{"id":"cross-border-justice-regulations-2024","name":"Cross-border Justice Regulations 2024","slug":"cross-border-justice-regulations-2024","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235341,"registerId":"sa-cross-border-justice-regulations-2024-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Cross-border Justice Regulations 2024","content":"South Australia\nCross-border Justice Regulations 2024\nunder the Cross-border Justice Act 2009\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tInterpretation\nPart 2—Cross‑border regions\n4\tWA/SA/NT region\nPart 3—General\n5\tDefinitions (section 7)\n6\tCustody orders—recommendation about place of custody\n7\tCalculation of reduction in amount of fines (section 130)\nPart 4—Modifications of other laws of State\nDivision 1—Interpretation\n8\tTerms used in modifications\n9\tModification provisions\nDivision 2—Modifications of Bail Act 1985\n10\tAmendment of section 3—Interpretation\n11\tInsertion of section 3AA\n3AA\tApplication to persons in custody in participating jurisdictions\n12\tAmendment of section 5—Bail authorities\n13\tAmendment of section 6—Nature of bail agreement\n14\tAmendment of section 7—Guarantee of bail\n15\tAmendment of section 11—Conditions of bail\nDivision 3—Modifications of Correctional Services Act 1982\n16\tAmendment of section 4—Interpretation\n17\tInsertion of section 65\n65\tDivision does not apply to cross‑border prisoners\nDivision 4—Modifications of Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007\n18\tAmendment of section 3—Interpretation\nDivision 5—Modifications of Criminal Law Consolidation Act 1935\n19\tSubstitution of section 269V\n269V\tCustody, supervision and care\nDivision 6—Modifications of Criminal Law (Forensic Procedures) Act 2007\n20\tAmendment of section 3—Interpretation\nDivision 7—Modifications of Criminal Procedure Act 1921\n21\tInsertion of section 30\n30\tRepresentation of prosecuting authority\n22\tAmendment of section 69A—Examination of defendant\n23\tAmendment of section 99H—Registration of foreign restraining orders\n24\tInsertion of sections 99HA and 99HB\n99HA\tNotification of restraining orders made in cross‑border proceedings\n99HB\tEnforcement of unregistered foreign restraining orders\nDivision 8—Modifications of Evidence Act 1929\n25\tInsertion of section 59IPA\n59IPA\tApplication of Division\n26\tAmendment of section 59IQ—Appearance etc by audio visual link or audio link\nDivision 9—Modifications of Fines Enforcement and Debt Recovery Act 2017\n27\tAmendment of section 46—Community service and approved treatment program orders\nDivision 10—Modifications of Magistrates Act 1983\n28\tInsertion of section 5A\n5A\tCross‑border magistrates\nDivision 11—Modifications of Magistrates Court Act 1991\n29\tAmendment of section 7A—Constitution of Court\n30\tSubstitution of section 23\n23\tProduction of persons held in custody\nDivision 12—Modifications of Oaths Act 1936\n31\tAmendment of section 7—Oaths to be taken by judicial officers\nDivision 13—Modifications of Police Act 1998\n32\tSubstitution of section 59\n59\tAppointment of special constables\nDivision 14—Modifications of Police Regulations 2014\n33\tAmendment of regulation 81—Interpretation\n34\tSubstitution of regulation 84\n84\tIllness or injury of prisoners\nDivision 15—Modifications of Prisoners (Interstate Transfer) Act 1982\n35\tInsertion of section 6A\n6A\tRelationship with cross‑border laws\n36\tInsertion of section 6B\n6B\tApplication of this Part to State prisoners imprisoned in another participating jurisdiction\n37\tInsertion of section 8A\n8A\tEffect of orders under this Part on persons imprisoned under law of another participating jurisdiction\nDivision 16—Modifications of Road Traffic Act 1961\n38\tAmendment of section 5—Interpretation\n39\tAmendment of section 41D—Use of equipment to examine or process things\nDivision 17—Modifications of Sentencing Act 2017\n40\tAmendment of section 5—Interpretation\n41\tInsertion of section 44A\n44A\tCommencement of sentences imposed in cross‑border proceedings\n42\tInsertion of section 105A\n105A\tHours of community service under non‑custodial orders made in cross‑border proceedings\n43\tAmendment of section 106—Provisions relating to supervision in the community\nDivision 18—Modifications of Summary Offences Act 1953\n44\tAmendment of section 78—Person apprehended without warrant—how dealt with\n45\tAmendment of section 78A—Power of arrest in cases of certain offences committed outside the State\n46\tRepeal of section 80\n47\tRepeal of sections 83B to 83C\nDivision 19—Modifications of Young Offenders Act 1993\n48\tAmendment of section 4—Interpretation\n49\tInsertion of section 4B\n4B\tEx officio juvenile justice officers\n50\tAmendment of section 23—Limitation on power to impose custodial sentence\n51\tAmendment of section 36—Detention of youth sentenced as adult\n52\tAmendment of section 40A—Leave may be authorised by Board\n53\tAmendment of section 41A—Conditional release from detention\n54\tAmendment of section 41C—What happens if youth fails to observe condition of release\n55\tSubstitution of section 59\n59\tDetention and search by officers of Departmentjuvenile justice officers\n56\tSubstitution of section 59A\n59A\tPower of arrest by officers of the Departmentjuvenile justice officers\n57\tSubstitution of section 60\n60\tHindering an officer of the Departmenta juvenile justice officer\nDivision 20—Modification of Youth Court Act 1993\n58\tAmendment of section 14—Constitution of Court\nSchedule 1—WA/SA/NT region\n1\tDescription of boundary line\n2\tAreas in which police officers stationed or carry out duties\nSchedule 2—Repeal of Cross-border Justice Regulations 2009\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Cross-border Justice Regulations 2024.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\nIn these regulations—\nAct means the Cross-border Justice Act 2009.\nPart 2—Cross‑border regions\n4—WA/SA/NT region\n\t(1)\tThe WA/SA/NT region is a cross‑border region that—\n\t(a)\tstraddles the State's borders with Western Australia and the Northern Territory; and\n\t(b)\tis bounded by a line described in Schedule 1 clause 1.\n\t(2)\tThe map in Schedule 1 clause 2 indicates the areas in the WA/SA/NT region in which police officers of participating jurisdictions may be stationed or carry out duties.\nPart 3—General\n5—Definitions (section 7)\n\t(1)\tPursuant to paragraph (b) of 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\t(2)\tFor the purposes of the definition of community corrections officer in section 7(1) of the Act, a community corrections officer, if the jurisdiction is the State, is an officer or employee of the Department within the meaning of the Correctional Services Act 1982 whose duties include the supervision of offenders in the community.\n\t(3)\tFor the purposes of the definition of juvenile justice officer in section 7(1) of the Act, a juvenile justice officer, if the jurisdiction is the State, is an officer or employee of an administrative unit of the Public Service whose duties include the supervision of young offenders in the community.\n6—Custody orders—recommendation about place of custody\nA judicial officer or registrar who issues—\n\t(a)\ta warrant of commitment under section 99 of the Act; or\n\t(b)\ta remand warrant under section 101 of the Act,\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.\n7—Calculation of reduction in amount of fines (section 130)\nFor the purposes of advising a reciprocating agency of an outstanding amount under section 130(2)(a)(iii) of the Act, the amount by which a fine is reduced because an offender has satisfactorily performed all or some of the required hours of a community service order made under section 46 of the Fines Enforcement and Debt Recovery Act 2017 is to be calculated in accordance with section 46(9) of that Act.\nNote—\nThe reduction may have been applied by a court in restoring a pecuniary sum pursuant to section 46(16) and (17) of the Fines Enforcement and Debt Recovery Act 2017.\nPart 4—Modifications of other laws of State\nDivision 1—Interpretation\n8—Terms used in modifications\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.\nNote—\nUnder 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.\n9—Modification provisions\n\t(1)\tPursuant to section 13(a) of the Act, this Part prescribes modifications of the law of the State.\n\t(2)\tIn this Part, a provision under a heading referring to the modification of a specified Act or specified regulations modifies the Act or regulations specified.\n\t(3)\tIf a substituted provision as it appears in this Part includes text that is struck out or underlined, the provision of the specified Act or regulations is modified by the deletion of the text that is struck out and the insertion of the text that is underlined.\nDivision 2—Modifications of Bail Act 1985\n10—Amendment of section 3—Interpretation\n\t(1)\tSection 3(1), definition of community corrections officer—delete the definition and substitute:\ncommunity corrections officer means—\n\t(a)\tin relation to a child—an officer or employee of an administrative unit of the Public Service whose duties include the supervision of young offenders in the community;\n\t(b)\tin any other case—an officer or employee of an administrative unit of the Public Service whose duties include the supervision of adult offenders in the community,\nand includes a community corrections officer of another participating jurisdiction;\ncommunity corrections officer, of another participating jurisdiction, means—\n\t(a)\tif the jurisdiction is Western Australia—a community corrections officer as defined in section 4(2) of the Sentence Administration Act 2003 of Western Australia; or\n\t(b)\tif the jurisdiction is the Northern Territory—a probation and parole officer as defined in section 4 of the Correctional Services Act 2014 of the Northern Territory;\n\t(2)\tSection 3(1)—after the definition of officer in charge insert:\npolice station includes a police station in another participating jurisdiction;\n11—Insertion of section 3AA\nAfter section 3A insert:\n3AA—Application to persons in custody in participating jurisdictions\nThis Act applies in relation to a person in the custody of a police officer in a participating jurisdiction who has a connection with a cross‑border region.\n12—Amendment of section 5—Bail authorities\nSection 5(1)—delete subsection (1) and substitute:\n\t(1)\tSubject to subsection (3), the following are constituted as bail authorities for the purposes of this Act:\n\t(a)\tthe Supreme Court;\n\t(b)\tthe District Court;\n\t(c)\tthe Magistrates Court;\n\t(d)\tthe Youth Court;\n\t(e)\tif the eligible person—\n\t(i)\thas been arrested on a warrant (other than a warrant endorsed by the court or justice issuing the warrant with a statement excluding the granting of bail by a police officer); or\n\t(ii)\thas not appeared before a court charged with the offence in respect of which he or she has been taken into custody,\na police officer (including a police officer of another participating jurisdiction who holds a secondary office as a police officer of the State) who is—\n\t(iii)\tof or above the rank of sergeant; or\n\t(iv)\tthe responsible officer for a police station;\n\t(ea)\tif the eligible person is appearing before a court in answer to a summons or for allegedly failing to observe a condition of a recognizance—that court;\n\t(eb)\tif the eligible person is appearing, or is to appear, as a witness before a court—that court;\n\t(f)\ta person authorised or required to release the eligible person on bail under subsection (2).\n13—Amendment of section 6—Nature of bail agreement\nSection 6(3)—delete subsection (3) and substitute:\n\t(3)\tIf a bail authority decides to release a person on bail, the bail agreement may be entered into before the bail authority or, unless the bail authority otherwise directs, before—\n\t(a)\tif the bail agreement is entered into in this State—a justice; or\n\t(b)\ta police officer (including a police officer of another participating jurisdiction who holds a secondary office as a police officer of the State) who is—\n\t(i)\tof or above the rank of sergeant; or\n\t(ii)\tthe responsible officer for a police station; or\n\t(ba)\tif the person is in a training centre—the manager of the training centre; or\n\t(c)\tif the person is in prison—the person who is in charge of the prison; or\n\t(ca)\ta registrar or deputy registrar of a court; or\n\t(d)\tany other person specified by the bail authority or any other person of a class specified by the bail authority.\n14—Amendment of section 7—Guarantee of bail\nSection 7(3)—delete subsection (3) and substitute:\n\t(3)\tA guarantee of bail may be entered into before the bail authority granting bail or, unless the bail authority otherwise directs, before—\n\t(a)\ta justice; or\n\t(b)\ta police officer (including a police officer of another participating jurisdiction who holds a secondary office as a police officer of the State) who is—\n\t(i)\tof or above the rank of sergeant; or\n\t(ii)\tthe responsible officer for a police station; or\n\t(ba)\tif the person who is to be released on bail is in a training centre—the manager of the training centre; or\n\t(c)\tif the person who is to be released on bail is in prison—the person who is in charge of the prison; or\n\t(ca)\ta registrar or deputy registrar of a court; or\n\t(d)\tany other person specified by the bail authority or any other person of a class specified by the bail authority.\n15—Amendment of section 11—Conditions of bail\n\t(1)\tSection 11(6)—delete subsection (6) and substitute:\n\t(6)\tIt is a condition of every bail agreement that the person released under the agreement will not leave the State for any reason—\n\t(a)\tif the person is under the supervision of a community corrections officer—without the permission of the Chief Executive (or his or her nominee) of the administrative unit of which the community corrections officer is an officer or employee; or\n\t(c)\tin any other case—\n\t(i)\tif the bail authority is a court—without the permission of a judge or magistrate; or\n\t(ii)\tif the bail authority is a police officer—without the permission of a police officer (including a police officer of another participating jurisdiction who holds a secondary office as a police officer of the State) who is—\n\t(A)\tof or above the rank of sergeant; or\n\t(B)\tthe responsible officer for a police station.\n\t(2)\tSection 11—after subsection (6) insert:\n\t(6a)\tFor the purposes of subsection (6), an area of the cross‑border region that is within Western Australia or the Northern Territory will be taken to be part of the State.\nDivision 3—Modifications of Correctional Services Act 1982\n16—Amendment of section 4—Interpretation\nSection 4(1), definition of prisoner—delete the definition and substitute:\nprisoner means a person committed to a correctional institution pursuant to an order of a court or a warrant of commitment and includes a person who is in prison under a custodial order of a participating jurisdiction;\n17—Insertion of section 65\nBefore section 66 insert:\n65—Division does not apply to cross‑border prisoners\nThis Division does not apply in relation to a person who is in prison under a custodial order of another participating jurisdiction.\nDivision 4—Modifications of Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007\n18—Amendment of section 3—Interpretation\nSection 3(1)—after the definition of motor vehicle insert:\nplace includes a place in another participating jurisdiction;\nDivision 5—Modifications of Criminal Law Consolidation Act 1935\n19—Substitution of section 269V\nSection 269V—delete the section and substitute:\n269V—Custody, supervision and care\n\t(1)\tIf a defendant is committed to detention under this Division, the defendant is in the custody of the Minister and the Minister may give directions for the custody, supervision and care of the defendant the Minister considers appropriate.\n\t(2)\tThe Minister may—\n\t(a)\tplace the defendant under the custody, supervision and care of another (who may, subject to subsection (6), be a person in another participating jurisdiction); and\n\t(b)\tif there is no practicable alternative—direct that a defendant be kept in custody in a prison (which may, subject to subsection (6), be a prison in another participating jurisdiction).\n\t(3)\tSupervisory responsibilities arising from conditions on which a person is released on licence are to be divided between the Parole Board and the Minister in the following way:\n\t(a)\tthe supervisory responsibilities are to be exercised by the Minister insofar as they relate to treating or monitoring the mental condition of the person; and\n\t(b)\tthe supervisory responsibilities are in all other respects to be exercised by the Parole Board.\n\t(4)\tThe Minister or the Parole Board (as the case may be) may delegate a power or function under this section—\n\t(a)\tto a person for the time being performing particular duties or holding or acting in a particular position; or\n\t(b)\tto any other person or body that, in the delegator's opinion, is competent to perform or exercise the relevant functions or powers.\n\t(5)\tA delegation under subsection (4)—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the ability of the delegator to act in any matter; and\n\t(d)\tis revocable at will by the delegator.\n\t(6)\tThe Minister may not direct that a defendant be placed under the custody, supervision and care of a person, or kept in custody in a prison, in another participating jurisdiction unless—\n\t(a)\tif that other jurisdiction is Western Australia—the CEO within the meaning of the Mental Health Act 2014 of Western Australia; or\n\t(b)\tif that other jurisdiction is the Northern Territory—the CEO within the meaning of the Mental Health and Related Services Act 1998 of the Northern Territory,\nhas consented to the defendant being so placed or kept.\nDivision 6—Modifications of Criminal Law (Forensic Procedures) Act 2007\n20—Amendment of section 3—Interpretation\nSection 3(1)—after the definition of police officer insert:\npolice station includes a police station in another participating jurisdiction;\nDivision 7—Modifications of Criminal Procedure Act 1921\n21—Insertion of section 30\nAfter section 29 insert:\n30—Representation of prosecuting authority\nA police officer of another participating jurisdiction may appear on behalf of a prosecuting authority that is the State or a police officer in a cross‑border proceeding of a prescribed court if—\n\t(a)\tthe person who is the subject of the proceeding has a connection with a cross‑border region that is partly in that other jurisdiction; and\n\t(b)\tthe police officer is authorised to appear as a prosecuting authority under the law of that other jurisdiction.\n22—Amendment of section 69A—Examination of defendant\n\t(1)\tSection 69A(1)—delete subsection (1) and substitute:\n\t(1)\tWhere the Magistrates Court finds proved any matter alleged in an information (not being a charge of an offence), the Magistrates Court may order that the defendant be examined by a physician, psychiatristmedical practitioner or psychologist directed by the Magistrates Court to conduct the examination and that the defendant submit to the examination.\n\t(2)\tSection 69A(3)—delete subsection (3) and substitute:\n\t(3)\tFor the purpose of enabling the defendant to be examined as mentioned in this section, the Magistrates Court may order that the defendant be taken to a suitable place for the examination (which may be a place in another participating jurisdiction).\n23—Amendment of section 99H—Registration of foreign restraining orders\nSection 99H—after subsection (1) insert:\n\t(1a)\tIf the Principal Registrar receives from a registrar of a prescribed court of another participating jurisdiction a copy of a foreign restraining order as made or varied in a cross‑border proceeding of that court, the Principal Registrar must register the order in the Magistrates Court.\n\t(1b)\tIf the Principal Registrar registers a foreign restraining order as varied in a cross‑border proceeding pursuant to subsection (1a), the registration of the foreign restraining order as made is cancelled.\n24—Insertion of sections 99HA and 99HB\nAfter section 99H insert:\n99HA—Notification of restraining orders made in cross‑border proceedings\n\t(1)\tThis section applies in relation to a restraining order made by a prescribed court of the State if—\n\t(a)\tthe 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\t(b)\tthe 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\t(c)\tthe region is partly in that other jurisdiction.\n\t(2)\tThe Principal Registrar must cause a copy of the order as made or varied to be delivered to—\n\t(a)\tif that other jurisdiction is Western Australia—the Principal Registrar of the Magistrates Court of Western Australia; and\n\t(b)\tif that other jurisdiction is the Northern Territory—the principal registrar of the Local Court of the Northern Territory.\n99HB—Enforcement of unregistered foreign restraining orders\n\t(1)\tThis section applies if a police officer reasonably believes—\n\t(a)\tthat a person in the State is a person against whom an unregistered foreign restraining order made by a court of another participating jurisdiction is in force in that other jurisdiction; and\n\t(b)\tthat the person against whom, or for whose benefit, that unregistered foreign restraining order is made ordinarily resides in a cross‑border region that is partly in that other jurisdiction.\n\t(2)\tThe police officer must as soon as practicable after forming that belief—\n\t(a)\tmake a declaration in writing stating the belief and setting out the grounds for the belief; and\n\t(b)\tgive the declaration to the Commissioner of Police.\n\t(3)\tThe declaration is in force for 72 hours after it is made.\n\t(4)\tWhile the declaration is in force, the police officer may exercise powers in relation to the person against whom the unregistered foreign order is made as if the order were registered.\n\t(5)\tIn relation to the exercise of powers under subsection (4), this Part has effect for all purposes in respect of any breach of the unregistered foreign restraining order as if the order were registered.\n\t(6)\tIn this section—\nunregistered foreign restraining order means a foreign restraining order that is not registered under section 99H.\nDivision 8—Modifications of Evidence Act 1929\n25—Insertion of section 59IPA\nBefore section 59IQ insert:\n59IPA—Application of Division\nThis Division applies to any cross‑border proceedings of a prescribed court of the State.\n26—Amendment of section 59IQ—Appearance etc by audio visual link or audio link\nSection 59IQ(1)—delete subsection (1) and substitute:\n\t(1)\tA court may, subject to this Division and any relevant rules of court, receive evidence or submissions from a person who is in the State a participating jurisdiction but not physically present in the courtroom by means of an audio visual link or an audio link.\nDivision 9—Modifications of Fines Enforcement and Debt Recovery Act 2017\n27—Amendment of section 46—Community service and approved treatment program orders\nSection 46—after subsection (15) insert:\n\t(16)\tIf a community service order is in force under this section in respect of a fine registered in this jurisdiction pursuant to section 126(1) of the Cross-border Justice Act 2009, the Court may, if satisfied that section 130 of the Cross-border Justice Act 2009 applies in respect of the fine—\n\t(a)\trevoke the community service order; and\n\t(b)\torder the restoration of the pecuniary sum in respect of which the community service order was made.\n\t(17)\tIn restoring a pecuniary sum under subsection (16), the Court must take into account the number of hours of community service (if any) that the person performed under the revoked community service order.\nDivision 10—Modifications of Magistrates Act 1983\n28—Insertion of section 5A\nAfter section 5 insert:\n5A—Cross‑border magistrates\n\t(1)\tIf 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, on the recommendation of the Attorney‑General, appoint a magistrate of another participating jurisdiction to be a magistrate.\n\t(2)\tThe instrument of appointment must specify—\n\t(a)\tthe period of appointment; and\n\t(b)\tany conditions on which the appointee holds office.\n\t(3)\tThe Governor may vary any matter specified in the instrument of appointment other than the period of appointment.\n\t(4)\tA magistrate whose appointment is varied under subsection (3) must be notified in writing of the variation.\n\t(5)\tThe conditions of service (including remuneration) of a cross‑border magistrate are those that the cross‑border magistrate is entitled to under the law of that other jurisdiction.\n\t(6)\tA cross‑border magistrate has the same functions, protection and immunity as a magistrate.\n\t(7)\tA 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\t(8)\tIf, at the end of the period of a cross‑border magistrate's appointment, a case is pending before the magistrate—\n\t(a)\tthe cross‑border magistrate must finish dealing with the case; and\n\t(b)\tfor that purpose, the appointment is taken to be extended until the cross‑border magistrate has done so.\n\t(9)\tA reference in an enactment other than this Act to a magistrate includes a reference to a cross‑border magistrate unless the contrary intention appears.\n\t(10)\tParts 3, 4 and 5 do not apply in relation to a cross‑border magistrate.\n\t(11)\tIn this section—\ncross‑border magistrate means a magistrate appointed under subsection (1).\nDivision 11—Modifications of Magistrates Court Act 1991\n29—Amendment of section 7A—Constitution of Court\nSection 7A—after subsection (2) insert:\n\t(2aaa)\tHowever, the Court may not, when sitting in another participating jurisdiction, be constituted of a special justice or Judicial Registrar.\n30—Substitution of section 23\nSection 23—delete the section and substitute:\n23—Production of persons held in custody\nIf the Court requires the attendance before it of any person who is held in custody in the State or another participating jurisdiction, the Court may—\n\t(a)\tissue a summons or a notice requiring the custodian to produce that person before the Court at a nominated time and place; or\n\t(b)\tissue a warrant authorising the sheriff, or a member of the police force, to take the person from the custodian and bring him or her before the Court.\nDivision 12—Modifications of Oaths Act 1936\n31—Amendment of section 7—Oaths to be taken by judicial officers\n\t(1)\tSection 7(1)—delete subsection (1) and substitute:\n\t(1)\tEach of the following officers, namely—\n\t(a)\tthe Chief Justice, President, puisne judges, Masters and Judicial Registrars of the Supreme Court; and\n\t(b)\tthe Chief Judge, other Judges, Masters and Judicial Registrars of the District Court; and\n\t(c)\tMagistrates (including cross‑border magistrates) and Judicial Registrars of the Magistrates Court; and\n\t(d)\tjustices of the peace,\nshall, before proceeding to discharge any official duties, take the oath of allegiance and the judicial oath.\n\t(2)\tSection 7(2)—delete subsection (2) and substitute:\n\t(2)\tThe oaths to be taken under this section must be taken—\n\t(a)\tin the case of the oaths to be taken by the Chief Justice, the President or the puisne judges of the Supreme Court—before the Governor or, if the Governor so determines (or in the absence of a determination by the Governor), by the most senior judge of the Supreme Court that is available to take the oath;\n\t(b)\tin the case of the oaths to be taken by any other judicial officer to whom this section applies (other than a justice of the peace or a cross‑border magistrate)—by the most senior judge of the Supreme Court that is available to take the oath.\n\t(3)\tSection 7—after subsection (2) insert:\n\t(3)\tA cross‑border magistrate may take the oaths to be taken under this section in another participating jurisdiction before the most senior judge of the Supreme Court of that other jurisdiction that is available at the time the oath is to be taken.\n\t(4)\tSection 7—after subsection (5) insert:\n\t(6)\tIn this section—\ncross‑border magistrate means a magistrate appointed under section 5A(1) of the Magistrates Act 1983.\nDivision 13—Modifications of Police Act 1998\n32—Substitution of section 59\nSection 59—delete the section and substitute:\n59—Appointment of special constables\n\t(1)\tSubject to subsection (2), the Commissioner may appoint a person to be a special constable for the whole or a part of the Stateof a participating jurisdiction or for a part of a participating jurisdiction.\n\t(2)\tThe Commissioner may only appoint a police cadet to be a special constable for the whole or a part of the State if a declaration has been made under Part 4 Division 3 of the Emergency Management Act 2004 (and the term of any such appointment will be for the period specified in the declaration under that Act and, if the period of the declaration is extended under that Act, for such further periods).\n\t(3)\tAn appointment under this section may be made—\n\t(a)\tif a declaration has been made under Part 4 Division 3 of the Emergency Management Act 2004—orally; or\n\t(b)\tin any other case—by instrument in writing.\n\t(4)\tIf the appointment is made orally, the Commissioner must, as soon as practicable, confirm the appointment by instrument in writing.\n\t(5)\tAn instrument of appointment or confirming the appointment of a special constable must specify the term and conditions of the appointment, including—\n\t(a)\tif the appointment is for the whole of the Statea participating jurisdiction—that fact; and\n\t(b)\tin any other case—the part of the Statea participating jurisdiction for which the special constable is appointed.\nDivision 14—Modifications of Police Regulations 2014\n33—Amendment of regulation 81—Interpretation\nRegulation 81, definition of police station—delete the definition and substitute:\npolice station means a police station at which cell facilities are available for the continuous care and custody of a person accepted into custody at the police station and includes a police station in another participating jurisdiction;\n34—Substitution of regulation 84\nRegulation 84—delete the regulation and substitute:\n84—Illness or injury of prisoners\nIf it is necessary to obtain medical assistance for a prisoner at a police station who is ill or injured, the responsible officer for the police station—\n\t(a)\tmust, if practicable, cause the prisoner to be conveyed to an incorporated hospital within the meaning of the Health Care Act 2008; or\n\t(a)\tmust, if practicable, cause the prisoner to be conveyed to—\n\t(i)\tan incorporated hospital within the meaning of the Health Care Act 2008; or\n\t(ii)\ta public hospital or a private hospital within the meaning of the Private Hospitals and Health Services Act 1927 of Western Australia; or\n\t(iii)\ta hospital within the meaning of the Medical Services Act 1982 of the Northern Territory; or\n\t(b)\tif that is not practicable, must cause the prisoner to be attended by a police medical officer or other legally qualified medical practitioner.\nDivision 15—Modifications of Prisoners (Interstate Transfer) Act 1982\n35—Insertion of section 6A\nAfter section 6 insert:\n6A—Relationship with cross‑border laws\nThis Act does not apply in relation to the transfer from South Australia to another participating jurisdiction of a person who—\n\t(a)\tis serving a sentence of imprisonment in South Australia under a warrant of commitment issued under—\n\t(i)\tthe Cross-border Justice Act 2009; or\n\t(ii)\tthe Cross-border Justice Act 2008 of Western Australia; or\n\t(iii)\tthe Cross-border Justice Act 2009 of the Northern Territory; and\n\t(b)\thas a connection with a cross‑border region that is partly in that other jurisdiction.\n36—Insertion of section 6B\nBefore section 7 insert:\n6B—Application of this Part to State prisoners imprisoned in another participating jurisdiction\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 2009 as if the person were a State prisoner serving a sentence of imprisonment in South Australia.\n37—Insertion of section 8A\nAfter section 8 insert:\n8A—Effect of orders under this Part on persons imprisoned under law of another participating jurisdiction\n\t(1)\tSubsection (3) applies in relation to a person who is serving in South Australia—\n\t(a)\ta State sentence of imprisonment; and\n\t(b)\ta sentence of imprisonment under a warrant of commitment issued under—\n\t(i)\tthe Cross-border Justice Act 2008 of Western Australia; or\n\t(ii)\tthe Cross-border Justice Act 2009 of the Northern Territory.\n\t(2)\tSubsection (3) applies in relation to a person who is serving in another participating jurisdiction—\n\t(a)\ta State sentence of imprisonment under a warrant of commitment issued under the Cross-border Justice Act 2009; and\n\t(b)\ta sentence of imprisonment under the law of another participating jurisdiction.\n\t(3)\tAn order of transfer issued under this Part (a State order) in relation to a person referred to in subsection (1) or (2) has no effect—\n\t(a)\tto 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\t(b)\tunless and until an order of transfer corresponding to the State order is in force under the interstate law of that jurisdiction.\nDivision 16—Modifications of Road Traffic Act 1961\n38—Amendment of section 5—Interpretation\nSection 5(1)—after the definition of photographic detection device insert:\npolice station includes a police station in another participating jurisdiction;\n39—Amendment of section 41D—Use of equipment to examine or process things\nSection 41D(2)—delete subsection (2) and substitute:\n\t(2)\tIf—\n\t(a)\tit is not practicable to examine or process the things at the vehicle or premises; or\n\t(b)\tthe occupier of the vehicle or premises consents in writing,\nthe things may be moved to another place (which may be a place within another participating jurisdiction) so that the examination or processing can be carried out in order to determine whether they are things that may be seized.\nDivision 17—Modifications of Sentencing Act 2017\n40—Amendment of section 5—Interpretation\nSection 5(1), definition of community corrections officer—delete the definition and substitute:\ncommunity corrections officer means an officer or employee of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Correctional Services Act 1982 whose duties include the supervision of offenders in the community;—\n\t(a)\tan officer or employee of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Correctional Services Act 1982 whose duties include the supervision of offenders in the community; or\n\t(b)\ta community corrections officer of another participating jurisdiction;\ncommunity corrections officer, of another participating jurisdiction, means—\n\t(a)\tif the jurisdiction is Western Australia—a community corrections officer as defined in section 4(2) of the Sentence Administration Act 2003 of Western Australia; or\n\t(b)\tif the jurisdiction is the Northern Territory—a probation and parole officer as defined in section 4 of the Correctional Services Act 2014 of the Northern Territory;\n41—Insertion of section 44A\nAfter section 44 insert:\n44A—Commencement of sentences imposed in cross‑border proceedings\n\t(1)\tThis section applies if an offender—\n\t(a)\tis convicted of 1 or more offences in a cross‑border proceeding of a prescribed court of the State; and\n\t(b)\tis sentenced to imprisonment for 1 or more of those offences.\n\t(2)\tIf, at the time of conviction, the offender is serving or yet to serve 1 or more sentences of imprisonment under the law of another participating jurisdiction (the interstate sentences), each of the sentences referred to in subsection (1)(b) (the State sentences) is to be served concurrently with the interstate sentences unless the court specifies differently under subsection (3).\n\t(3)\tThe court may specify when 1 or more of the State sentences commences.\n\t(4)\tFor the purposes of subsection (3)—\n\t(a)\tnone of the State sentences can commence later than the end of the last interstate sentence to end; and\n\t(b)\tif 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.\n42—Insertion of section 105A\nAfter section 105 insert:\n105A—Hours of community service under non‑custodial orders made in cross‑border proceedings\n\t(1)\tThis section applies if an offender—\n\t(a)\tis convicted of 1 or more offences in a cross‑border proceeding of a prescribed court of the State; and\n\t(b)\tthe court makes a non‑custodial order for 1 or more of those offences under which the offender is required to perform community service.\n\t(2)\tIf, at the time of conviction, the offender is performing or yet to perform community service under 1 or more non‑custodial orders of another participating jurisdiction (the interstate orders), the hours of community service performed under the interstate orders count as hours of community service performed under each of the non‑custodial orders referred to in subsection (1)(b) (the State orders) unless the court specifies differently under subsection (3).\n\t(3)\tThe court may specify that the number of hours of community service to be performed under 1 or more of the State orders is in addition to any community service the offender has to perform under the interstate orders.\n\t(4)\tFor 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\t(5)\tTo avoid doubt, section 105(1)(b) applies in relation to community service performed under non‑custodial orders of the State and does not apply in relation to community service performed under non‑custodial orders of another participating jurisdiction.\n43—Amendment of section 106—Provisions relating to supervision in the community\nSection 106(2)—delete subsection (2) and substitute:\n\t(2)\tThe following provisions apply if a court makes an order, or includes a condition in a bond, requiring the person to whom the order or bond relates to be under the supervision of a community corrections officer:\n\t(a)\tthe court must, in the case of a probationer, specify the period during which the probationer is to be under supervision;\n\t(b)\tthe person is required to report to a specified place not later than 2 working days after the date of the order or bond unless, within that period, the defendant receives a notice from the CE to the contrary;\n\t(c)\tthe person must obey the lawful directions of the community corrections officer to whom the person is assigned;\n\t(d)\tthe person must not, during the period of supervision, leave the State participating jurisdiction in which the person was sentenced for any reason except in accordance with the written permission of the CE.\nDivision 18—Modifications of Summary Offences Act 1953\n44—Amendment of section 78—Person apprehended without warrant—how dealt with\nSection 78(10)—after the definition of nearest custodial police station insert:\npolice station includes a police station in another participating jurisdiction;\n45—Amendment of section 78A—Power of arrest in cases of certain offences committed outside the State\nSection 78A—after subsection (5) insert:\n\t(6)\tTo avoid doubt, a proceeding under this section in respect of an offence to which this section applies is only a cross‑border proceeding if—\n\t(a)\tthe offence is an offence under the law of another participating jurisdiction; and\n\t(b)\tthe person arrested for the offence has a connection with a cross‑border region that is partly in that other jurisdiction.\n46—Repeal of section 80\nSection 80—delete the section\n47—Repeal of sections 83B to 83C\nSections 83B to 83C (inclusive)—delete the sections\nDivision 19—Modifications of Young Offenders Act 1993\n48—Amendment of section 4—Interpretation\n\t(1)\tSection 4(1), definition of home detention officer—delete the definition and substitute:\nhome detention officer means an employee of the Departmenta juvenile justice officer assigned to the position of a home detention officer or authorised by the Minister (individually or by class) to exercise the powers of a home detention officer under this Act;\n\t(2)\tSection 4(1)—after the definition of injury insert:\njuvenile justice officer means—\n\t(a)\tan officer of the Department; or\n\t(b)\ta person who holds office as a juvenile justice officer under section 4B;\nlock‑up includes a lock‑up in another participating jurisdiction;\n\t(3)\tSection 4(1)—after the definition of offence to which this Act applies insert:\npolice station includes a police station in another participating jurisdiction;\nprison includes a prison in another participating jurisdiction under its cross‑border laws;\n\t(4)\tSection 4(1), definition of training centre—delete the definition and substitute:\ntraining centre means a facility for the reception, detention, correction and training of youths who offend against the criminal law established under the Family and Community Services Act 1972 or the Youth Justice Administration Act;—\n\t(a)\ta facility for the reception, detention, correction and training of youths who offend against the criminal law established under the Family and Community Services Act 1972 or the Youth Justice Administration Act; or\n\t(b)\ta detention centre in another participating jurisdiction under its cross‑border laws;\n\t(5)\tSection 4(1)—after the definition of Victims Register insert:\nwatch‑house includes a watch‑house in another participating jurisdiction;\n49—Insertion of section 4B\nAfter section 4A insert:\n4B—Ex officio juvenile justice officers\nThe following persons hold office as juvenile justice officers for the purposes of this Act:\n\t(a)\tan officer of the Department within the meaning of the Young Offenders Act 1994 of Western Australia whose duties include the supervision of offenders in the community under that Act;\n\t(b)\ta public sector employee of the Northern Territory whose duties include the supervision of offenders in the community under the Youth Justice Act 2005 of the Northern Territory.\n50—Amendment of section 23—Limitation on power to impose custodial sentence\nSection 23(7)—delete subsection (7) and substitute:\n\t(7)\tThe Correctional Services Act 1982 applies to and in relation toIf a youth is serving detention in a prison under subsection (6), the prison laws of the participating jurisdiction in which the sentence is being served apply to and in relation to the youth.\n\t(8)\tIn this section—\nprison laws, of a participating jurisdiction, means—\n\t(a)\tif the jurisdiction is the State—the Correctional Services Act 1982; or\n\t(b)\tif the jurisdiction is Western Australia—the Prisons Act 1981 of Western Australia; or\n\t(c)\tif the jurisdiction is the Northern Territory—the Correctional Services Act 2014 of the Northern Territory.\n51—Amendment of section 36—Detention of youth sentenced as adult\nSection 36(5)—delete subsection (5) and substitute:\n\t(5)\tIf a youth who is on parole attains the age of 18 years—\n\t(a)\tthe preceding provisions of this section cease to apply in relation to the youth; and\n\t(b)\tany reference in the parole conditions to the Training Centre Review Board will be taken to be a reference to the Parole Board; and\n\t(c)\tany reference in the parole conditions to an officer of the Departmenta juvenile justice officer will be taken to be a reference to a community corrections officer.\n52—Amendment of section 40A—Leave may be authorised by Board\nSection 40A(3)—delete subsection (3) and substitute:\n\t(3)\tA youth who is still at large after the revocation or expiry of a period of leave may be apprehended without warrant by a police officer or an officer of the Departmenta juvenile justice officer authorised by the Minister for the purpose.\n53—Amendment of section 41A—Conditional release from detention\nSection 41A(2) and (3)—delete subsections (2) and (3) and substitute:\n\t(2)\tSubject to subsection (3a), the provisions set out below apply to the release from detention of a youth other than a recidivist young offender:\n\t(a)\tthe youth must have completed at least two thirds of the period of detention in a training centre to which he or she has been sentenced;\n\t(ab)\tan application for release of the youth from detention may be determined by the Training Centre Review Board no earlier than 7 days before completion by the youth of at least two thirds of the period of detention in a training centre to which he or she has been sentenced;\n\t(b)\tin determining whether the youth should be released from detention, the Training Centre Review Board—\n\t(i)\tmust be satisfied that—\n\t(A)\tthe behaviour of the youth during the period of detention has been satisfactory; and\n\t(B)\tthere is no undue risk that the youth would, if released under this Subdivision, re‑offend;\n\t(ii)\tif, in relation to an offence for which the youth was detained, there is a registered victim—must take into consideration the impact that the release of the youth is likely to have on the registered victim and the registered victim's family;\n\t(c)\tthe release of the youth must be subject to the following conditions:\n\t(i)\ta condition that he or she not commit any offence;\n\t(ii)\ta condition that he or she be under the supervision of an officer of the Departmenta juvenile justice officer and that the youth obey the directions of that officer;\n\t(iia)\ta condition prohibiting the youth from possessing a firearm or ammunition (both within the meaning of the Firearms Act 2015) or any part of a firearm;\n\t(iib)\ta condition requiring the youth to submit to such tests (including testing without notice) for gunshot residue as may be reasonably required by an officer of the Departmenta juvenile justice officer who is supervising the youth;\n\t(iii)\tany other condition that the Board thinks fit;\n\t(d)\ta decision of the majority of the Board is a decision of the Board.\n\t(3)\tSubject to subsection (3a), the provisions set out below apply to the release from detention of a youth who is a recidivist young offender:\n\t(a)\tthe recidivist young offender must have completed at least four fifths of the period of detention in a training centre to which he or she has been sentenced;\n\t(ab)\tan application for the release of the recidivist young offender may be determined by the Youth Parole Board no earlier than 7 days before completion by the offender of at least four fifths of the period of detention in a training centre to which he or she has been sentenced;\n\t(b)\tin determining whether the recidivist young offender should be released from detention—\n\t(i)\tdespite any other provision of this Act, the paramount consideration of the Youth Parole Board must be the safety of the community; and\n\t(ii)\tthe Youth Parole Board must also take the following matters into consideration:\n\t(A)\tthe likelihood of the recidivist young offender re‑offending if released from detention;\n\t(B)\tthe likelihood of the recidivist young offender complying with the conditions of release;\n\t(C)\tif, in relation to an offence for which the recidivist young offender was sentenced to a period of detention in a training centre, there is a registered victim—the impact that the release of the recidivist young offender is likely to have on the registered victim and the registered victim's family;\n\t(D)\tthe behaviour of the recidivist young offender while in detention;\n\t(E)\tthe behaviour of the recidivist young offender during any previous release from detention;\n\t(F)\tany reports provided to the Board as required by the Board;\n\t(G)\tthe probable circumstances of the recidivist young offender after release from detention;\n\t(H)\tany other matters that the Board thinks are relevant;\n\t(c)\tthe release of the recidivist young offender must be subject to the following conditions:\n\t(i)\ta condition that he or she not commit any offence;\n\t(ii)\ta condition that he or she be under the supervision of an officer of the Departmenta juvenile justice officer and that he or she obey the directions of that officer;\n\t(iia)\ta condition prohibiting the youth from possessing a firearm or ammunition (both within the meaning of the Firearms Act 1977) or any part of a firearm;\n\t(iib)\ta condition requiring the youth to submit to such tests (including testing without notice) for gunshot residue as may be reasonably required by an officer of the Departmenta juvenile justice officer who is supervising the youth;\n\t(iii)\tany other condition that the Board thinks fit;\n\t(d)\ta decision of the majority of the Board is a decision of the Board.\n54—Amendment of section 41C—What happens if youth fails to observe condition of release\nSection 41C(7)—delete subsection (7) and substitute:\n\t(7)\tA warrant issued under this section authorises the apprehension of the youth referred to in the warrant by a police officer or an officer of the Departmenta juvenile justice officer authorised for the purpose.\n55—Substitution of section 59\nSection 59—delete the section and substitute:\n59—Detention and search by officers of Departmentjuvenile justice officers\nAn officer of the DepartmentA juvenile justice officer authorised by the Chief Executive for the purpose is entitled to the lawful custody of a youth against whom proceedings under this Act have been, or are about to be, brought, while that youth is being conveyed to or from a court, or while the youth is within the precincts of the court, and may, at any time, search the youth and remove any object that the officer considers may cause injury or damage to any person or property.\n56—Substitution of section 59A\nSection 59A—delete the section and substitute:\n59A—Power of arrest by officers of the Departmentjuvenile justice officers\n\t(1)\tAn officer of the DepartmentA juvenile justice officer may, without warrant, apprehend any youth who has escaped from custody or who the officer has reasonable grounds to believe is otherwise unlawfully at large.\n\t(2)\tAn officer of the DepartmentA juvenile justice officer may, in exercising powers under subsection (1), break into any premises where the officer reasonably suspects the youth to be.\n\t(3)\tA youth apprehended under this section must be returned forthwith to a training centre.\n\t(4)\tHowever, if the youth is arrested outside an area specified in the regulations, the youth may be detained—\n\t(a)\twith a person or in a place (other than a prison) approved by the Minister; or\n\t(b)\tif it is not reasonably practicable to detain the youth as provided by paragraph (a), in a police prison, or in a police station, watch‑house or lock‑up approved by the Minister,\nbut only until such time as it is reasonably practicable to transfer the youth to a training centre.\n\t(5)\tThe person for the time being in charge of a police prison, police station, watch‑house or lock‑up in which a youth is detained under this section must take such steps as are reasonably practicable to keep the youth from coming into contact with any adult person detained in that place.\n57—Substitution of section 60\nSection 60—delete the section and substitute:\n60—Hindering an officer of the Departmenta juvenile justice officer\nA person who hinders an officer of the Departmenta juvenile justice officer in the exercise of powers under this Act is guilty of an offence.\nMaximum penalty: $2 500.\nDivision 20—Modification of Youth Court Act 1993\n58—Amendment of section 14—Constitution of Court\nSection 14—after subsection (3) insert:\n\t(4)\tHowever, the Court may not, when sitting in another participating jurisdiction, be constituted of a special justice.\nSchedule 1—WA/SA/NT region\n1—Description of boundary line\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 to point 1.\n\nPoint no.\nLongitude (E)\nLatitude (S)\n1\n124°40′9.726″\n-23°26′26.696″\n2\n126°29′59.085″\n-23°26′50.559″\n3\n126°30′2.638″\n-22°30′0.724″\n4\n129°59′43.09″\n-22°29′59.842″\n5\n130°0′0.315″\n-22°59′58.596″\n6\n131°59′59.524″\n-22°59′59.741″\n7\n132°0′3.867″\n-24°0′0.641″\n8\n132°29′45.2″\n-24°0′5.62″\n9\n132°30′4.694″\n-24°29′40.966″\n10\n134°30′1.249″\n-24°30′0.759″\n11\n134°30′4.258″\n-25°0′5.185″\n12\n135°30′0.12″\n-25°0′1.22″\n13\n135°30′7.027″\n-26°59′43.989″\n14\n134°30′13.305″\n-27°0′11.385″\n15\n134°30′51.407″\n-28°0′11.092″\n16\n127°30′0.049″\n-28°0′0.49″\n17\n127°30′3.326″\n-26°45′5.594″\n18\n124°39′56.52″\n-26°44′1.484″\nNote—\nCoordinate references are to Geocentric Datum of Australia 1994 (GDA94) coordinates.\n2—Areas in which police officers stationed or carry out duties\n\nSchedule 2—Repeal of Cross-border Justice Regulations 2009\nThe Cross-border Justice Regulations 2009 are repealed.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2024\n77\nGazette 1.8.2024 p2288 \n1.8.2024: r 2\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"These Regulations substantially expand and operationalise cross‑border cooperation beyond a simple jurisdictional recognition function. Compared with the earlier 2009 regulations they (a) replace the prior regulatory framework (Schedule 2), (b) insert many new procedural and substantive modifications across a large number of primary Acts (Parts 3–4, Divs 2–20), and (c) create new offices and mechanisms (for example, cross‑border magistrates (s.5A), a 72‑hour police declaration power for unregistered foreign restraining orders (s.99HB), and default concurrency rules for sentences in cross‑border proceedings (s.44A)). Those additions broaden the operational scope of cross‑border justice by enabling cross‑jurisdictional custody, supervision, prosecutorial appearance, judicial appointment, and enforcement mechanisms that were not set out in this level of detail previously."},"complexity_factors":["Amendments to and interactions with over 20 distinct Acts and regulations (Bail Act, Correctional Services Act, Criminal Procedure Act, Evidence Act, Sentencing Act, Young Offenders Act, Police Act, Magistrates Act, etc.)","Many new and substituted sections (multiple insertions such as ss.3AA, 5A, 44A, 105A, 99HA–99HB, 59IPA and extensive substitutions like s.269V), increasing cross‑references","Multiple defined‑term harmonisations and cross‑jurisdictional definitions (e.g. community corrections officer, juvenile justice officer, police station, prison) across regulations (r.5; r.10; r.16; r.40)","Nested conditional rules and exceptions (for example concurrency of sentences default with court discretion at s.44A; consent requirements for placing defendants in another jurisdiction at s.269V(6))","Procedural time limits and short‑term powers (72‑hour declaration in s.99HB) requiring precise operational compliance","Delegation and revocation powers that are broad but conditional (Minister/Parole Board delegation rules in substituted s.269V)","Geographic precision and boundary complexity (Schedule 1 providing GDA94 coordinates and map areas)","Repeal and replacement of existing 2009 regulations (Schedule 2), meaning this instrument both updates and expands prior rules rather than being a narrow tweak"],"plain_english_summary":"**What these regulations do (mechanically)**\n\n- Define a cross‑border policing and justice region that straddles South Australia, Western Australia and the Northern Territory (the WA/SA/NT region) and provide the precise map and co‑ordinates for that region (Schedule 1, cl.1–2; r.4).\n\n- Make detailed, operative changes to a large set of South Australian statutes so that police, courts, corrections and community‑supervision officers from participating jurisdictions can act in or with respect to persons who have a connection to a cross‑border region. Key statutory changes appear across the Bail Act 1985, Correctional Services Act 1982, Criminal Procedure Act 1921, Evidence Act 1929, Sentencing Act 2017, Young Offenders Act 1993, Police Act 1998, Magistrates Act 1983 and others (Part 4, Divisions 2–20).\n\n- Enable officers and institutions of other participating jurisdictions to be treated, for particular purposes, as if they were South Australian officers or institutions (for example: police stations, prisons, community corrections officers and juvenile justice officers in another participating jurisdiction are expressly included where the parent Acts refer to those institutions or roles) (r.10(1)–(2); r.16; r.40; multiple other amendments).\n\n- Allow South Australian courts to recognise and process cross‑border proceedings and to receive evidence or submissions from persons physically outside the courtroom but in a participating jurisdiction by audio‑visual or audio link (r.25–26; r.21). They also allow a police officer from another participating jurisdiction to appear for the prosecuting authority in appropriate cross‑border cases (r.21).\n\n- Provide for bail, guarantees, and supervision rules to operate across the region (including that parts of the cross‑border region lying in WA or NT are for some purposes treated as if they were part of South Australia when setting leave conditions) (r.12–15).\n\n- Deal with custody and prison placement in another participating jurisdiction, including the Minister’s power to place people under the custody, supervision and care of persons (or prisons) in another participating jurisdiction with specified consent requirements (r.19(1)–(6); r.35–37).\n\n- Provide mechanisms for restraining orders and their enforcement across borders, including (i) registration of a foreign restraining order made in a cross‑border proceeding (r.23), (ii) mandatory notification to other jurisdictions when a protected person requests it (r.24, s.99HA), and (iii) a short‑term enabling power for police in South Australia to treat an unregistered foreign restraining order as if registered for 72 hours after a written declaration (r.24, s.99HB).\n\n- Allow community service hours and non‑custodial orders to be coordinated so community service performed under interstate orders can count towards State orders (or the court can require additional hours) (r.41–42; r.27).\n\n- Create the office of “cross‑border magistrate” — a magistrate from another participating jurisdiction may be appointed to sit and exercise the same functions, protections and immunities as local magistrates for a specified period and subject to conditions; their conditions of service remain those provided under their home jurisdiction’s law (r.28, s.5A).\n\n- Repeal the earlier 2009 Cross‑border Justice Regulations and replace them with this comprehensive regulatory package (Schedule 2).\n\n**Who is affected**\n\n- People who live, work or are arrested in the WA/SA/NT cross‑border region: their arrests, bail, custody, court appearances, sentences and community supervision may be handled under cross‑border rules (r.4; Part 3; Part 4 Divs 2–20).\n\n- Police officers, registrars and court officials in South Australia and the participating jurisdictions: the regulations alter where officers may be stationed, who can exercise prosecutorial functions, and how registries must notify and register orders (r.4; r.21; r.23–24).\n\n- Corrections and community‑supervision staff: custody, transfer and supervision functions can be shared across jurisdictions and local officers may supervise persons subject to orders from another participating jurisdiction (r.16; r.19; r.35–37; r.43).\n\n- Magistrates and judiciary: visiting or cross‑appointed magistrates can sit in the State (s.5A), and courts may accept audiovisual evidence and treat other‑jurisdiction institutions as equivalent for specified purposes (r.25–26; r.28).\n\n- Victims and protected persons subject to restraining orders: they can ask that orders made in a South Australian cross‑border proceeding be notified to WA or NT registries; police can, in limited circumstances, act on unregistered foreign orders for 72 hours (r.24 s.99HA–99HB).\n\n**Why it matters (stated purpose, then tested against costs, incentives and implementation risks)**\n\nStated purpose (as implemented mechanically): to give effect to the Cross‑border Justice Act by prescribing a cross‑border region and the specific modifications needed to enable South Australian law and enforcement to operate seamlessly with Western Australia and the Northern Territory in that region (see Part 2 and Part 4 generally). The regulations replace and update the earlier 2009 regulations (Schedule 2).\n\nPractical effects, costs and incentives:\n- Administrative and operational burden: Registrars must register and notify cross‑border restraining orders (s.99H, s.99HA) and police must prepare written declarations enabling short‑term enforcement of unregistered foreign restraining orders (s.99HB). Courts and corrections will need updated processes for concurrent sentencing, counting interstate community service hours and for supervising persons whose orders cross jurisdictions (ss.44A, 105A, r.27). These are recurring administrative costs for court registries, police command, corrections and community corrections units.\n\n- Resource allocation and who pays: the State will incur implementation costs (training, information systems, communications and transport for transfers). Some specific cost arrangements are affected: conditions of service and remuneration for cross‑border magistrates remain those provided by their home jurisdiction (s.5A(5)), which shifts pay/entitlement determination to the magistrate’s originating jurisdiction for those individuals. Transfers of prisoners to or from other jurisdictions are subject to consent and procedural constraints that may influence who bears transport or custody costs in practice (r.19(6); r.35–37).\n\n- Incentives and behaviour changes: courts are given default rules that sentences imposed in cross‑border proceedings will run concurrently with existing interstate sentences unless the court orders otherwise (s.44A). That creates an incentive for courts to explicitly state commencement if they want cumulative time. Community corrections officers in one jurisdiction can be relied upon to supervise persons sentenced in another jurisdiction (r.5, r.40), which economises on duplication but increases reliance on other jurisdictions’ compliance and practice standards.\n\n- Delegation, discretion and consent: ministers and parole boards have express delegation and delegation can be revoked at will (r.19(4)–(5)), and the Minister cannot place persons in another jurisdiction without specified consent from the relevant mental health CEO (r.19(6)). Those provisions concentrate operational discretion in executive officers and require inter‑governmental consent for some placements — this creates lock‑in points where transfer cannot happen without counterpart sign‑off.\n\n- Risk of operational mismatch and legal uncertainty: statutes are modified to treat institutions and officers of other jurisdictions as equivalent for defined purposes (e.g. police stations, prisons, community corrections officers). In practice, operational, procedural and rights protections differ between jurisdictions; the regulations rely on those equivalencies but do not harmonise underlying substantive laws. That can create uncertainty for practitioners and people affected by orders (see multiple amendments in Part 4).\n\n- Time‑limited enforcement and evidentiary issues: the 72‑hour written declaration mechanism (s.99HB) allows swift police action in urgent cases but depends on reasonable belief and written justification, and is limited in time — creating a short window to secure registration or other formal measures, and placing a compliance burden on police and registrars.\n\n**Who decides and who pays — plain statements**\n- Who decides: judicial officers and registrars decide court processes; the Minister and Parole Board retain supervision and transfer powers (r.19); the Commissioner of Police retains appointment powers for special constables (r.32) and police have short‑term enforcement discretion under the declared belief mechanism (s.99HB).\n- Who pays: the State and participating jurisdictions will incur administrative and operational costs (registries, police, corrections). Cross‑border magistrates’ remuneration/conditions are those fixed by their home jurisdiction (s.5A(5)), so the originating jurisdiction sets those terms for the appointed magistrate.\n\n**Key operational flags and implementation risks**\n- Significant system integration required: court registries, police communications and corrections records must be aligned to track offences, orders, registrations and community service hours across jurisdictions.\n- Consent bottlenecks for placements: transfers to prisons or mental health facilities in another jurisdiction require consent from that jurisdiction’s mental health CEO in some cases (r.19(6)), which may delay or prevent placements.\n- Training and standardisation needs: police and corrections staff must be trained on when to treat out‑of‑state facilities and officers as equivalent and on the 72‑hour declaration process (s.99HB).\n\n**Representative provisions to consult for details**\n- Region definition and map: r.4 and Schedule 1.\n- Cross‑border magistrates: r.28 (s.5A).\n- Custody and transfer to other jurisdiction: r.19 (substituted s.269V); r.35–37.\n- Restraining orders and short‑term enforcement: r.23; r.24 (ss.99HA–99HB).\n- Concurrency of sentences and community service counting: r.41 (s.44A) and r.42 (s.105A).\n\n(References above refer to the regulation numbers and inserted or substituted sections in the Cross‑border Justice Regulations 2024.)"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislation content was inaccessible due to a broken URL returning a 404 Page Not Found error. No comparison between original intent and final form is possible."},"complexity_factors":["No substantive legislative text was retrievable — complexity cannot be meaningfully assessed","Cross-border justice frameworks are inherently multi-jurisdictional and can be complex in practice, but this cannot be confirmed from the available content","Score reflects minimum baseline due to total absence of analysable content"],"plain_english_summary":"The Cross-border Justice Regulations 2024 are South Australian subordinate legislation about how courts, police and corrections may operate across state/territory lines. They matter especially in border and remote communities where jurisdiction and enforcement overlap.\n\nIf you live, work, or hold court orders near an SA border, these rules affect which state's laws and officers have authority over you."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of facilitating cross-border justice administration between South Australia, Western Australia and the Northern Territory. While it modifies many Acts, these are all technical amendments necessary to implement the underlying Cross-border Justice Act 2009 framework. The scope has not expanded beyond enabling operational cooperation in the defined border region."},"complexity_factors":["Extensive cross-referencing: modifies 20 separate Acts and Regulations, requiring readers to understand the original legislation and how these changes alter it","Nested conditional logic: multiple provisions apply only if specific jurisdictional conditions are met (e.g., 'if the jurisdiction is Western Australia... if the jurisdiction is the Northern Territory')","Dual operation provisions: many sections create parallel systems where SA law operates differently depending on whether someone is in a 'participating jurisdiction'","Defined terms with layered meanings: terms like 'community corrections officer' and 'juvenile justice officer' have different definitions depending on which state is involved","Geographic precision: Schedule 1 contains 18 coordinate points with exact longitude/latitude references to GDA94 datum","Interplay between multiple statutes: requires understanding relationships between Cross-border Justice Act 2009, Prisoners (Interstate Transfer) Act 1982, and various modified Acts","Substitution amendments: uses strike-through and underline formatting to indicate textual changes, making it hard to read the final version without reconstructing it","Exception provisions: numerous 'to avoid doubt' clauses and exclusions (e.g., Division does not apply to cross-border prisoners, Parts 3-5 don't apply to cross-border magistrates)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations make practical changes to South Australian laws so that the justice system can work smoothly across state borders with Western Australia and the Northern Territory. They replace the 2009 regulations and update how courts, police, prisons, and community corrections operate in the \"WA/SA/NT region\" — a specific cross-border area defined by precise coordinates.\n\n**Who it affects:**\n\n- **People living or offending near the borders** — especially those in remote communities where the nearest court or police station might be in another state\n- **Police officers** — who can now exercise powers and make arrests across borders in the defined region\n- **Courts and judicial officers** — including magistrates who can be appointed from other states to hear cases\n- **Prisoners and offenders** — including those serving sentences, on bail, or doing community service\n- **Victims of crime** — particularly regarding restraining orders that can now be enforced across borders\n\n**Key changes:**\n\n- **Bail and arrest**: Police from WA or NT can act as bail authorities and take bail agreements in SA, and vice versa\n- **Courts**: Magistrates from other states can be appointed to SA courts; courts can use video links for people in other jurisdictions\n- **Prisons and detention**: Prisoners can be held in facilities across borders; sentences can run concurrently with interstate sentences\n- **Community corrections**: Offenders supervised by officers from other states; community service hours can count across jurisdictions\n- **Restraining orders**: Can be registered and enforced across borders, with emergency 72-hour powers for unregistered orders\n- **Fines**: Community service done in one state can reduce fines in another\n- **Youth justice**: Juvenile justice officers from other states have powers in SA; young offenders can be held in facilities across borders\n\n**Why it matters:**\n\nRemote border communities often face practical problems — the nearest police station might be 500km away in another state, or the nearest court might be across a border. These regulations fix that by treating the border region as a single operational zone for justice purposes. This means faster justice, less travel for prisoners and police, and consistent treatment of offenders regardless of which side of an invisible line they happen to be on."}},"importantCases":[],"_links":{"self":"/api/acts/cross-border-justice-regulations-2024","history":"/api/acts/cross-border-justice-regulations-2024/history","analysis":"/api/acts/cross-border-justice-regulations-2024/analysis","conflicts":"/api/acts/cross-border-justice-regulations-2024/conflicts","importantCases":"/api/acts/cross-border-justice-regulations-2024/important-cases","documents":"/api/acts/cross-border-justice-regulations-2024/documents"}}