *Criminal Law (Mentally Impaired Accused) Act 1996* modifications\n\n34. Act modified 21\n\n35. Section 3 altered 22\n\n36. Section 5A inserted 23\n\n5A. 1M Application to accused and mentally impaired accused in participating jurisdiction 23\n\n37. Section 5 altered 23\n\n38. Section 6 altered 24\n\n39. Section 23 altered 25\n\n40. Section 25 altered 26\n\n41. Section 26 altered 27\n\n42. Section 28 altered 28\n\n43. Section 32 replaced 29\n\n32. 1M Mental health and prisons laws do not apply 29\n\n44. Section 35 altered 30\n\n45. Section 45 altered 31\n\n46. Section 49 altered 31\n\nDivision 10 — *Criminal Procedure Act 2004* modifications\n\n47. Act modified 32\n\n48. Section 77 altered 32\n\n49. Section 135 altered 33\n\n50. Section 172 altered 33\n\nDivision 11 — *Evidence Act 1906* modifications\n\n51. Act modified 34\n\n52. Section 121 altered 34\n\nDivision 12 — *Fines, Penalties and Infringement Notices Enforcement Act 1994* modifications\n\n53. Act modified 34\n\n54. Section 50 altered 35\n\n55. Section 53 altered 35\n\nDivision 13 — *Magistrates Court Act 2004* modifications\n\n56. Act modified 35\n\n57. Section 6 altered 36\n\n58. Schedule 1 clause 10 inserted 36\n\n10. 1M Cross‑border magistrates 36\n\nDivision 14 — *Police Act 1892* modifications\n\n59. Act modified 37\n\n60. Section 36 altered 38\n\n61. Section 38C altered 38\n\nDivision 15 — *Prisoners (Interstate Transfer) Act 1983* modifications\n\n62. Act modified 38\n\n63. Section 5A inserted 38\n\n5A. 1M Relationship with cross‑border laws 38\n\n64. Section 5B inserted 39\n\n5B. 1M Application of this Part to State prisoners imprisoned in another participating jurisdiction 39\n\n65. Section 7A inserted 39\n\n7A. 1M Effect of orders under this Part on persons imprisoned under law of another participating jurisdiction 39\n\nDivision 16 — *Prisons Act 1981* modifications\n\n66. Act modified 40\n\n67. Section 3 altered 41\n\n68. Section 33 altered 41\n\n69. Section 64 altered 42\n\n70. Section 69 altered 42\n\n71. Section 85 altered 42\n\n72. Section 86 altered 42\n\nDivision 17 — *Prisons Regulations 1982* modifications\n\n73. Regulations modified 43\n\n74. Regulation 54W altered 43\n\nDivision 18 — *Restraining Orders Act 1997* modifications\n\n75. Act modified 44\n\n76. Section 62E altered 44\n\n77. Section 62F altered 44\n\n78. Section 72AA inserted 45\n\n72AA. 1M Notification of restraining orders made in cross‑border proceedings 45\n\n79. Section 75 altered 46\n\n80. Section 76 altered 46\n\n81. Section 78 altered 46\n\n82. Section 79AA inserted 47\n\n79AA. 1M Enforcement of unregistered interstate orders 47\n\nDivision 19 — *Road Traffic Act 1974* modifications\n\n83. Act modified 48\n\n85. Section 49A altered 48\n\n87. Section 56 altered 48\n\n88. Section 65 altered 49\n\n89. Section 66 altered 51\n\n90. Section 66B altered 51\n\n91. Section 66D altered 51\n\n92. Section 66E altered 52\n\n93. Section 78A altered 52\n\n94. Section 78C altered 52\n\n95. Section 80F altered 53\n\nDivision 20A — *Road Traffic (Administration) Act 2008* modifications\n\n96. Act modified 53\n\n97. Section 33 altered 53\n\n98. Section 47 altered 54\n\n99. Section 48 altered 54\n\n101B. Section 131 altered 55\n\nDivision 20B — *Road Traffic (Vehicles) Act 2012* modifications\n\n101C. Act modified 56\n\n101D. Section 13 altered 56\n\nDivision 20 — *Sentence Administration Act 2003* modifications\n\n101. Act modified 56\n\n102. Section 4 altered 56\n\n103. Section 30 altered 57\n\n104. Section 55 altered 57\n\n105. Section 70 altered 57\n\n106. Section 84 altered 57\n\n107. Section 98AA inserted 58\n\n98AA. 1M Ex officio community corrections officers 58\n\nDivision 21 — *Sentencing Act 1995* modifications\n\n108. Act modified 58\n\n109. Section 14A altered 59\n\n110. Section 33D altered 59\n\n111. Section 63 altered 59\n\n112. Section 68A inserted 60\n\n68A. 1M Hours of work under non‑custodial orders made in cross‑border proceedings 60\n\n113. Section 70 altered 61\n\n114. Section 75A inserted 61\n\n75A. 1M Hours of work under non‑custodial orders made in cross‑border proceedings 61\n\n115. Section 83 altered 62\n\n116. Section 89A inserted 63\n\n89A. 1M Commencement of sentences imposed in cross‑border proceedings 63\n\nDivision 22 — *Young Offenders Act 1994* modifications\n\n117. Act modified 64\n\n118. Section 3 altered 64\n\n119. Section 10 altered 65\n\n120. Section 11AA inserted 65\n\n11AA. 1M Ex officio juvenile justice officers 65\n\n121. Section 11A altered 66\n\n122. Section 17A altered 66\n\n123. Section 36 altered 66\n\n124. Section 48 altered 67\n\n125. Section 65A altered 67\n\n126. Section 65C altered 67\n\n127. Section 77 altered 68\n\n128. Section 92 altered 68\n\n129. Section 108 altered 68\n\n130. Section 136 altered 69\n\n131. Section 139 altered 69\n\n132. Section 161 altered 69\n\n133. Section 178 altered 70\n\n134. Section 194 altered 71\n\nPart 4 — Miscellaneous matters\n\n135. Authorised officers 72\n\n136. Custodial orders: recommendation about place of custody 72\n\n137. Reduction of fine when work or activity performed or period of custody served 72\n\nSchedule 1 — WA/SA/NT region\n\nPart A — Description of boundary line\n\nPart B — Areas in respect of which police officers stationed or carry out duties\n\nNotes\n\nCompilation table 76\n\nOther notes 77\n\n  \n\nCross-border Justice Act 2008\n\nCross-border Justice Regulations 2009\n\n## Part 1 — Preliminary matters\n\n##### 1. Citation\n\n\t\tThese regulations are the *Cross-border Justice Regulations 2009* 1.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) Part 3 Divisions 4 and 22 — on the day on which the *Cross‑border Justice Act 2008* sections 67(b), 68(2)(b) and (e), 108, 110, 117, 119 and 137 and Part 15 Division 1 come into operation;\n\n(b) the rest of the regulations — on the day on which the *Cross‑border Justice Act 2008* section 146 comes into operation1.\n\n## Part 2 — Cross‑border regions\n\n##### 3. WA/SA/NT region\n\n(1) The WA/SA/NT region is a cross‑border region that —\n\n(a) straddles the State’s borders with South Australia and the Northern Territory; and\n\n(b) is bounded by a line described in Schedule 1 Part A.\n\n(2) The map in Schedule 1 Part B is indicative of the areas in the WA/SA/NT region in respect of which police officers of participating jurisdictions may be stationed or carry out duties.\n\n## Part 3 — Modifications of other laws of State\n\n### Division 1 — Interpretation of modifications\n\n##### 4. Terms used in modifications\n\nIf a term is given a meaning in section 7 of the Act, it has the same meaning in a modification prescribed by these regulations unless the contrary intention appears in the modification.\n\nNotes for this Division:\n\n1. Under section 14 of the Act, in order to give effect to the Act, a law of the State must be applied with the modifications prescribed by these regulations as if the law had been altered in that way.\n\n2. If a modification is to replace or insert a numbered provision, the new provision is identified by the superscript 1M appearing after the provision number. If a modification is to replace or insert a definition, the new definition is identified by the superscript 1M appearing after the defined term.\n\n### Division 2 — *Aboriginal Affairs Planning Authority Act 1972* modifications\n\n##### 5. Act modified\n\nThis Division prescribes modifications to the *Aboriginal Affairs Planning Authority Act 1972*.\n\n##### 6. Section 48 altered\n\nIn section 48 after “any court” insert:\n\n(including cross‑border proceedings of a prescribed court of the State)\n\n### Division 3 — *Bail Act 1982* modifications\n\n##### 7. Act modified\n\nThis Division prescribes modifications to the *Bail Act 1982*.\n\n##### 8. Section 3 altered\n\n(1) In section 3(1) delete the definitions of:\n\n***authorised police officer***\n\n***court custody centre***\n\n***judicial officer***\n\n***lock‑up***\n\n(2) In section 3(1) insert in alphabetical order:\n\nauthorised police officer 1M means —\n\n(a) a police officer of the State who —\n\n(i) holds the rank of sergeant or a higher rank; or\n\n(ii) is for the time being in charge of a police station or lock‑up in the State;\n\nor\n\n(b) a police officer of another participating jurisdiction —\n\n(i) who —\n\n(I) holds the rank of sergeant or a higher rank; or\n\n(II) is for the time being in charge of a police station or lock‑up in that other jurisdiction;\n\nand\n\n(ii) who holds a secondary office as a police officer of the State;\n\ncourt custody centre 1M —\n\n(a) has the meaning given in the *Court Security and Custodial Services Act 1999* section 3; and\n\n(b) includes a part of court premises in another participating jurisdiction, other than the dock in a courtroom —\n\n(i) that is set aside as a place where persons in custody are detained; and\n\n(ii) that is not accessible to the members of the public without permission of the person in charge of the place;\n\njudicial officer 1M —\n\n(a) means any person empowered to exercise jurisdiction in a court whether or not he is sitting as a court; and\n\n(b) includes —\n\n(i) a single justice; and\n\n(ii) a magistrate of the State sitting in another participating jurisdiction; and\n\n(iii) where the context so requires, the Court of Appeal exercising jurisdiction under this Act;\n\njustice 1M, except in section 26, includes a magistrate of the State in another participating jurisdiction;\n\nlock‑up 1M includes —\n\n(a) a place prescribed as a lock‑up for the purposes of the *Court Security and Custodial Services Act 1999*; and\n\n(b) a place in another participating jurisdiction that is a lock‑up under the law of that other jurisdiction;\n\nplace 1M includes a place in another participating jurisdiction;\n\nprison 1M includes a prison in another participating jurisdiction;\n\n##### 9. Section 4AA inserted\n\nAfter section 4 insert:\n\n4AA. 1M Application to accused in participating jurisdiction\n\nThis Act applies in relation to an accused in a participating jurisdiction who has a connection with a cross‑border region.\n\n##### 10. Schedule 1 Part D clause 2 altered\n\n(1) In Schedule 1 Part D clause 2(1a)(d) delete “institution; or” and insert:\n\ninstitution (which may be in another participating jurisdiction); or\n\n(2) Delete Schedule 1 Part D clause 2(3a)(a) and insert:\n\n(a) 1M that the accused be assessed, either by a medical practitioner or an authorised mental health practitioner (as defined in the *Mental Health Act 2014* section 4) for the purpose of deciding whether to make a referral under section 26 of that Act and that Act applies accordingly;\n\n(ba) 1M that the accused be examined by a medical practitioner or authorised health professional under the *Mental Health Act 2009* (South Australia) for the purpose of deciding whether to make an order under section 10(1) or 21(1) of that Act and that Act applies accordingly;\n\n(bb) 1M that the accused be assessed by a medical practitioner, authorised psychiatric practitioner or designated mental health practitioner under the *Mental Health and Related Services Act 1998* (Northern Territory) for the purpose of deciding whether to make a recommendation under section 34(1) of that Act and that Act applies accordingly;\n\n(3) In Schedule 1 Part D clause 2(3a)(b) delete “hospital (as defined in the *Mental Health Act 2014* section 4);”and insert:\n\nhospital;\n\n(4) In Schedule 1 Part D clause 2(4) after “place” insert:\n\n(which may be in another participating jurisdiction)\n\n(5) Delete Schedule 1 Part D clause 2(7) and insert:\n\n(7) 1M In this clause, unless the contrary intention appears —\n\nauthorised hospital 1M means —\n\n(a) an authorised hospital as defined in the *Mental Health Act 2014* section 4; or\n\n(b) an approved treatment centre as defined in the *Mental Health Act 2009* (South Australia) section 3(1); or\n\n(c) an approved treatment facility as defined in the *Mental Health and Related Services Act 1998* (Northern Territory) section 4;\n\nmedical practitioner 1M means a person registered under the Health Practitioner Regulation National Law (Western Australia), the Health Practitioner Regulation National Law (South Australia) or the Health Practitioner Regulation National Law (NT) in the medical profession;\n\npsychiatrist 1M means —\n\n(a) a psychiatrist as defined in the *Mental Health Act 2014* section 4; or\n\n(b) a psychiatrist as defined in the *Mental Health Act 2009* (South Australia) section 3(1); or\n\n(c) a person who holds an appointment, or may be appointed, as an authorised psychiatric practitioner under the *Mental Health and Related Services Act 1998* (Northern Territory) section 22.\n\n[Regulation 10 amended: Gazette 29 Dec 2015 p. 5175‑6; 9 Mar 2018 p. 801‑2; SL 2020/164 r. 8.]\n\n##### 11. Schedule 1 Part D clause 3 altered\n\nIn Schedule 1 Part D clause 3(3) delete paragraph (b).\n\n### Division 4 — *Children’s Court of Western Australia Act 1988* modifications\n\n##### 12. Act modified\n\nThis Division prescribes modifications to the *Children’s Court of Western Australia Act 1988*.\n\n##### 13. Section 10 altered\n\nIn section 10(5):\n\n(a) before “(4) and (5)” insert:\n\n(4A),\n\n(b) delete “clause 9(9)) and 11” and insert:\n\nclause 9(9)), 10 (except clause 10(7) and (8)) and 12\n\n(c) delete paragraph (b) and “and” after it and insert:\n\n(b) 1M each reference in those provisions to a magistrate of the Magistrates Court were a reference to a magistrate of the Children’s Court; and\n\n##### 14. Section 12 altered\n\nAfter section 12(1a) insert:\n\n(1B) 1M Despite subsection (1), a cross‑border magistrate appointed under the *Magistrates Court Act 2004* Schedule 1 clause 10(2) as applied by section 10(5) who is a magistrate of another participating jurisdiction may take the oath or affirmation of office in that other participating jurisdiction before a judge of the Supreme Court of that other jurisdiction.\n\n### Division 5 — *Community Protection (Offender Reporting) Act 2004* modifications\n\n##### 15. Act modified\n\nThis Division prescribes modifications to the *Community Protection (Offender Reporting) Act 2004*.\n\n##### 16. Section 34 altered\n\nIn section 34(1):\n\n(a) in paragraph (a) after “station” insert:\n\nin a participating jurisdiction that is\n\n(b) in paragraph (b) after “place” insert:\n\nin a participating jurisdiction that is\n\n### Division 6 — *Criminal Investigation Act 2006* modifications\n\n##### 17. Act modified\n\nThis Division prescribes modifications to the *Criminal Investigation Act 2006*.\n\n##### 18. Section 3 altered\n\n(1) In section 3(1) delete the definition of ***place***.\n\n(2) In section 3(1) insert in alphabetical order:\n\n  JP 1M includes a magistrate of the State in another participating jurisdiction;\n\n  magistrate 1M includes a magistrate of the State in another participating jurisdiction;\n\n  place 1M means —\n\n(a) any land, building, structure, tent or mobile home in a participating jurisdiction; or\n\n(b) a part of any land, building, structure, tent or mobile home in a participating jurisdiction;\n\n(3) In section 3(1) in the definition of ***mobile home*** delete “vehicle —” and insert:\n\nvehicle in a participating jurisdiction —\n\n(4) In section 3(1) in the definition of ***public open area***:\n\n(a) in paragraph (a) after “an area” insert:\n\nin a participating jurisdiction\n\n(b) in paragraph (b) delete “an area of land —” and insert:\n\nan area of land in a participating jurisdiction —\n\n(5) In section 3(1) in the definition of ***public place***:\n\n(a) in paragraphs (a) and (b) after “a place” insert:\n\nin a participating jurisdiction\n\n(b) in paragraph (c) delete “education,” and insert:\n\neducation in a participating jurisdiction,\n\n(6) In section 3(1) in the definition of ***vehicle***:\n\n(a) in paragraph (a) after “any thing” insert:\n\nin a participating jurisdiction\n\n(b) in paragraph (b) after “a mobile home” insert:\n\nin a participating jurisdiction\n\n##### 19. Section 27 altered\n\nBefore section 27(1) insert:\n\n(1A) A police officer can exercise a power in this section in relation to a public place, or a vehicle used for public transport, anywhere in the State but cannot exercise that power in relation to a public place, or a vehicle used for public transport, in another participating jurisdiction.\n\n[Regulation 19 inserted: Gazette 13 Jul 2010 p. 3292.]\n\n##### 20A. Section 34 altered\n\n(1) At the beginning of section 34 insert:\n\n(1) A police officer can exercise a power in this section in relation to a public place anywhere in the State but cannot exercise that power in relation to a public place in another participating jurisdiction.\n\n(2) In section 34 delete “A police officer” and insert:\n\n(2) A police officer\n\n[Regulation 20A inserted: Gazette 13 Jul 2010 p. 3293.]\n\n##### 20B. Section 35 altered\n\nBefore section 35(1) insert:\n\n(1A) A police officer can exercise a power in this section in relation to a place or vehicle anywhere in the State but cannot exercise that power in relation to a place or vehicle in another participating jurisdiction.\n\n[Regulation 20B inserted: Gazette 13 Jul 2010 p. 3293.]\n\n##### 20C. Section 36 altered\n\n(1) At the beginning of section 36 insert:\n\n(1) An officer can exercise a power in this section in relation to a place or vehicle anywhere in the State but cannot exercise that power in relation to a place or vehicle in another participating jurisdiction.\n\n(2) In section 36 delete “If an officer” and insert:\n\n(2) If an officer\n\n[Regulation 20C inserted: Gazette 13 Jul 2010 p. 3293.]\n\n##### 20D. Section 37 altered\n\nBefore section 37(1) insert:\n\n(1A) A police officer can exercise a power in this section in relation to a place or vehicle anywhere in the State but cannot exercise that power in relation to a place or vehicle in another participating jurisdiction.\n\n[Regulation 20D inserted: Gazette 13 Jul 2010 p. 3293.]\n\n##### 20. Section 38 altered\n\n(1) At the beginning of section 38 insert:\n\n(1) A police officer can exercise a power in this section in relation to a vehicle anywhere in the State but cannot exercise that power in relation to a vehicle in another participating jurisdiction.\n\n(2) In section 38 delete “If a police officer” and insert:\n\n(2) If a police officer\n\n[Regulation 20 inserted: Gazette 13 Jul 2010 p. 3294.]\n\n##### 21. Section 44 altered\n\nIn section 44(1) in the definition of ***senior officer*** delete paragraph (a) and insert:\n\n(a) 1M in relation to a police officer of the State —\n\n(i) a police officer of the State who is, or is acting as, a sergeant or an officer of a rank more senior than a sergeant; or\n\n(ii) a police officer of another participating jurisdiction who —\n\n(I) is, or is acting as, a sergeant or an officer of a rank more senior than a sergeant; and\n\n(II) holds a secondary office as a police officer of the State;\n\n##### 22. Section 47 altered\n\nIn section 47(1) in the definition of ***senior officer*** delete paragraph (a) and insert:\n\n(a) 1M in relation to a police officer of the State —\n\n(i) a police officer of the State who is, or is acting as, a sergeant or an officer of a rank more senior than a sergeant; or\n\n(ii) a police officer of another participating jurisdiction who —\n\n(I) is, or is acting as, a sergeant or an officer of a rank more senior than a sergeant; and\n\n(II) holds a secondary office as a police officer of the State;\n\n##### 23. Section 69 altered\n\nBefore section 69(1) insert:\n\n(1A) A police officer or senior police officer can exercise a power in this section in relation to a public place anywhere in the State but cannot exercise that power in relation to a public place in another participating jurisdiction.\n\n[Regulation 23 inserted: Gazette 13 Jul 2010 p. 3294.]\n\n##### 24. Section 73 altered\n\n(1) In section 73 delete the definitions of:\n\n***dentist***\n\n***doctor***\n\n***nurse***\n\n***qualified person***\n\n(2) In section 73 insert in alphabetical order:\n\ndentist 1M means a person registered under the *Health Practitioner Regulation National Law (Western Australia)*, the *Health Practitioner Regulation National Law (South Australia)* or the *Health Practitioner Regulation National Law (NT)* in the dental profession whose name is entered on the Dentists Division of the Register of Dental Practitioners kept under that Law;\n\ndoctor 1M means a person registered under the *Health Practitioner Regulation National Law (Western Australia)*, the *Health Practitioner Regulation National Law (South Australia)* or the *Health Practitioner Regulation National Law (NT)* in the medical profession;\n\nnurse 1M means a person registered under the *Health Practitioner Regulation National Law (Western Australia)*, the *Health Practitioner Regulation National Law (South Australia)* or the *Health Practitioner Regulation National Law (NT)* in the nursing and midwifery profession whose name is entered on the Register of Nurses kept under that Law;\n\n  qualified person 1M, in relation to a forensic procedure, means —\n\n(a) a person in the State who is qualified under the regulations to do the procedure; or\n\n(b) a person in another participating jurisdiction who is authorised under the law of that other jurisdiction to do a procedure that is the same as or similar to the forensic procedure;\n\n[Regulation 24 amended: Gazette 9 Mar 2018 p. 802.]\n\n##### 25. Section 97 altered\n\nIn section 97(1) in the definition of ***senior officer*** delete paragraph (a) and insert:\n\n(a) 1M if an application is being made under this section by a police officer of the State —\n\n(i) a police officer of the State who is, or is acting as, a sergeant or an officer of a rank more senior than a sergeant; or\n\n(ii) a police officer of another participating jurisdiction who —\n\n(I) is, or is acting as, a sergeant or an officer of a rank more senior than a sergeant; and\n\n(II) holds a secondary office as a police officer of the State;\n\n##### 26. Section 133 altered\n\nIn section 133(1) in the definition of ***senior officer*** delete paragraph (a) and insert:\n\n(a) 1M in relation to a police officer of the State —\n\n(i) a police officer of the State who is, or is acting as, a sergeant or an officer of a rank more senior than a sergeant; or\n\n(ii) a police officer of another participating jurisdiction who —\n\n(I) is, or is acting as, a sergeant or an officer of a rank more senior than a sergeant; and\n\n(II) holds a secondary office as a police officer of the State;\n\n##### 27. Section 135 altered\n\nIn section 135(2)(b) delete “place.” and insert:\n\nplace in a participating jurisdiction.\n\n##### 28. Section 140 altered\n\nIn section 140(1) in the definition of ***senior officer*** delete paragraph (a) and insert:\n\n(a) 1M in the case of an arrested suspect who has been arrested by a police officer of the State —\n\n(i) a police officer of the State who is, or is acting as, a sergeant or an officer of a rank more senior than a sergeant; or\n\n(ii) a police officer of another participating jurisdiction who —\n\n(I) is, or is acting as, a sergeant or an officer of a rank more senior than a sergeant; and\n\n(II) holds a secondary office as a police officer of the State;\n\n### Division 7 — *Criminal Investigation (Extra‑territorial Offences) Act 1987* modifications\n\n##### 29. Act modified\n\nThis Division prescribes modifications to the *Criminal Investigation (Extra‑territorial Offences) Act 1987*.\n\n##### 30. Section 8A altered\n\nAfter section 8A(9) insert:\n\n(10) 1M To avoid doubt, a proceeding under this section in respect of a foreign offence is only a cross‑border proceeding if —\n\n(a) the offence is an offence under the law of another participating jurisdiction; and\n\n(b) the person arrested for the offence has a connection with a cross‑border region that is partly in that other jurisdiction.\n\n### Division 8 — *Criminal Investigation (Identifying People) Act 2002* modifications\n\n##### 31. Act modified\n\nThis Division prescribes modifications to the *Criminal Investigation (Identifying People) Act 2002*.\n\n##### 32. Section 3 altered\n\n(1) In section 3(1) delete the definition of ***JP***.\n\n(2) In section 3(1) insert in alphabetical order:\n\nJP 1M —\n\n(a) means Justice of the Peace; and\n\n(b) includes a magistrate of the State in another participating jurisdiction;\n\n  magistrate 1M includes a magistrate of the State in another participating jurisdiction;\n\n(3) In section 3(1) in the definition of ***senior officer*** delete paragraph (a) and insert:\n\n(a) 1M a police officer of the State who is, or is acting as, a sergeant or an officer of a rank more senior than a sergeant; or\n\n(ba) 1M a police officer of another participating jurisdiction who —\n\n(i) is, or is acting as, a sergeant or an officer of a rank more senior than a sergeant; and\n\n(ii) holds a secondary office as a police officer of the State;\n\nor\n\n##### 33. Section 52 replaced\n\nDelete section 52 and insert:\n\n52. 1M Definitions\n\nIn this Part —\n\ndentist 1M means a person registered under the *Health Practitioner Regulation National Law (Western Australia)*, the *Health Practitioner Regulation National Law (South Australia)* or the *Health Practitioner Regulation National Law (NT)* in the dental profession whose name is entered on the Dentists Division of the Register of Dental Practitioners kept under that Law;\n\ndoctor 1M means a person registered under the *Health Practitioner Regulation National Law (Western Australia)*, the *Health Practitioner Regulation National Law (South Australia)* or the *Health Practitioner Regulation National Law (NT)* in the medical profession;\n\nnurse 1M means a person registered under the *Health Practitioner Regulation National Law (Western Australia)*, the *Health Practitioner Regulation National Law (South Australia)* or the *Health Practitioner Regulation National Law (NT)* in the nursing and midwifery profession whose name is entered on the Register of Nurses kept under that Law;\n\n  qualified person 1M, in relation to an identifying procedure, means —\n\n(a) a person in the State who is qualified under the regulations to do the procedure; or\n\n(b) a person in another participating jurisdiction who is authorised under the law of that other jurisdiction to do a procedure that is the same as or similar to the identifying procedure.\n\n[Regulation 33 amended: Gazette 9 Mar 2018 p. 802‑3.]\n\n### Division 9 — *Criminal Law (Mentally Impaired Accused) Act 1996* modifications\n\n##### 34. Act modified\n\nThis Division prescribes modifications to the *Criminal Law (Mentally Impaired Accused) Act 1996*.\n\n##### 35. Section 3 altered\n\n(1) In section 3 delete the definitions of:\n\n***involuntary patient***\n\n***psychiatrist***\n\n(2) In section 3 insert in alphabetical order:\n\nauthorised hospital 1M includes —\n\n(a) an approved treatment centre as defined in the *Mental Health Act 2009* (South Australia) section 3(1); and\n\n(b) an approved treatment facility as defined in the *Mental Health and Related Services Act 1998* (Northern Territory) section 4;\n\ninvoluntary patient 1M —\n\n(a) has the same definition as in the *Mental Health Act 2014* section 4; and\n\n(b) includes a person who is the subject of an inpatient treatment order made under the *Mental Health Act 2009* (South Australia) Part 5; and\n\n(c) includes an involuntary patient as defined in the *Mental Health and Related Services Act 1998* (Northern Territory) section 4;\n\n  mental health laws 1M, of a participating jurisdiction, means —\n\n(a) if the jurisdiction is the State — the *Mental Health Act 2014*; or\n\n(b) if the jurisdiction is South Australia — the *Mental Health Act 2009* (South Australia); or\n\n(c) if the jurisdiction is the Northern Territory — the *Mental Health and Related Services Act 1998* (Northern Territory);\n\npsychiatrist 1M —\n\n(a) has the same definition as in the *Mental Health Act 2014* section 4; and\n\n(b) except in Part 6, includes —\n\n(i) a psychiatrist as defined in the *Mental Health Act 2009* (South Australia) section 3(1); and\n\n(ii) a person who holds an appointment, or may be appointed, as an authorised psychiatric practitioner under the *Mental Health and Related Services Act 1998* (Northern Territory) section 22;\n\n[Regulation 35 amended: Gazette 29 Dec 2015 p. 5176; 9 Mar 2018 p. 803‑4; SL 2020/164 r. 8.]\n\n##### 36. Section 5A inserted\n\nAt the end of Part 1 insert:\n\n5A. 1M Application to accused and mentally impaired accused in participating jurisdiction\n\nThis Act applies in relation to an accused or mentally impaired accused in a participating jurisdiction who has a connection with a cross‑border region.\n\n##### 37. Section 5 altered\n\nDelete section 5(4) and insert:\n\n(4) 1M Subject to this section, these things apply in relation to a hospital order —\n\n(a) if the order requires the accused to be examined by a psychiatrist as defined in the *Mental Health Act 2014* section 4, the order has effect as if the accused had been referred under section 26(2) of that Act for examination by a psychiatrist and that Act applies accordingly;\n\n(b) if the order requires the accused to be examined by a psychiatrist under the law of South Australia, the order has effect as if an order under the *Mental Health Act 2009* (South Australia) section 21(1) had been made in respect of the accused and that Act applies accordingly;\n\n(c) if the order requires the accused to be examined by a psychiatrist under the law of the Northern Territory, the order has effect as if a recommendation under the *Mental Health and Related Services Act 1998* (Northern Territory) section 34(1) had been made in respect of the accused and that Act applies accordingly.\n\n[Regulation 37 amended: Gazette 29 Dec 2015 p. 5176; 9 Mar 2018 p. 804; SL 2020/164 r. 8.]\n\n##### 38. Section 6 altered\n\nIn section 6(1) and (2) delete “the *Mental Health Act 2014*” and insert:\n\na participating jurisdiction’s mental health laws\n\nNote: The heading to modified section 6 is to read:\n\nRelationship with mental health laws\n\n[Regulation 38 amended: Gazette 29 Dec 2015 p. 5176.]\n\n##### 39. Section 23 altered\n\n(1) In section 23 delete the definitions of:\n\n***detention centre***\n\n***prison***\n\n(2) In section 23 insert in alphabetical order:\n\nauthorised hospital 1M means —\n\n(a) an authorised hospital as defined in the *Mental Health Act 2014* section 4; or\n\n(b) an approved treatment centre as defined in the *Mental Health Act 2009* (South Australia) section 3(1); or\n\n(c) an approved treatment facility as defined in the *Mental Health and Related Services Act 1998* (Northern Territory) section 4;\n\ndetention centre 1M means —\n\n(a) a detention centre as defined in the *Young Offenders Act 1994* section 3; or\n\n(b) a detention centre in another participating jurisdiction under its cross‑border laws;\n\n  prison 1M means —\n\n(a) a prison as defined in the *Prisons Act 1981* section 3(1); or\n\n(b) a prison in another participating jurisdiction under its cross‑border laws.\n\n(3) In section 23 in the definition of ***declared place*** after “place” (first occurrence) insert:\n\nin a participating jurisdiction\n\n[Regulation 39 amended: Gazette 29 Dec 2015 p. 5176‑7; 9 Mar 2018 p. 804; SL 2020/164 r. 8.]\n\n##### 40. Section 25 altered\n\n(1) In section 25(1)(b) after “the place” insert:\n\n(which may be in another participating jurisdiction)\n\n(2) After section 25(1) insert:\n\n(2A) 1M However, the Board cannot determine that the accused is to be detained at a place in another participating jurisdiction that is managed by or on behalf of a government department or agency of that other jurisdiction unless —\n\n(a) if that other jurisdiction is South Australia — the Chief Psychiatrist as defined in the *Mental Health Act 2009* (South Australia) section 3(1); or\n\n(b) if that other jurisdiction is the Northern Territory — the CEO as defined in the *Mental Health and Related Services Act 1998* (Northern Territory) section 4,\n\nconsents to the accused being detained at that place.\n\n(3) After section 25(2) insert:\n\n(3A) 1M However, the accused cannot be detained under subsection (2) in an authorised hospital, prison or detention centre in another participating jurisdiction that is managed by or on behalf of a government department or agency of that other jurisdiction unless —\n\n(a) if that other jurisdiction is South Australia — the Chief Psychiatrist as defined in the *Mental Health Act 2009* (South Australia) section 3(1); or\n\n(b) if that other jurisdiction is the Northern Territory — the CEO as defined in the *Mental Health and Related Services Act 1998* (Northern Territory) section 4,\n\nconsents to the accused being detained in that authorised hospital, prison or detention centre.\n\n(4) In section 25(3)(a) delete “from the hospital under the *Mental Health Act 2014* Part 7 Division 4 or to be granted leave of absence under Part 7 Division 6 of that Act; or” and insert:\n\nor granted a leave of absence from the hospital under a participating jurisdiction’s mental health laws; or\n\n[Regulation 40 amended: Gazette 29 Dec 2015 p. 5177; 9 Mar 2018 p. 804; SL 2020/164 r. 8.]\n\n##### 41. Section 26 altered\n\n(1) In section 26 delete “The Board” and insert:\n\n(1) 1M The Board\n\n(2) At the end of section 26 insert:\n\n(2) 1M However, the Board cannot amend its determination so that the accused is to be detained at a place in another participating jurisdiction that is managed by or on behalf of a government department or agency of that other jurisdiction unless —\n\n(a) if that other jurisdiction is South Australia — the Chief Psychiatrist as defined in the *Mental Health Act 2009* (South Australia) section 3(1); or\n\n(b) if that other jurisdiction is the Northern Territory — the CEO as defined in the *Mental Health and Related Services Act 1998* (Northern Territory) section 4,\n\nconsents to the accused being detained at that place.\n\n[Regulation 41 amended: Gazette 9 Mar 2018 p. 805; SL 2020/164 r. 8.]\n\n##### 42. Section 28 altered\n\n(1) In section 28(4)(b) delete “a specified place;” and insert:\n\na specified place (which may be in another participating jurisdiction);\n\n(2) After section 28(4) insert:\n\n(5) 1M However, the order cannot include a condition that the mentally impaired accused is to reside at a place in another participating jurisdiction that is managed by or on behalf of a government department or agency of that other jurisdiction unless —\n\n(a) if that other jurisdiction is South Australia — the Chief Psychiatrist as defined in the *Mental Health Act 2009* (South Australia) section 3(1); or\n\n(b) if that other jurisdiction is the Northern Territory — the CEO as defined in the *Mental Health and Related Services Act 1998* (Northern Territory) section 4,\n\nconsents to the accused residing at that place.\n\n[Regulation 42 amended: Gazette 9 Mar 2018 p. 805; SL 2020/164 r. 8.]\n\n##### 43. Section 32 replaced\n\nDelete section 32 and insert:\n\n32. 1M Mental health and prisons laws do not apply\n\n(1) In this section —\n\n  prisons laws 1M, of a participating jurisdiction, means —\n\n(a) if the jurisdiction is the State — the *Prisons Act 1981*; or\n\n(b) if the jurisdiction is South Australia — the *Correctional Services Act 1982* (South Australia); or\n\n(c) if the jurisdiction is the Northern Territory — the *Correctional Services Act 2014* (Northern Territory).\n\n(2) The provisions of a participating jurisdiction’s mental health laws relating to the absence from an authorised hospital of an involuntary patient do not apply in relation to the absence from an authorised hospital of a mentally impaired accused.\n\n(3) The provisions of a participating jurisdiction’s prisons laws relating to the absence from a prison of a prisoner do not apply in relation to the absence from a prison of a mentally impaired accused unless the reason for the absence is —\n\n(a) the facilitation of the provision of medical or health services to the accused; or\n\n(b) the furthering of the interests of justice.\n\n[Regulation 43 amended: Gazette 9 Mar 2018 p. 805; SL 2020/164 r. 8.]\n\n##### 44. Section 35 altered\n\n(1) In section 35(4)(b) delete “a specified place;” and insert:\n\na specified place (which may be in another participating jurisdiction);\n\n(2) After section 35(4) insert:\n\n(5A) 1M However, the order cannot include a condition that the mentally impaired accused is to reside at a place in another participating jurisdiction that is managed by or on behalf of a government department or agency of that other jurisdiction unless —\n\n(a) if that other jurisdiction is South Australia — the Chief Psychiatrist as defined in the *Mental Health Act 2009* (South Australia) section 3(1); or\n\n(b) if that other jurisdiction is the Northern Territory — the CEO as defined in the *Mental Health and Related Services Act 1998* (Northern Territory) section 4,\n\nconsents to the accused residing at that place.\n\n[Regulation 44 amended: Gazette 9 Mar 2018 p. 805; SL 2020/164 r. 8.]\n\n##### 45. Section 45 altered\n\n(1) In section 45(1) after “a person” insert:\n\nin a participating jurisdiction\n\n(2) In section 45(3) delete “any person or a department of the Public Service or any statutory authority” and insert:\n\nany person in, or government department or agency or statutory authority of, a participating jurisdiction\n\n##### 46. Section 49 altered\n\n(1) In section 49(4):\n\n(a) after “concerned” insert:\n\n(whether the person concerned is in the State or another participating jurisdiction)\n\n(b) delete “warrant.” and insert:\n\nwarrant (which may be in another participating jurisdiction).\n\n(2) In section 49(5):\n\n(a) in paragraph (a) after “vessel” insert:\n\nin a participating jurisdiction\n\n(b) in paragraph (b) after “place” insert:\n\nin a participating jurisdiction\n\n### Division 10 — *Criminal Procedure Act 2004* modifications\n\n##### 47. Act modified\n\nThis Division prescribes modifications to the *Criminal Procedure Act 2004*.\n\n##### 48. Section 77 altered\n\n(1) In section 77(1)(a) delete “charge or sentencing proceedings;” and insert:\n\ncharge;\n\n(2) Delete section 77(2) and insert:\n\n(2) 1M If the accused’s appearance will be his or her first in relation to the charge, the person in charge of the accused must ensure the accused is brought before the court —\n\n(a) in person; or\n\n(b) despite any warrant that requires the accused to be brought before the court, by means of a video link or audio link unless the court has ordered that the accused be brought before the court in person.\n\n##### 49. Section 135 altered\n\nIn section 135(2) delete “the State” and insert:\n\na participating jurisdiction\n\n##### 50. Section 172 altered\n\nDelete section 172(3)(a) and insert:\n\n(a) 1M on a prosecutor’s behalf in a cross‑border proceeding of a prescribed court of the State, if the prosecutor is the State or a police officer of the State acting in the course of duty, by —\n\n(i) a police officer of the State acting in the course of duty; or\n\n(ii) a police officer of another participating jurisdiction acting in the course of duty, but only if the person who is the subject of the proceeding has a connection with a cross‑border region that is partly in that other jurisdiction,\n\ndespite the *Legal Profession Uniform Law (WA)*;\n\n[Regulation 50 amended: SL 2022/114 r. 7.]\n\n### Division 11 — *Evidence Act 1906* modifications\n\n##### 51. Act modified\n\nThis Division prescribes modifications to the *Evidence Act 1906*.\n\n##### 52. Section 121 altered\n\n(1) Delete section 121(3) and insert:\n\n(3) 1M If the proceeding is a cross‑border proceeding of a prescribed court of the State, for the purposes of taking evidence or receiving a submission by video link or audio link from a place in a participating jurisdiction (as defined in the *Cross‑border Justice Act 2008* section 7(1)) in accordance with such a direction, the place shall be taken to be part of the court.\n\n(2) In section 121(4) delete “For” and insert:\n\nIf subsection (3) does not apply, for\n\n### Division 12 — *Fines, Penalties and Infringement Notices Enforcement Act 1994* modifications\n\n##### 53. Act modified\n\nThis Division prescribes modifications to the *Fines, Penalties and Infringement Notices Enforcement Act 1994*.\n\n##### 54. Section 50 altered\n\nDelete section 50(1)(c) and “and” after it and insert:\n\n(c) 1M must not leave the State except —\n\n(i) to go to another participating jurisdiction, but only if the offender has a connection with a cross‑border region that is partly in that other jurisdiction; or\n\n(ii) with the prior written permission of the supervisor of a community corrections centre;\n\nand\n\n##### 55. Section 53 altered\n\nBefore section 53(3) insert:\n\n(1) 1M A warrant of commitment issued under section 52S(4) cannot commit an offender to prison in another participating jurisdiction.\n\n[Regulation 55 inserted: SL 2020/164 r. 4.]\n\n### Division 13 — *Magistrates Court Act 2004* modifications\n\n##### 56. Act modified\n\nThis Division prescribes modifications to the *Magistrates Court Act 2004*.\n\n##### 57. Section 6 altered\n\nAfter section 6(3) insert:\n\n(4A) 1M Subsection (3) does not require a magistrate appointed under Schedule 1 clause 10(2) to obtain the Governor’s approval to hold another public or judicial office or to perform another public function.\n\n##### 58. Schedule 1 clause 10 inserted\n\nAfter Schedule 1 clause 9 insert:\n\n10. 1M Cross‑border magistrates\n\n(1) In this clause —\n\n  cross‑border magistrate 1M means a magistrate appointed under subclause (2);\n\n  magistrate 1M, of another participating jurisdiction, does not include a person who holds the office of magistrate of that other jurisdiction as a secondary office holder.\n\n(2) If the Governor is of the opinion that it is necessary to do so to facilitate the administration of justice in a cross‑border region, the Governor may appoint a magistrate of another participating jurisdiction (or, in the case of the Northern Territory, a judge of the Local Court) to be a magistrate.\n\n(3) The instrument of appointment must specify —\n\n(a) the period of the appointment; and\n\n(b) any conditions on which the appointee holds office.\n\n(4) The Governor may vary any matter specified in the instrument of appointment other than the period of appointment.\n\n(5) The conditions of service (including remuneration as defined in clause 5(1)) of a cross‑border magistrate are those that the cross‑border magistrate is entitled to under the law of that other jurisdiction.\n\n(6) A cross‑border magistrate has the same functions, protection and immunity as a magistrate.\n\n(7) Section 6 and clauses 4 and 12 to 16 apply (with the necessary modifications) in relation to a cross‑border magistrate.\n\n(8) For the purpose of clause 4, a cross‑border magistrate who is a magistrate of another participating jurisdiction may take the oath or affirmation of office in that other participating jurisdiction before a judge of the Supreme Court of that other jurisdiction.\n\n(9) A person who is a magistrate of another participating jurisdiction appointed as a cross‑border magistrate ceases to be a cross‑border magistrate if the person ceases to be a magistrate of that other jurisdiction.\n\n(10) If, at the end of the period of a cross‑border magistrate’s appointment, a case is pending before the magistrate —\n\n(a) the cross‑border magistrate must finish dealing with the case; and\n\n(b) for that purpose, the appointment is taken to be extended until the cross‑border magistrate has done so.\n\n(11) A reference in an enactment other than this Schedule to a magistrate includes a reference to a cross‑border magistrate unless the contrary intention appears.\n\n[Regulation 58 amended: Gazette 9 Mar 2018 p. 805.]\n\n### Division 14 — *Police Act 1892* modifications\n\n##### 59. Act modified\n\nThis Division prescribes modifications to the *Police Act 1892*.\n\n##### 60. Section 36 altered\n\nIn section 36(4)(c) delete “the State” and insert:\n\na participating jurisdiction\n\n##### 61. Section 38C altered\n\nIn section 38C(4)(c) delete “the State” and insert:\n\na participating jurisdiction\n\n### Division 15 — *Prisoners (Interstate Transfer) Act 1983* modifications\n\n##### 62. Act modified\n\nThis Division prescribes modifications to the *Prisoners (Interstate Transfer) Act 1983*.\n\n##### 63. Section 5A inserted\n\nAt the end of Part I insert:\n\n5A. 1M Relationship with cross‑border laws\n\nThis Act does not apply in relation to the transfer from Western Australia to another participating jurisdiction of a person who —\n\n(a) is serving a sentence of imprisonment in Western Australia under a warrant of commitment issued under —\n\n(i) the *Cross‑border Justice Act 2008*; or\n\n(ii) the *Cross‑border Justice Act 2009* (South Australia); or\n\n(iii) the *Cross‑border Justice Act 2009* (Northern Territory);\n\nand\n\n(b) has a connection with a cross‑border region that is partly in that other jurisdiction.\n\n[Regulation 63 amended: SL 2020/164 r. 8.]\n\n##### 64. Section 5B inserted\n\nAt the beginning of Part II insert:\n\n5B. 1M Application of this Part to State prisoners imprisoned in another participating jurisdiction\n\nThis Part applies in relation to a person who is serving in another participating jurisdiction a State sentence of imprisonment under a warrant of commitment issued under the *Cross‑border Justice Act 2008* as if the person were a State prisoner serving a sentence of imprisonment in Western Australia.\n\n##### 65. Section 7A inserted\n\nAfter section 6 insert:\n\n7A. 1M Effect of orders under this Part on persons imprisoned under law of another participating jurisdiction\n\n(1) Subsection (3) applies in relation to a person who is serving in Western Australia —\n\n(a) a State sentence of imprisonment; and\n\n(b) a sentence of imprisonment under a warrant of commitment issued under —\n\n(i) the *Cross‑border Justice Act 2009* (South Australia); or\n\n(ii) the *Cross‑border Justice Act 2009* (Northern Territory).\n\n(2) Subsection (3) applies in relation to a person who is serving in another participating jurisdiction —\n\n(a) a State sentence of imprisonment under a warrant of commitment issued under the *Cross‑border Justice Act 2008*; and\n\n(b) a sentence of imprisonment under the law of another participating jurisdiction.\n\n(3) An order of transfer issued under this Part (a State order 1M) in relation to a person referred to in subsection (1) or (2) has no effect —\n\n(a) to the extent that, but for this subsection, it authorises or requires the doing of an act or thing under this Act in relation to the person in the person’s capacity as a person on whom a sentence of imprisonment under the law of the jurisdiction referred to in subsection (1)(b) or (2)(b) has been imposed; and\n\n(b) unless and until an order of transfer corresponding to the State order is in force under the interstate law of that jurisdiction.\n\n[Regulation 65 amended: SL 2020/164 r. 8.]\n\n### Division 16 — *Prisons Act 1981* modifications\n\n##### 66. Act modified\n\nThis Division prescribes modifications to the *Prisons Act 1981*.\n\n##### 67. Section 3 altered\n\nIn section 3(1) in the definition of ***prisoner*** after “Mercy” insert:\n\nand includes a person who is in prison under a custodial order of a participating jurisdiction,\n\n##### 68. Section 33 altered\n\n(1) In section 33:\n\n(a) delete “Upon” and insert:\n\n(1) 1M Subject to subsection (2), upon\n\n(b) delete “the State” (each occurrence) and insert:\n\na participating jurisdiction\n\n(2) At the end of section 33 insert:\n\n(2) 1M Subsection (1) applies in relation to the return of a prisoner to another participating jurisdiction only if —\n\n(a) immediately before the prisoner’s release from prison, the prisoner was serving a sentence of imprisonment under a warrant of commitment issued under —\n\n(i) the *Cross‑border Justice Act 2008*; or\n\n(ii) the *Cross‑border Justice Act 2009* (South Australia); or\n\n(iii) the *Cross‑border Justice Act 2009* (Northern Territory);\n\nand\n\n(b) the prisoner has a connection with a cross‑border region that is partly in that other jurisdiction.\n\n[Regulation 68 amended: SL 2020/164 r. 8.]\n\n##### 69. Section 64 altered\n\nIn section 64 delete “the State” and insert:\n\na participating jurisdiction\n\n##### 70. Section 69 altered\n\nIn section 69(k) delete “an order made under section 85” and insert:\n\na bring up order of a participating jurisdiction\n\n##### 71. Section 85 altered\n\nIn section 85(3) delete “an order has been made under this section.” and insert:\n\na bring up order of a participating jurisdiction has been made.\n\n##### 72. Section 86 altered\n\nIn section 86(2):\n\n(a) delete “an order has been made under section 85” and insert:\n\na bring up order of a participating jurisdiction has been made\n\n(b) in paragraph (a) delete “an officer; or” and insert:\n\nan authorised officer; or\n\n### Division 17 — *Prisons Regulations 1982* modifications\n\n##### 73. Regulations modified\n\nThis Division prescribes modifications to the *Prisons Regulations 1982*.\n\n##### 74. Regulation 54W altered\n\nIn regulation 54W:\n\n(a) in paragraph (a) delete “a prison officer or officer” and insert:\n\nan authorised officer\n\n(b) in paragraph (b)(i) delete “a prison officer, officer or police officer; and” and insert:\n\nan authorised officer; and\n\n(c) in paragraph (b)(ii) after “matter” insert:\n\nunder the law of the State\n\n(d) delete paragraph (c)(i) and “and” after it and insert:\n\n(i) 1M be taken to and confined in a prison in a participating jurisdiction or be kept at a place in a participating jurisdiction in the charge of an authorised officer; and\n\n### Division 18 — *Restraining Orders Act 1997* modifications\n\n##### 75. Act modified\n\nThis Division prescribes modifications to the *Restraining Orders Act 1997*.\n\n##### 76. Section 62E altered\n\nIn section 62E(1) after “place” insert:\n\nin a participating jurisdiction\n\n##### 77. Section 62F altered\n\n(1) In section 62F(1)(c) after “place” (1st and 2nd occurrences) insert:\n\n(which may be in another participating jurisdiction)\n\n(2) In section 62F(2)(a) after “place” (1st and 2nd occurrences) insert:\n\n(which may be in another participating jurisdiction)\n\n[Regulation 77 inserted: Gazette 27 Jun 2017 p. 3434.]\n\n##### 78. Section 72AA inserted\n\nAfter section 72 insert:\n\n72AA. 1M Notification of restraining orders made in cross‑border proceedings\n\n(1) This section applies in relation to a restraining order made by a prescribed court of the State if —\n\n(a) the order is made or varied in a cross‑border proceeding for the purposes of which the person who is bound by the order has a connection with a cross‑border region; and\n\n(b) the person for whose benefit the order is made indicates at the time the order is made or varied that the person wants the order as made or varied to be registered in another participating jurisdiction; and\n\n(c) the region is partly in that other jurisdiction.\n\n(2) A registrar of the court must cause a copy of the order as made or varied to be delivered to —\n\n(a) if that other jurisdiction is South Australia — the Principal Registrar of the Magistrates Court of South Australia; and\n\n(b) if that other jurisdiction is the Northern Territory — the Principal Registrar of the Local Court of the Northern Territory.\n\n[Regulation 78 amended: Gazette 27 Jun 2017 p. 3434; 9 Mar 2018 p. 806.]\n\n##### 79. Section 75 altered\n\n(1) In section 75(2) after “registration” insert:\n\nmade under subsection (1) or (1a)\n\n(2) After section 75(2) insert:\n\n(3A) 1M If a registrar of the Magistrates Court receives from a registrar of a prescribed court of another participating jurisdiction a copy of an interstate order as made or varied in a cross‑border proceeding of that court, the registrar of the prescribed court is taken to have made an application for registration of the order on behalf of the person for whose benefit the order is made unless the order as made or previously varied is already registered under this Part.\n\n##### 80. Section 76 altered\n\nDelete section 76(1)(b)(ii) and “and” after it and insert:\n\n(ii) 1M the person who applied for registration, unless that person is a registrar of the court in which the interstate order is made; and\n\n##### 81. Section 78 altered\n\nAfter section 78(1) insert:\n\n(2A) 1M For the purposes of subsection (1), the registrar is taken to have received notice of the variation of a registered order that is varied in a cross‑border proceeding of a prescribed court of another participating jurisdiction if the registrar receives from a registrar of the prescribed court a copy of the order as varied.\n\n##### 82. Section 79AA inserted\n\nAt the end of Part 7 insert:\n\n79AA. 1M Enforcement of unregistered interstate orders\n\n(1) In this section —\n\n  unregistered interstate order 1M means an interstate order that is not registered under this Part.\n\n(2) This section applies if a police officer reasonably believes —\n\n(a) that a person in the State is a person against whom an unregistered interstate order made by a court of another participating jurisdiction is in force in that other jurisdiction; and\n\n(b) that the person against whom, or for whose benefit, that unregistered interstate order is made ordinarily resides in a cross‑border region that is partly in that other jurisdiction.\n\n(3) The police officer must as soon as practicable after forming that belief —\n\n(a) make a declaration in writing stating the belief and setting out the grounds for the belief; and\n\n(b) give the declaration to the Commissioner of Police.\n\n(4) The declaration is in force for 72 hours after it is made.\n\n(5) While the declaration is in force, the police officer may exercise powers in relation to the person against whom the unregistered interstate order is made as if the order were a family violence restraining order or violence restraining order.\n\n(6) In relation to the exercise of powers under subsection (5), Part 6 Division 3 has effect for all purposes in respect of any breach of the unregistered interstate order as if the order were a family violence restraining order or violence restraining order.\n\n[Regulation 82 amended: Gazette 27 Jun 2017 p. 3434.]\n\n### Division 19 — *Road Traffic Act 1974* modifications\n\n##### 83. Act modified\n\nThis Division prescribes modifications to the *Road Traffic Act 1974*.\n\n[**84.** Deleted: Gazette 10 Feb 2015 p. 601.]\n\n##### 85. Section 49A altered\n\nIn section 49A(5) in the definition of ***necessity permit*** after “place” insert:\n\nin a participating jurisdiction\n\n[**86.** Deleted: Gazette 10 Feb 2015 p. 601.]\n\n##### 87. Section 56 altered\n\n(1) Before section 56(1) insert:\n\n(1A) 1M This section applies in relation to an incident that occurs in a part of the State that is in a cross‑border region.\n\n(2) In section 56(1) and (4) delete “a police station.” and insert:\n\na police station in a participating jurisdiction.\n\n##### 88. Section 65 altered\n\n(1) In section 65 delete the definitions of:\n\n***dentist***\n\n***medical practitioner***\n\n***nurse practitioner***\n\n***registered nurse***\n\n(2) In section 65 insert in alphabetical order:\n\ndentist 1M —\n\n(a) means a person registered under the *Health Practitioner Regulation National Law (Western Australia)* in the dental profession whose name is entered on the Dentists Division of the Register of Dental Practitioners kept under that Law; and\n\n(b) except in sections 63(7)(a)(i) and (ii) and 64AB(8)(a)(i) and (ii), includes a person registered under the *Health Practitioner Regulation National Law (South Australia)* or the *Health Practitioner Regulation National Law (NT)* in the dental profession whose name is entered on the Dentists Division of the Register of Dental Practitioners kept under that Law;\n\nmedical practitioner 1M —\n\n(a) means a person registered under the *Health Practitioner Regulation National Law (Western Australia)* in the medical profession; and\n\n(b) except in sections 63(7)(a)(i) and (ii) and 64AB(8)(a)(i) and (ii), includes a person registered under the *Health Practitioner Regulation National Law (South Australia)* or the *Health Practitioner Regulation National Law (NT)* in the medical profession;\n\nnurse practitioner 1M —\n\n(a) means a person registered under the *Health Practitioner Regulation National Law (Western Australia)* whose name is entered on the Register of Nurses kept under that Law as being qualified to practise as a nurse practitioner; and\n\n(b) except in sections 63(7)(a)(i) and (ii) and 64AB(8)(a)(i) and (ii), includes a person registered under the *Health Practitioner Regulation National Law (South Australia)* or the *Health Practitioner Regulation National Law (NT)* whose name is entered on the Register of Nurses kept under that Law as being qualified to practise as a nurse practitioner;\n\nregistered nurse 1M means a person registered under the *Health Practitioner Regulation National Law (Western Australia)*, the *Health Practitioner Regulation National Law (South Australia)* or the *Health Practitioner Regulation National Law (NT)* in the nursing and midwifery profession whose name is entered on the Register of Nurses kept under that Law;\n\n[Regulation 88 inserted: Gazette 9 Mar 2018 p. 806‑7.]\n\n##### 89. Section 66 altered\n\n(1) In section 66(2) delete “a police station or some other place, and may require that person to wait at any such police station or place.” and insert:\n\na police station or other place in a participating jurisdiction, and may require that person to wait at the police station or place.\n\n(2) In section 66(11) delete “place and” and insert:\n\nplace in a participating jurisdiction and\n\n[Regulation 89 amended: SL 2021/56 r. 4.]\n\n##### 90. Section 66B altered\n\nIn section 66B(1) delete “place and” and insert:\n\nplace in a participating jurisdiction and\n\n[Regulation 90 inserted: SL 2021/56 r. 5.]\n\n##### 91. Section 66D altered\n\nIn section 66D(1) delete “a place,” and insert:\n\na place in a participating jurisdiction,\n\n##### 92. Section 66E altered\n\nIn section 66E(1) and (6) delete “a place,” and insert:\n\na place in a participating jurisdiction,\n\n##### 93. Section 78A altered\n\nIn section 78A delete the definition of ***senior police officer*** and insert:\n\n\t***senior police officer*** 1M means —\n\n(a) a police officer who is, or is acting as, an inspector or an officer of a rank more senior than an inspector; or\n\n(b) a police officer of another participating jurisdiction who —\n\n(i) is, or is acting as, an inspector or an officer of a rank more senior than an inspector; and\n\n(ii) holds a secondary office as a police officer of the State;\n\n[Regulation 93 inserted: Gazette 10 Feb 2015 p. 602.]\n\n##### 94. Section 78C altered\n\n(1) In section 78C(1)(a) and (b) and (2)(a) and (b) after “the place” insert:\n\n(which may be in another participating jurisdiction)\n\n(2) In section 78C(4):\n\n(a) after “any premises” insert:\n\nin a participating jurisdiction\n\n(b) in paragraph (b) after “place” insert:\n\n(which may be in another participating jurisdiction)\n\n##### 95. Section 80F altered\n\nIn section 80F after “the place” insert:\n\n(which may be in another participating jurisdiction)\n\n[**96-100.** Deleted: Gazette 10 Feb 2015 p. 602.]\n\n### Division 20A — *Road Traffic (Administration) Act 2008* modifications\n\n[Heading inserted: Gazette 10 Feb 2015 p. 603.]\n\n##### 96. Act modified\n\nThis Division prescribes modifications to the *Road Traffic (Administration) Act 2008*.\n\n[Regulation 96 inserted: Gazette 10 Feb 2015 p. 603.]\n\n##### 97. Section 33 altered\n\nAfter section 33(3) insert:\n\n(4) 1M For the purposes of subsection (3), if at the time the direction is given —\n\n(a) the vehicle is in a part of the State that is in a cross‑border region; or\n\n(b) the driver ordinarily resides in a part of the State that is in a cross‑border region,\n\nthe driver’s licence document or learner’s permit may be produced to the officer in charge of any police station in a participating jurisdiction.\n\n[Regulation 97 inserted: Gazette 10 Feb 2015 p. 603.]\n\n##### 98. Section 47 altered\n\nAfter section 47(6) insert:\n\n(7A) 1M For the purposes of subsections (5) and (6), if —\n\n(a) the vehicle is removed from land in a part of the State that is in a cross‑border region; and\n\n(b) the police station nearest to the land is in another participating jurisdiction,\n\nthat police station is the police station —\n\n(c) to which the vehicle may be moved under subsection (5); and\n\n(d) at which particulars must be given under subsection (6).\n\n[Regulation 98 inserted: Gazette 10 Feb 2015 p. 603‑4.]\n\n##### 99. Section 48 altered\n\n(1) In section 48 delete “A” and insert:\n\n(1) 1M A\n\n(2) At the end of section 48 insert:\n\n(2) 1M For the purposes of subsection (1), if the person connected with the vehicle has a connection with a cross‑border region, the vehicle may be driven or conveyed to any police station or other place in a participating jurisdiction.\n\n(3) 1M The person connected with the vehicle is the person who —\n\n(a) is suspected of having committed; or\n\n(b) is alleged to have committed; or\n\n(c) has been found guilty of,\n\nan offence under the law of the State because of which the vehicle may be put into safe custody.\n\n[Regulation 99 inserted: Gazette 10 Feb 2015 p. 604.]\n\n[**100, 101A.** Deleted: SL 2024/203 r. 4.]\n\n##### 101B. Section 131 altered\n\nAfter section 131(3) insert:\n\n(4A) 1M For the purposes of subsection (3), if —\n\n(a) the bridge or culvert is in a part of the State that is in a cross‑border region; and\n\n(b) the nearest police station is in another participating jurisdiction,\n\nthe damage or injury must be reported to the officer in charge of that police station.\n\n[Regulation 101B inserted: Gazette 10 Feb 2015 p. 606.]\n\n### Division 20B — *Road Traffic (Vehicles) Act 2012* modifications\n\n[Heading inserted: Gazette 10 Feb 2015 p. 606.]\n\n##### 101C. Act modified\n\nThis Division prescribes modifications to the *Road Traffic (Vehicles) Act 2012*.\n\n[Regulation 101C inserted: Gazette 10 Feb 2015 p. 606.]\n\n##### 101D. Section 13 altered\n\nIn section 13(1)(a) after “place” (each occurrence) insert:\n\nin a participating jurisdiction\n\n[Regulation 101D inserted: Gazette 10 Feb 2015 p. 606.]\n\n### Division 20 — *Sentence Administration Act 2003* modifications\n\n##### 101. Act modified\n\nThis Division prescribes modifications to the *Sentence Administration Act 2003*.\n\n##### 102. Section 4 altered\n\nIn section 4(2) delete the definition of ***community corrections officer*** and insert:\n\ncommunity corrections officer 1M means —\n\n(a) a person appointed as a community corrections officer under section 98, including as an honorary CCO; or\n\n(b) a person who holds office as a community corrections officer under section 98AA;\n\n##### 103. Section 30 altered\n\nDelete section 30(f) and insert:\n\n(f) 1M a requirement that the prisoner must not leave Western Australia except —\n\n(i) to go to another participating jurisdiction, but only if the prisoner has a connection with a cross‑border region that is partly in that other jurisdiction; or\n\n(ii) with and in accordance with the written permission of the CEO;\n\n##### 104. Section 55 altered\n\nDelete section 55(c) and insert:\n\n(c) 1M must not leave the State except to go to another participating jurisdiction, but only if the prisoner has a connection with a cross‑border region that is partly in that other jurisdiction;\n\n##### 105. Section 70 altered\n\nIn section 70(1) and (2) after “custody” insert:\n\nin a participating jurisdiction\n\n##### 106. Section 84 altered\n\nIn section 84(1) after “any place” insert:\n\nin a participating jurisdiction\n\n##### 107. Section 98AA inserted\n\nAfter section 98 insert:\n\n98AA. 1M Ex officio community corrections officers\n\n(1) In subsection (2) —\n\n  community corrections officer 1M, of another participating jurisdiction, means —\n\n(a) if the jurisdiction is South Australia — a community corrections officer as defined in the *Correctional Services Act 1982* (South Australia) section 4(1); or\n\n(b) if the jurisdiction is the Northern Territory — a probation and parole officer as defined in the *Correctional Services Act 2014* (Northern Territory).\n\n(2) A community corrections officer of another participating jurisdiction holds office as a community corrections officer for the purposes of this Act, the *Sentencing Act 1995* and the *Bail Act 1982*.\n\n[Regulation 107 amended: Gazette 9 Mar 2018 p. 807; SL 2020/164 r. 8.]\n\n### Division 21 — *Sentencing Act 1995* modifications\n\n##### 108. Act modified\n\nThis Division prescribes modifications to the *Sentencing Act 1995*.\n\n##### 109. Section 14A altered\n\nIn section 14A(1) delete “this State.” and insert:\n\na participating jurisdiction.\n\n##### 110. Section 33D altered\n\nDelete section 33D(c) and “and” after it and insert:\n\n(c) 1M must not leave Western Australia except —\n\n(i) to go to another participating jurisdiction, but only if the offender has a connection with a cross‑border region that is partly in that other jurisdiction; or\n\n(ii) with, and in accordance with, the permission of a speciality court or the CEO (corrections);\n\nand\n\n##### 111. Section 63 altered\n\nDelete section 63(c) and “and” after it and insert:\n\n(c) 1M must not leave Western Australia except —\n\n(i) to go to another participating jurisdiction, but only if the offender has a connection with a cross‑border region that is partly in that other jurisdiction; or\n\n(ii) with, and in accordance with, the permission of the CEO (corrections);\n\nand\n\n##### 112. Section 68A inserted\n\nAt the end of Part 9 insert:\n\n68A. 1M Hours of work under non‑custodial orders made in cross‑border proceedings\n\n(1) This section applies if an offender —\n\n(a) is convicted of one or more offences in a cross‑border proceeding of a prescribed court of the State; and\n\n(b) the court makes a non‑custodial order for one or more of those offences under which the offender is required to do work.\n\n(2) If, at the time of conviction, the offender is doing or yet to do work under one or more non‑custodial orders of another participating jurisdiction (the interstate orders 1M), the hours of work done under the interstate orders count as hours of work done under each of the non‑custodial orders referred to in subsection (1)(b) (the State orders 1M) unless the court specifies differently under subsection (3).\n\n(3) The court may specify the number of hours of work to be done under one or more of the State orders that are additional to any hours the offender has to do under the interstate orders.\n\n(4) For the purposes of subsection (3), an offender cannot do the additional hours of work under a State order until the offender has done the hours of work under the interstate orders or the interstate orders have ceased to be in force, whichever is earlier.\n\n(5) To avoid doubt, section 67(5) applies in relation to work done under non‑custodial orders of the State and does not apply in relation to work done under non‑custodial orders of another participating jurisdiction.\n\n##### 113. Section 70 altered\n\nDelete section 70(c) and “and” after it and insert:\n\n(c) 1M must not leave Western Australia except —\n\n(i) to go to another participating jurisdiction, but only if the offender has a connection with a cross‑border region that is partly in that other jurisdiction; or\n\n(ii) with, and in accordance with, the permission of the CEO (corrections);\n\nand\n\n##### 114. Section 75A inserted\n\nAfter section 74 insert:\n\n75A. 1M Hours of work under non‑custodial orders made in cross‑border proceedings\n\n(1) This section applies if an offender —\n\n(a) is convicted of one or more offences in a cross‑border proceeding of a prescribed court of the State; and\n\n(b) the court makes a non‑custodial order for one or more of those offences under which the offender is required to do work.\n\n(2) If, at the time of conviction, the offender is doing or yet to do work under one or more non‑custodial orders of another participating jurisdiction (the interstate orders 1M), the hours of work done under the interstate orders count as hours of work done under each of the non‑custodial orders referred to in subsection (1)(b) (the State orders 1M) unless the court specifies differently under subsection (3).\n\n(3) The court may specify the number of hours of work to be done under one or more of the State orders that are additional to any hours the offender has to do under the interstate orders.\n\n(4) For the purposes of subsection (3), an offender cannot do the additional hours of work under a State order until the offender has done the hours of work under the interstate orders or the interstate orders have ceased to be in force, whichever is earlier.\n\n(5) To avoid doubt, section 74(5) applies in relation to work done under non‑custodial orders of the State and does not apply in relation to work done under non‑custodial orders of another participating jurisdiction.\n\n##### 115. Section 83 altered\n\nDelete section 83(1)(c) and “and” after it and insert:\n\n(c) 1M must not leave Western Australia except —\n\n(i) to go to another participating jurisdiction, but only if the offender has a connection with a cross‑border region that is partly in that other jurisdiction; or\n\n(ii) with, and in accordance with, the permission of a speciality court or the CEO (corrections);\n\nand\n\n##### 116. Section 89A inserted\n\nAfter section 88 insert:\n\n89A. 1M Commencement of sentences imposed in cross‑border proceedings\n\n(1) This section applies if an offender —\n\n(a) is convicted of one or more offences in a cross‑border proceeding of a prescribed court of the State; and\n\n(b) is sentenced to imprisonment for one or more of those offences.\n\n(2) If, at the time of conviction, the offender is serving or yet to serve one or more sentences of imprisonment under the law of another participating jurisdiction (the interstate sentences 1M), each of the sentences referred to in subsection (1)(b) (the State sentences 1M) is to be served concurrently with the interstate sentences unless the court specifies differently under subsection (3).\n\n(3) The court may specify when one or more of the State sentences commences.\n\n(4) For the purposes of subsection (3) —\n\n(a) none of the State sentences can commence later than the end of the last interstate sentence to end; and\n\n(b) if a non‑parole period applies in respect of any of the interstate sentences — the first State sentence to commence after the end of the non‑parole period must commence immediately after the end of that period.\n\n### Division 22 — *Young Offenders Act 1994* modifications\n\n##### 117. Act modified\n\nThis Division prescribes modifications to the *Young Offenders Act 1994*.\n\n##### 118. Section 3 altered\n\n(1) In section 3 delete the definitions of:\n\n***Aboriginal community***\n\n***detainee***\n\n(2) In section 3 insert in alphabetical order:\n\nAboriginal community 1M —\n\n(a) has the meaning given in the *Aboriginal Communities Act 1979* section 3; and\n\n(b) includes an Aboriginal community as defined in the *Aboriginal Lands Trust Act 1966* 1 (South Australia) section 21(9); and\n\n(c) includes an Aboriginal community in —\n\n(i) an area covered by paragraph (a) of the definition of ***Aboriginal land*** in the *Aboriginal Land Rights (Northern Territory) Act 1976* (Commonwealth) section 3(1); or\n\n(ii) land granted to an association under the *Lands Acquisition Act 1978* (Northern Territory) section 46(1A), including that land as held by a successor to an association;\n\ndetainee 1M —\n\n(a) means a person who is detained in a detention centre; and\n\n(b) includes a person who is in custody in a detention centre under a custodial order of a participating jurisdiction;\n\njuvenile justice officer 1M means —\n\n(a) an officer of the Department whose duties include the supervision of offenders in the community under this Act; or\n\n(b) a person who holds office as a juvenile justice officer under section 11AA;\n\n[Regulation 118 amended: SL 2020/164 r. 8.]\n\n##### 119. Section 10 altered\n\nIn section 10 delete “Department,” and insert:\n\nDepartment or a person who holds office under section 11AA,\n\n##### 120. Section 11AA inserted\n\nAfter section 11 insert:\n\n11AA. 1M Ex officio juvenile justice officers\n\nThe following persons hold office as juvenile justice officers for the purposes of this Act —\n\n(a) public sector employees of South Australia whose duties include the supervision of offenders in the community under the *Young Offenders Act 1993* (South Australia);\n\n(b) public sector employees of the Northern Territory whose duties include the supervision of offenders in the community under the *Youth Justice Act 2005* (Northern Territory).\n\n[Regulation 120 amended: SL 2020/164 r. 8.]\n\n##### 121. Section 11A altered\n\nIn section 11A delete “section 11 — ” and insert:\n\nsection 11 and every person who holds office under section 11AA —\n\n##### 122. Section 17A altered\n\nIn section 17A delete the definition of ***the council*** and insert:\n\n  the council 1M, of an Aboriginal community —\n\n(a) means the council of management or other governing body of the community; and\n\n(b) if the community is in the Northern Territory, includes the council for the local government area under the *Local Government Act 2008* (Northern Territory) in which the community is located.\n\n[Regulation 122 amended: SL 2020/164 r. 8.]\n\n##### 123. Section 36 altered\n\n(1) In section 36(1) delete “an officer of the Department” and insert:\n\na juvenile justice officer\n\n(2) After section 36(2) insert:\n\n(3) 1M The chief executive may appoint any other person in a participating jurisdiction to be a Juvenile Justice Team Coordinator on a paid or honorary basis, and may revoke any such appointment.\n\n##### 124. Section 48 altered\n\nIn section 48(3) after “Department” insert:\n\nor a person who holds office under section 11AA\n\n##### 125. Section 65A altered\n\nIn section 65A(4) delete “The chief executive officer or another officer of the Department” and insert:\n\nThe chief executive officer, another officer of the Department or a person who holds office under section 11AA\n\n##### 126. Section 65C altered\n\nIn section 65C(4) after “imprisonment” insert:\n\nunder the law of a participating jurisdiction\n\n##### 127. Section 77 altered\n\nIn section 77:\n\n(a) delete “an officer of the Department” and insert:\n\na juvenile justice officer\n\n(b) delete “another officer of the Department” and insert:\n\nanother juvenile justice officer\n\n##### 128. Section 92 altered\n\nIn section 92 delete “an officer of the Department,” and insert:\n\na juvenile justice officer,\n\nNote: The heading to modified section 92 is to read:\n\nOffender to attend before juvenile justice officer\n\n##### 129. Section 108 altered\n\nIn section 108:\n\n(a) delete “an officer of the Department” and insert:\n\na juvenile justice officer\n\n(b) delete “another officer of the Department” and insert:\n\nanother juvenile justice officer\n\n##### 130. Section 136 altered\n\nIn section 136(a) delete “an officer of the Department;” and insert:\n\na juvenile justice officer;\n\n##### 131. Section 139 altered\n\nIn section 139:\n\n(a) delete “an officer of the Department” and insert:\n\na juvenile justice officer\n\n(b) delete “another officer of the Department” and insert:\n\nanother juvenile justice officer\n\n##### 132. Section 161 altered\n\nAfter section 161(1) insert:\n\n(2A) 1M If the matter involves a person who has a connection with a cross‑border region, that person or a responsible adult may attend before the Board by video link if the person or responsible adult is in —\n\n(a) a part of the State that is in the region; or\n\n(b) another participating jurisdiction in which part of the region is included.\n\n##### 133. Section 178 altered\n\n(1) Before section 178(1) insert:\n\n(1A) 1M In this section —\n\n  prisons laws 1M, of a participating jurisdiction, means —\n\n(a) if the jurisdiction is the State — the *Prisons Act 1981*; or\n\n(b) if the jurisdiction is South Australia — the *Correctional Services Act 1982* (South Australia); or\n\n(c) if the jurisdiction is the Northern Territory — the *Correctional Services Act 2014* (Northern Territory).\n\n(1B) 1M This section applies in relation to an offender in a detention centre in a participating jurisdiction who has a connection with a cross‑border region.\n\n(2) In section 178(1) after “centre” and insert:\n\nin a participating jurisdiction\n\n(3) In section 178(3) delete “under the *Prisons Act 1981*” and insert:\n\nin a participating jurisdiction\n\n(4) After section 178(4) insert:\n\n(5A) 1M A direction under subsection (3) that the offender be transferred to a prison in another participating jurisdiction can only be made if the offender has a connection with a cross‑border region that is partly in that other jurisdiction.\n\n(5) In section 178(5) delete paragraph (a) and “and” after it and insert:\n\n(a) 1M while the offender is in a prison in a participating jurisdiction, the prisons laws of the jurisdiction apply to and in respect of the offender; and\n\n[Regulation 133 amended: Gazette 9 Mar 2018 p. 807; SL 2020/164 r. 8.]\n\n##### 134. Section 194 altered\n\n(1) In section 194 delete “A person” and insert:\n\n(1) 1M A person\n\n(2) At the end of section 194 insert:\n\n(2) 1M A person, not being an office holder under section 11AA, who takes the name, designation, or description of such an office holder or otherwise pretends to be such an office holder commits an offence.\n\n## Part 4 — Miscellaneous matters\n\n##### 135. Authorised officers\n\nFor the definition of ***authorised officer*** in section 7(1) of the Act, an office holder of a participating jurisdiction is an authorised officer for the purpose of carrying out a custodial order if the office holder is authorised under the law of the jurisdiction to carry out in that jurisdiction an order or other authority made or otherwise given under that law that is to the same or similar effect as the custodial order.\n\n##### 136. Custodial orders: recommendation about place of custody\n\nA judicial officer or registrar who issues —\n\n(a) a warrant of commitment under section 99 of the Act; or\n\n(b) a remand warrant under section 101 of the Act,\n\nmay note on the warrant any recommendation about the place at which the person who is the subject of the warrant should be kept in custody under the warrant.\n\n##### 137. Reduction of fine when work or activity performed or period of custody served\n\nFor section 130(2)(c)(iii) of the Act, the amount by which a fine is reduced must be calculated as follows —\n\n(aa) if the fine is reduced because an offender has satisfactorily undertaken all or some of the activity stated in a work and development permit issued under the Fines Enforcement Act section 46D — in accordance with the Fines Enforcement Act section 46G and the *Fines, Penalties and Infringement Notices Enforcement Regulations 1994* regulation 6AE;\n\n(a) if the fine is reduced because an offender has satisfactorily performed all or some of the required hours of a work and development order made under the Fines Enforcement Act section 48 — in accordance with the Fines Enforcement Act section 51 and the *Fines, Penalties and Infringement Notices Enforcement Regulations 1994* regulation 6B;\n\n(b) if the fine is reduced because of the issue or operation of a fine expiation order issued under the Fines Enforcement Act section 52F — in accordance with the Fines Enforcement Act sections 52H and 52I and the *Fines, Penalties and Infringement Notices Enforcement Regulations 1994* regulation 6BAAA.\n\n[Regulation 137 inserted: SL 2020/164 r. 6; amended: SL 2020/164 r. 7.]\n\nSchedule 1 — WA/SA/NT region\n\n[r. 3]\n\nPart A — Description of boundary line\n\nThe WA/SA/NT region is bounded by a line starting at point 1 in the sequence specified in the Table then, initially in an easterly direction, along a straight line between each of the points in the sequence to point 18 then in a straight line to point 1.\n\nTable\n\n| **Point no.** | **Longitude (E)** | **Latitude (S)** |\n| --- | --- | --- |\n| 1 | 124°40'9.726\" | ‑23°26'26.696\" |\n| 2 | 126°29'59.085\" | ‑23°26'50.559\" |\n| 3 | 126°30'2.638\" | ‑22°30'0.724\" |\n| 4 | 129°59'43.09\" | ‑22°29'59.842\" |\n| 5 | 130°0'0.315\" | ‑22°59'58.596\" |\n| 6 | 131°59'59.524\" | ‑22°59'59.741\" |\n| 7 | 132°0'3.867\" | ‑24°0'0.641\" |\n| 8 | 132°29'45.2\" | ‑24°0'5.62\" |\n| 9 | 132°30'4.694\" | ‑24°29'40.966\" |\n| 10 | 134°30'1.249\" | ‑24°30'0.759\" |\n| 11 | 134°30'4.258\" | ‑25°0'5.185\" |\n| 12 | 135°30'0.12\" | ‑25°0'1.22\" |\n| 13 | 135°30'7.027\" | ‑26°59'43.989\" |\n| 14 | 134°30'13.305\" | ‑27°0'11.385\" |\n| 15 | 134°30'51.407\" | ‑28°0'11.092\" |\n| 16 | 127°30'0.049\" | ‑28°0'0.49\" |\n| 17 | 127°30'3.326\" | ‑26°45'5.594\" |\n| 18 | 124°39'56.52\" | ‑26°44'1.484\" |\n\n\nNote: Coordinate references are to Geocentric Datum of Australia 1994 (GDA94) coordinates.\n\nPart B — Areas in respect of which police officers stationed or carry out duties\n\n![]()\n\n![dline]()\n\nNotes\n\nThis is a compilation of the *Cross-border Justice Regulations 2009* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Cross-border Justice Regulations 2009* | 28 Oct 2009 p. 4225-302 | Pt. 1-2, Pt. 3 Div. 1-3 and 5-21 and Pt. 4: 1 Nov 2009 (see r. 2(b) and *Gazette* 9 Oct 2009 p. 3991);   Pt. 3 Div. 4 and 22: 1 Dec 2009 (see r. 2(a) and *Gazette* 9 Oct 2009 p. 3991) |\n| *Cross-border Justice Amendment Regulations 2010* | 13 Jul 2010 p. 3292-4 | r. 1 and 2: 13 Jul 2010 (see r. 2(a));   Regulations other than r. 1 and 2: 14 Jul 2010 (see r. 2(b)) |\n| *Cross‑border Justice Amendment Regulations 2015* | 10 Feb 2015 p. 601‑6 | r. 1 and 2: 10 Feb 2015 (see r. 2(a));   Regulations other than r. 1 and 2: 27 Apr 2015 (see r. 2(b) and *Gazette* 17 Apr 2015 p. 1371) |\n| *Cross‑border Justice Amendment Regulations (No. 2) 2015* | 29 Dec 2015 p. 5175‑7 | r. 1 and 2: 29 Dec 2015 (see r. 2(a));   Regulations other than r. 1 and 2: 30 Dec 2015 (see r. 2(b)) |\n| *Attorney General Regulations Amendment (Family Violence Restraining Orders) Regulations 2017* Pt. 5 | 27 Jun 2017 p. 3432‑5 | 1 Jul 2017 (see r. 2(b)) |\n| **Reprint 1: The *Cross-border Justice Regulations 2009* as at 4 Aug 2017** (includes amendments listed above) | | |\n| *Cross‑border Justice Amendment Regulations 2018* | 9 Mar 2018 p. 801‑7 | r. 1 and 2: 9 Mar 2018 (see r. 2(a));   Regulations other than r. 1 and 2: 10 Mar 2018 (see r. 2(b)) |\n| *Cross‑border Justice Amendment Regulations 2020* | SL 2020/164 25 Sep 2020 | r. 1 and 2: 25 Sep 2020 (see r. 2(a));   Regulations other than r. 1, 2 and 7: 29 Sep 2020 (see r. 2(c) and SL 2020/159 cl. 2(a));   r. 7: 30 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(b)) |\n| *Attorney General Regulations Amendment (Road Traffic) Regulations 2021* Pt. 2 | SL 2021/56 21 May 2021 | 1 Jul 2021 (see r. 2(b) and SL 2021/54 cl. 2(a)) |\n| *Attorney General Regulations Amendment (Legal Profession) Regulations 2022* Pt. 3 | SL 2022/114   30 Jun 2022 | 1 Jul 2022 (see r. 2(d) and SL 2022/113 cl. 2) |\n| *Attorney General Regulations Amendment (Road Traffic Infringement Management Reform) Regulations 2024* Pt. 2 | SL 2024/203 2 Oct 2024 | 7 Oct 2024 (see r. 2(b)) |\n\n\nOther notes\n\n1 The *Aboriginal Lands Trust Act 1966* was repealed by the *Aboriginal Lands Trust Act 2013* (South Australia) Sch. 1 cl. 6.\n\n© State of Western Australia 2024.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2024.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The regulations remain tightly scoped to their original purpose: facilitating cross-border justice administration in the WA/SA/NT region. While they have grown substantially in length through amendments (adding Divisions 20A and 20B for road traffic, expanding mental health provisions to cover all three jurisdictions' laws, and adding fine reduction mechanisms), these additions represent operational elaboration rather than scope creep. Each amendment addresses practical gaps discovered during implementation (e.g., 2010 amendments clarifying police powers don't extend outside the state; 2017 amendments adding restraining order enforcement; 2020 amendments adding work and development permit calculations). The core mechanism—modifying existing Acts to work across borders—has remained consistent."},"complexity_factors":["22 separate Acts modified through 22 Divisions, each requiring detailed cross-referencing to understand the full effect","Extensive use of 'modification' technique—provisions are described as 'altered' or 'inserted' but the full text of the original Act is not reproduced, forcing readers to consult multiple statutes simultaneously","Heavy reliance on defined terms from the parent Act (Cross-border Justice Act 2008) plus new definitions marked with '1M' superscript throughout","Complex conditional logic: many powers only apply if a person has a 'connection with a cross-border region' (a defined term requiring geographical and residential analysis)","Nested jurisdictional triggers: provisions often require analysis of which of the three jurisdictions (WA, SA, NT) applies, then which specific mental health or corrections law of that jurisdiction applies","Multiple amendment layers: regulations have been amended in 2010, 2015 (twice), 2017, 2018, 2020, 2021, 2022 and 2024, creating a patchwork of inserted provisions with inconsistent numbering (e.g., 20A, 20B, 20C, 20D between regs 20 and 21)","Technical boundary descriptions using GDA94 coordinate system with 18 precise lat/long points in Schedule 1","Interplay with National Law registrations (Health Practitioner Regulation National Law) across three different state/territory versions"],"plain_english_summary":"These regulations are the operational engine room for the **Cross-border Justice Act 2008** (WA). They create a special legal zone called the **WA/SA/NT region**—a massive cross-border area covering parts of Western Australia, South Australia and the Northern Territory—where the normal state boundaries blur for justice purposes.\n\n**What it does:**\n- **Defines the zone:** Sets out the exact GPS coordinates (Schedule 1) for the cross-border region where these special rules apply.\n- **Patches 22 different WA laws:** The regulations don't stand alone—they surgically modify existing WA legislation (like the Bail Act, Criminal Investigation Act, Sentencing Act, Road Traffic Act, etc.) so they work seamlessly across state borders.\n- **Enables shared policing:** WA police can operate in SA/NT parts of the zone, and vice versa. Officers from other states can hold \"secondary office\" as WA police.\n- **Allows cross-border courts:** Magistrates from SA or NT can be appointed to sit as WA magistrates in the region. Court proceedings can happen by video link across jurisdictions.\n- **Manages prisoners and offenders:** People on bail, community orders, or in prison can be supervised or held in any of the three jurisdictions, provided they have a \"connection\" to the cross-border region.\n- **Recognises interstate health professionals:** Doctors, nurses and dentists registered in any of the three jurisdictions can perform forensic procedures or health assessments.\n- **Handles restraining orders:** Interstate violence restraining orders can be enforced immediately (even before registration) if the person lives in the border region.\n\n**Who it affects:**\n- Police officers working in the tri-state desert regions\n- Courts and magistrates hearing cases involving people from remote communities\n- Prisoners and offenders with connections to the cross-border region\n- Health professionals conducting forensic procedures\n- People seeking restraining orders against someone across the border\n\n**Why it matters:**\nWithout these regulations, someone arrested in the WA part of the desert might need to be transported hundreds of kilometres to Perth for a bail hearing, or a magistrate might lack power to hear a case involving an accused from a nearby NT community. The regulations fix these practical problems by treating the three jurisdictions as one continuous legal space for criminal justice purposes—but only for people and places connected to this specific remote region."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The regulations have expanded the original, procedural aim of \"facilitating cross‑border justice\" into a broad, operational integration across many substantive regimes. Rather than only authorising cross‑border police presence and courtroom access, the instrument now prescribes how mental‑health orders, detention and prison transfers, sentencing concurrency, community corrections work hours, traffic reporting, restraining‑order registration and enforcement, and appointment and remuneration of cross‑border magistrates operate across jurisdictions (see Part 3 Divs 6–22 and Schedule 1). That represents a substantive widening: the package moves from removing formal jurisdictional obstacles to actively aligning and modifying substantive rights, duties and custodial arrangements across WA, South Australia and the Northern Territory, and it creates multiple new administrative decision points (consents, appointments, secondary offices) that were not part of a narrow original facilitation purpose."},"complexity_factors":["Modifies approximately 22 principal WA Acts and several sets of regulations across criminal, civil, correctional, mental‑health, traffic and juvenile justice fields (Part 3 Divs 2–22).","Extensive insertions and replacements of defined terms across multiple Acts (authorised police officer, place, magistrate, authorised hospital, psychiatrist, qualified person, community corrections officer, juvenile justice officer, etc.).","Numerous cross‑references to laws of other jurisdictions (Mental Health Act 2009 (SA); Mental Health & Related Services Act 1998 (NT); Correctional Services and other Acts in SA/NT) requiring interpretation of foreign statutory concepts within WA law.","Multiple conditional rules and exceptions (eg. secondary office requirement for officers from another jurisdiction; consent requirements before detention or transfer to government‑managed facilities in another jurisdiction: regs 40–42).","Nested procedural logic: video/audio link rules interact with evidence provisions, court power definitions and registrar duties creating interlocked procedural pathways (Divs 10–11, Reg 52).","New appointment power and service/entitlement cross‑application for cross‑border magistrates (Magistrates Court Act Sch 1 cl.10), with consequential employment and immunity rules.","Introduction of temporary enforcement mechanisms with explicit short‑time limits and written declaration processes (unregistered interstate restraining orders — Reg 82).","Schedule 1 contains a geographic boundary defined by 18 precise GDA94 coordinates and an indicative map (adds technical/geospatial complexity).","Multiple amendment layers over time (2010–2024), increasing conditional complexity and creating historical variants to track for implementation."],"plain_english_summary":"**What this instrument does (mechanics first)**\n\n- Defines a WA/SA/NT \"cross‑border region\" (Reg 3 and Schedule 1) and identifies the local areas where the rules apply.\n\n- Makes a large number of targeted changes to Western Australian Acts and regulations so those laws can operate where a person, place or offence has a \"connection\" with that cross‑border region. In practice this means the State’s criminal, child‑welfare, corrections, mental‑health, traffic and civil‑protection rules can be applied to or by people and places in South Australia or the Northern Territory when the cross‑border tests are met (see Part 3, Divs 2–22). Examples:\n  - Recasts defined terms (eg. \"place\", \"prisoner\", \"magistrate\", \"authorised police officer\") so they include corresponding people or places in another participating jurisdiction when relevant (see multiple amendments, e.g. regs 8, 18, 24, 35, 73, 88). \n  - Permits police and other officers from another participating jurisdiction to exercise specified WA powers provided they hold a \"secondary office\" or are otherwise authorised (eg. regs 8, 21, 22, 93). \n  - Allows courts to hold or receive parts of cross‑border proceedings by video or audio link and to treat the remote place as part of the court for evidentiary purposes (see Divs 10 and 11, esp. regs inserting s.4AA and amending Evidence Act s.121).\n  - Creates the concept of \"cross‑border magistrates\" (Magistrates Court Act Schedule 1 cl.10) so a magistrate from SA/NT can be appointed to sit in WA for cross‑border matters, with their conditions of service determined by the other jurisdiction’s law.\n  - Aligns and cross‑references mental‑health and correctional statutes so hospital orders, detention and transfer decisions can be given effect across jurisdictions, subject to specific consent rules (see Divs 9, 15, 16 — e.g. consent of SA Chief Psychiatrist or NT CEO is required before detaining someone in a government‑managed facility in that other jurisdiction: regs 40–42).\n  - Provides rules for registering, notifying and temporarily enforcing interstate restraining orders made in cross‑border proceedings; includes a 72‑hour written declaration power allowing WA police to treat an unregistered interstate order as if registered while the declaration is in force (see regs 78, 79, 82).\n  - Adjusts sentencing, parole and community‑corrections provisions so travel restrictions, concurrent sentences and hours of work are coordinated with any existing interstate orders or sentences (see Divs 20, 21 — inserted ss.68A, 75A, 89A, and amendments to leave/travel prohibitions).\n  - Modifies traffic and incident reporting rules in cross‑border parts of the State so police stations and reporting points in another participating jurisdiction are treated as appropriate reporting points (see Divs 19, 20A, 20B).\n\n**Who it affects**\n\n- Police officers and senior officers (WA, SA, NT) and the police command structures who must manage secondary appointments and inter‑jurisdictional powers (see regs redefining \"authorised police officer\", \"senior officer\").\n- Magistrates and judges (including cross‑border magistrates appointed under Schedule 1 cl.10).\n- Accused persons, mentally impaired accused, prisoners, offenders subject to non‑custodial orders, victims of restraining orders, and people ordinarily resident in cross‑border communities.\n- Health practitioners and correctional authorities in WA, South Australia and the Northern Territory who are involved in assessments, transfers and custody (see Divs 9, 16, and the cross‑references to each jurisdiction’s mental‑health and correctional statutes).\n- Registrars, prosecutors, community corrections officers and juvenile justice officers who must cooperate across jurisdictions and accept ex‑officio office holders from participating jurisdictions (see regs inserting ex‑officio provisions, eg. regs 107 and 120).\n\n**Why it matters (official purpose and then a practical test of effects and trade‑offs)**\n\nOfficially: the regulations are drafted to \"facilitate the administration of justice in a cross‑border region\" by enabling WA laws to be applied, enforced and administered where a person, place or incident has a connection with that region (see Act s.14 as given effect by these regulations and Reg 3).\n\nTesting that claim against costs, incentives and trade‑offs (mechanical effects):\n\n- Administrative integration vs administrative complexity: the instrument substitutes many local terms with cross‑jurisdictional definitions and requires secondary appointments and ex‑officio office‑holding (eg. regs 8, 58, 107, 120). That reduces legal barriers to action across a border but increases the operational tasks of recording secondary offices, verifying authority, and reconciling differing employment/entitlement regimes (Schedule 1 cl.10(5) shows remuneration and conditions are those of the other jurisdiction).\n\n- Protection of institutional autonomy vs ease of transfer: the regs allow persons to be kept or moved into facilities in another jurisdiction, but place specific limits—notably the requirement that the SA Chief Psychiatrist or NT CEO must consent before a person is detained in government‑managed facilities in those jurisdictions (regs 40–42). That protects the receiving jurisdiction’s control over its facilities but adds a potential delay and coordination cost in urgent cases.\n\n- Procedural efficiency vs legal complexity: video/audio link rules (inserts to Criminal Procedure and Evidence Acts) speed cross‑border court business. At the same time those rules create legal questions where the substantive law of the remote place differs (the regs generally resolve this by treating the remote place as \"part of the court\" for those proceedings — see Evidence Act amendment s.121(3)). Implementation will require reliable technology, local facilities and clear protocols for service, disclosure and witness handling.\n\n- Concentrated benefits, diffuse costs: communities and frontline officers in cross‑border localities benefit directly through fewer jurisdictional gaps (eg. timely arrests, quicker hearings, cross‑recognized restraining orders). Costs (training, IT, administrative coordination, transport and custody costs) fall on police, courts and corrections agencies across jurisdictions and are distributed across budgets rather than appearing as a single line item in the regulations.\n\n- Compliance burden and discretion: the instrument creates new bureaucratic decision points (Governor appointments of cross‑border magistrates, consent of Chief Psychiatrist/CEO, written declarations by police to enforce unregistered interstate restraining orders — reg 82). These introduce discretion and require clear operational policies to avoid inconsistent application.\n\n- Private‑actor effects and limits on movement: multiple sentencing and supervision provisions are amended to restrict offenders or prisoners from leaving WA except to another participating jurisdiction where they have a connection (see numerous insertions in sentencing, corrections and fines regimes). That changes the practical freedom of movement for some persons monitored under WA orders and requires administratively checking whether an offender has the necessary \"connection\".\n\n**Concrete implementation risks**\n\n- Borderline cases over the meaning of a person’s \"connection\" with the cross‑border region will generate disputes about whether cross‑border rules or ordinary State rules apply.\n- Operational reliance on secondary appointment processes and on consent from SA/NT mental‑health or correctional authorities could delay urgent custody or transfer decisions.\n- Cross‑jurisdictional differences in substantive law (eg. mental‑health assessment criteria, forensic procedures, detention standards) will require agencies to manage legal and clinical differences when applying another jurisdiction’s laws in effect.\n\n**Who pays, who decides, and what behaviour changes**\n\n- Who pays: administrative and operational costs fall on WA and the other participating jurisdictions’ police, court and corrections agencies; remuneration terms for cross‑border magistrates come from the other jurisdiction’s law (Mag Ct Sch 1 cl.10(5)). The regulations themselves create obligations but do not set intergovernmental funding — any cost‑sharing would be by separate agreement.\n- Who decides: the Governor (appointing cross‑border magistrates), registrars (registration/notification duties), Chief Psychiatrist/CEOs (consent to certain detentions), police commissioners (operational use of powers and declarations), and courts (how to order concurrent sentences or additional community work hours) have decision roles created or recognised by the regulations.\n- Behaviour changes: police and court staff will exercise powers and conduct hearings across borders more often; magistrates from SA/NT may sit in WA; correctional and mental‑health authorities will be asked to accept or refuse cross‑jurisdictional custody; offenders will face slightly different mobility restrictions when they have a cross‑border connection.\n\n**Bottom line**\n\nMechanically, the regulations are a dense package of bookmarks and surgical edits that let many WA laws operate across a defined WA/SA/NT border zone by (a) widening definitions to include like actors and places in SA/NT, (b) authorising cross‑jurisdictional officers and magistrates with specified limits, (c) permitting remote participation and provisional enforcement of interstate orders, and (d) imposing procedural and consent checks (notably for mental‑health detentions and prison transfers). These changes lower formal jurisdictional barriers but increase administrative coordination, create new decision points requiring consent or appointments, and require agencies to reconcile differing laws and operational arrangements (see key provisions cited above)."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Impossible to assess whether the scope of this instrument changed from its original intent, as the legislative text was not available for analysis. The retrieved content consists only of a website error message and an Acknowledgement of Country."},"complexity_factors":["Insufficient legislative text was retrieved to conduct a meaningful analysis — the source page returned a 404-style error message rather than legislative content","Cannot assess regulatory complexity, cross-jurisdictional provisions, or technical drafting without the actual text","Score reflects the minimal information available, not the likely complexity of the underlying instrument"],"plain_english_summary":"These regulations set out the detailed rules under the Cross‑border Justice framework, enabling police, courts and corrective services to exercise and coordinate criminal‑justice powers across WA borders. They mainly affect residents of remote border communities, law‑enforcement and corrections staff, and courts near state/territory lines, ensuring legal clarity and operational cooperation where jurisdictions overlap."}},"importantCases":[],"_links":{"self":"/api/acts/cross-border-justice-regulations-2009","history":"/api/acts/cross-border-justice-regulations-2009/history","analysis":"/api/acts/cross-border-justice-regulations-2009/analysis","conflicts":"/api/acts/cross-border-justice-regulations-2009/conflicts","importantCases":"/api/acts/cross-border-justice-regulations-2009/important-cases","documents":"/api/acts/cross-border-justice-regulations-2009/documents"}}