{"id":"nt:crossborder-justice-regulations-2009","name":"CROSS-BORDER JUSTICE REGULATIONS 2009","slug":"nt-cross-border-justice-regulations-2009","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":349705,"registerId":"nt-crossborder-justice-regulations-2009-current","compilationNumber":null,"startDate":"2026-04-09","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CROSS-BORDER JUSTICE REGULATIONS 2009","content":"NORTHERN TERRITORY OF AUSTRALIA\nCROSS-BORDER JUSTICE REGULATIONS 2009\nAs in force at 25 March 2024\nTable of provisions\nPart 1 Preliminary matters\n1 Citation ............................................................................................ 1\n2 Commencement .............................................................................. 1\nPart 2 Cross-border region\n3 NT/SA/WA region ............................................................................ 1\nPart 3 Modifications of laws of the Territory\nDivision 1 Interpretation\n4 Terms used in modifications ............................................................ 2\nDivision 3 Bail Act 1982\n7 Act modified ..................................................................................... 2\n8 Modification of section 3 (Interpretation) .......................................... 2\n9 Modification of section 16 (Authority for police to grant bail) ........... 3\n10 Modification of section 20 (Power of Local Court to grant bail) ........ 3\n11 Modification of section 26 (Persons to whom bail undertaking\nmay be given) .................................................................................. 4\n12 Modification of section 33 (Review) ................................................. 4\nDivision 4 Child Protection (Offender Reporting and\nRegistration) Act 2004\n13 Act modified ..................................................................................... 4\n14 Modification of sections 15, 19, 52 and 55....................................... 4\nDivision 4A Correctional Services Act 2014\n14A Act modified ..................................................................................... 5\n14B Modification of section 4 (Definitions) .............................................. 5\n14C Modification of section 8 (Committal or remand into the\ncustody of the Commissioner) ......................................................... 5\nDivision 5 Director of Public Prosecutions Act 1990\n15 Act modified ..................................................................................... 5\n16 Modification of section 22 (Appearance by Director) ....................... 5\n\nCross-border Justice Regulations 2009 ii\nDivision 6 Domestic and Family Violence Act 2007\n17 Act modified ..................................................................................... 6\n18 New section 91A.............................................................................. 6\n91A Notification of DVO made in cross-border proceeding\n19 Modification of section 93 (Application for registration) ................... 6\nDivision 7 Evidence Act 1939\n20 Act modified ..................................................................................... 7\n21 Modification of section 49P (Territory entities may take\nevidence and submissions from outside Territory) .......................... 7\nDivision 8 Local Court (Criminal Procedure) Act 1928\n22 Act modified ..................................................................................... 7\n23 Modification of section 20 (Form of warrant).................................... 8\nDivision 9 Local Court Act 2015\n26 Act modified ..................................................................................... 8\n26A Modification of section 6 (Constitution of Court) .............................. 8\n27 New Part 5, Division 1, Subdivision 3 .............................................. 8\nSubdivision 3 Cross-border Judges\n59B Appointment of cross-border Judges\nDivision 10 Mental Health and Related Services Act 1998\n29 Act modified ..................................................................................... 9\n30 New section 13A.............................................................................. 9\n13A Definition\n31 Modification of section 38 (Examination at approved treatment\nfacility) ........................................................................................... 10\n32 New section 38A............................................................................ 10\n38A Definitions\n33 New section 41A............................................................................ 11\n41A Definitions\n34 New Part 10, Division 1A ............................................................... 12\nDivision 1A Definitions\n73AA Definitions\n35 Modification of section 74 (Pre-assessment advice) ...................... 13\n36 Modification of section 74A (Assessment order and report) .......... 13\nDivision 10A Personal Violence Restraining Orders\nAct 2016\n36A Act modified ................................................................................... 13\n\nCross-border Justice Regulations 2009 iii\n36B New section 14A............................................................................ 14\n14A Notice of order made in cross-border proceeding\nDivision 11 Police Administration Act 1978\n37 Act modified ................................................................................... 14\n38 Modification of section 4 (Interpretation) ........................................ 14\n39 Modification of section 125 (Power to arrest interstate\noffenders) ...................................................................................... 15\n40 Modification of section 132 (Continued detention of person\ntaken into custody under section 128) ........................................... 15\n41 New section 143A.......................................................................... 15\n143A References to rank\n43 Modification of section 147G (Definitions) ..................................... 16\nDivision 13 Prisoners (Interstate Transfer) Act 1983\n46 Act modified ................................................................................... 16\n47 New section 4A.............................................................................. 16\n4A Relationship with cross-border laws\n48 New section 5AA ........................................................................... 17\n5AA Application of this Part to Territory prisoners imprisoned in\nanother participating jurisdiction\n49 New section 7A.............................................................................. 17\n7A Effect of orders under this Part on persons imprisoned under law\nof another participating jurisdiction\nDivision 14 Sentencing Act 1995\n50 Act modified ................................................................................... 18\n51 Modification of section 3 (Interpretation) ........................................ 18\n52 New section 36A............................................................................ 19\n36A Hours of community service under non-custodial orders made in\ncross-border proceedings\n53 New section 51A............................................................................ 20\n51A Commencement of sentences imposed in cross-border\nproceedings\n54 Modification of section 64 (Further sentence if person on\nparole) ........................................................................................... 21\n55 Modification of section 78P (Interpretation) ................................... 21\n78P Interpretation\n56 Modification of section 108 (Time and place of sentence) ............. 22\nDivision 15 Traffic Act 1987\n57 Act modified ................................................................................... 22\n58 Modification of section 3 (Interpretation) ........................................ 22\n60 Modification of 29AAK (Taking of sample of blood) ....................... 23\n\nCross-border Justice Regulations 2009 iv\nDivision 16 Youth Justice Act 2005\n61 Act modified ................................................................................... 23\n62 Modification of section 5 (Interpretation) ........................................ 24\n64 Modification of section 39 (Diversion of youth) .............................. 24\n65 Modification of section 52 (Jurisdiction of Youth Justice Court) ..... 24\n66 Modification of section 107 (Breath analysis) ................................ 25\n66A Modification of section 140AA (Community youth justice\nofficers) .......................................................................................... 25\nPart 4 Miscellaneous matters\n67 Authorised officers ......................................................................... 25\n68 Custodial orders – recommendation about place of custody ......... 25\n69 Application of Youth Justice Act 2005 ........................................... 26\n70 Calculation of reduction in amount of fines .................................... 26\nPart 5 Transitional matters for Local Court\n(Repeals and Related Amendments) Act\n2016\n71 Continuation of appointment of cross-border magistrate ............... 26\nSchedule NT/SA/WA region\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 25 March 2024\n____________________\nCROSS-BORDER JUSTICE REGULATIONS 2009\nRegulations under the Cross-border Justice Act 2009\nPart 1 Preliminary matters\n1 Citation\nThese Regulations may be cited as the Cross-border Justice\nRegulations 2009.\n2 Commencement\n(1) Part 3, Division 16 and regulation 69 commence on\n1 December 2009.\n(2) The remaining provisions of these Regulations commence on\n1 November 2009.\nPart 2 Cross-border region\n3 NT/SA/WA region\n(1) The NT/SA/WA region is a cross-border region that:\n(a) straddles the borders between the Territory, South Australia\nand Western Australia; and\n(b) is described in the Schedule, Part 1.\n(2) The map in Schedule 1, Part 2 indicates the areas in the NT/SA/WA\nregion in which police officers of participating jurisdictions may be\nstationed or carry out duties.\n\nPart 3 Modifications of laws of the Territory\nDivision 3 Bail Act 1982\nCross-border Justice Regulations 2009 2\nPart 3 Modifications of laws of the Territory\nDivision 1 Interpretation\n4 Terms used in modifications\nA term defined in section 7 of the Act has the same meaning in a\nmodification prescribed by these Regulations.\nDivision 3 Bail Act 1982\n7 Act modified\nThis Division prescribes modifications to the Bail Act 1982.\n8 Modification of section 3 (Interpretation)\n(1) Section 3(1), definition authorised member\nomit\n(2) Section 3(1)\ninsert (in alphabetical order)\naudio link means facilities (including telephone) that enable, at the\nsame time, a person at one place to hear another person at another\nplace and vice versa.\nauthorised member means:\n(a) a police officer who:\n(i) holds the rank of Sergeant or a higher rank; or\n(ii) is for the time being in charge of a police station in the\nTerritory; or\n(b) a police officer of another participating jurisdiction:\n(i) who:\n(A) holds the rank of Sergeant or a higher rank; or\n(B) is for the time being in charge of a police station in\nthe participating jurisdiction; and\n(ii) who holds a secondary office as a police officer of the\nTerritory.\n\nPart 3 Modifications of laws of the Territory\nDivision 3 Bail Act 1982\nCross-border Justice Regulations 2009 3\ndeputy sheriff means a person holding or occupying the office of:\n(a) deputy sheriff mentioned in section 5(1)(b) of the Sheriff\nAct 1962; or\n(b) deputy sheriff established by section 6(1) of the Sheriff's\nAct 1978 (SA); or\n(c) deputy mentioned in section 158(1) of the Supreme Court\nAct 1935 (WA).\nofficer in charge, of a prison, means:\n(a) for a prison in the Territory – the General Manager as defined\nin section 10 of the Correctional Services Act 2014; or\n(b) for a prison in SA – the manager as defined in section 4(1) of\nthe Correctional Services Act 1982 (SA); or\n(c) for a prison in WA – a superintendent as defined in\nsection 3(1) of the Prisons Act 1981 (WA).\nsheriff means the person holding or occupying the office of sheriff:\n(a) mentioned in section 5(1)(a) of the Sheriff Act; or\n(b) established by section 5(1) of the Sheriff's Act 1978 (SA); or\n(c) established by section 156(1) of the Supreme Court\nAct 1935 (WA).\nvideo link means facilities (including closed circuit television) that\nenable, at the same time, a person at one place to see and hear\nanother person at another place and vice versa.\n9 Modification of section 16 (Authority for police to grant bail)\nSection 16(5)\nomit\n10 Modification of section 20 (Power of Local Court to grant bail)\nSection 20(2)\nomit\ntelephone\n\nPart 3 Modifications of laws of the Territory\nDivision 4 Child Protection (Offender Reporting and Registration) Act 2004\nCross-border Justice Regulations 2009 4\nsubstitute\naudio or video link\n11 Modification of section 26 (Persons to whom bail undertaking\nmay be given)\nSection 26(e)\nomit\nall the words from \"within\" to \"Act\".\n12 Modification of section 33 (Review)\nSection 33(4)\nomit\ntelephone, telex, radio\nsubstitute\naudio or video link, telex\nDivision 4 Child Protection (Offender Reporting and\nRegistration) Act 2004\n13 Act modified\nThis Division prescribes modifications to the Child Protection\n(Offender Reporting and Registration) Act 2004.\n14 Modification of sections 15, 19, 52 and 55\nSections 15(1)(b), (2)(b) and (3)(b), 19(4), 52(2)(b) and 55(1)(a)\nomit\ncustody in the Territory\nsubstitute\ncustody in the Territory or government custody in a participating\njurisdiction under a law of the Territory\n\nPart 3 Modifications of laws of the Territory\nDivision 5 Director of Public Prosecutions Act 1990\nCross-border Justice Regulations 2009 5\nDivision 4A Correctional Services Act 2014\n14A Act modified\nThis Division prescribes modifications to the Correctional Services\nAct 2014.\n14B Modification of section 4 (Definitions)\nSection 4, definition probation and parole officer\nomit, insert\nprobation and parole officer means:\n(a) a person appointed as a probation and parole officer under\nsection 25(1); or\n(b) a community corrections officer of another participating\njurisdiction.\n14C Modification of section 8 (Committal or remand into the\ncustody of the Commissioner)\nAfter section 8(2)\ninsert\n(3) A person is committed or remanded into the custody of the\nCommissioner if a custodial order of a participating jurisdiction is\nin force in relation to the person.\nDivision 5 Director of Public Prosecutions Act 1990\n15 Act modified\nThis Division prescribes modifications to the Director of Public\nProsecutions Act 1990.\n16 Modification of section 22 (Appearance by Director)\nSection 22(b)\nomit, substitute\n(b) where the proceedings are cross-border proceedings in the\nLocal Court or Youth Justice Court, by:\n(i) a legal practitioner; or\n(ii) a police officer; or\n\nPart 3 Modifications of laws of the Territory\nDivision 6 Domestic and Family Violence Act 2007\nCross-border Justice Regulations 2009 6\n(iii) a police officer of another participating jurisdiction, but\nonly if the person who is the subject of the proceeding\nhas a connection with a cross-border region that is partly\nin the other jurisdiction.\nDivision 6 Domestic and Family Violence Act 2007\n17 Act modified\nThis Division prescribes modifications to the Domestic and Family\nViolence Act 2007.\n18 New section 91A\nAfter section 91\ninsert\n91A Notification of DVO made in cross-border proceeding\n(1) This section applies in relation to a DVO made by a prescribed\ncourt of the Territory if:\n(a) the DVO is made or varied in a cross-border proceeding for\nthe purposes of which the defendant has a connection with a\ncross-border region; and\n(b) the protected person indicates at the time the DVO is made or\nvaried that the person wants the DVO as made or varied to be\nregistered under the restraining orders laws of another\nparticipating jurisdiction; and\n(c) the region is partly in the other jurisdiction.\n(2) A clerk must give a copy of the DVO as made or varied to :\n(a) if the other jurisdiction is South Australia – the Principal\nRegistrar of the Magistrates Court of South Australia; or\n(b) if the other jurisdiction is Western Australia – the registrar of\nthe Magistrates Court of Western Australia.\n19 Modification of section 93 (Application for registration)\nAfter section 93(2)\ninsert\n(3) If a clerk receives from a registrar of a prescribed court of another\nparticipating jurisdiction a copy of an external order as made or\n\nPart 3 Modifications of laws of the Territory\nDivision 8 Local Court (Criminal Procedure) Act 1928\nCross-border Justice Regulations 2009 7\nvaried in a cross-border proceeding of that court, the registrar of the\nprescribed court is taken to have made an application for\nregistration of the order on behalf of the protected person named in\nthe order, unless the order as made or previously varied is already\nregistered under this Part.\nDivision 7 Evidence Act 1939\n20 Act modified\nThis Division prescribes modifications to the Evidence Act 1939.\n21 Modification of section 49P (Territory entities may take\nevidence and submissions from outside Territory)\n(1) After section 49P(3)\ninsert\n(3A) If the proceeding is a cross-border proceeding of a prescribed court\nof the Territory, for the purpose of taking evidence or receiving a\nsubmission by audiovisual link or audio link from a place in a\nparticipating jurisdiction in accordance with such a direction, the\nplace is taken to be part of the entity.\n(2) Section 49P(4)\nomit\nThe entity\nsubstitute\nIf subsection (3A) does not apply, the entity\nDivision 8 Local Court (Criminal Procedure) Act 1928\n22 Act modified\nThis Division prescribes modifications to the Local Court (Criminal\nProcedure) Act 1928.\n\nPart 3 Modifications of laws of the Territory\nDivision 9 Local Court Act 2015\nCross-border Justice Regulations 2009 8\n23 Modification of section 20 (Form of warrant)\nSection 20(4)\nomit, substitute\n(4) Every warrant may be executed by apprehending the defendant at\nany place:\n(a) within the Territory; or\n(b) if the defendant has a connection with a cross-border region –\nwithin a participating jurisdiction.\nDivision 9 Local Court Act 2015\n26 Act modified\nThis Division prescribes modifications to the Local Court Act 2015.\n26A Modification of section 6 (Constitution of Court)\nAfter section 6(5)\ninsert\n(6) However, for exercising its cross-border jurisdiction the Court must\nbe constituted by a Judge.\n27 New Part 5, Division 1, Subdivision 3\nAfter section 59A\ninsert\nSubdivision 3 Cross-border Judges\n59B Appointment of cross-border Judges\n(1) If the Administrator is of the opinion that it is necessary to do so to\nfacilitate the administration of justice in a cross-border region, the\nAdministrator may appoint a magistrate of another participating\njurisdiction to be a cross-border Judge.\n(2) The instrument of appointment must specify:\n(a) the period of the appointment; and\n(b) any conditions of the appointment.\n\nPart 3 Modifications of laws of the Territory\nDivision 10 Mental Health and Related Services Act 1998\nCross-border Justice Regulations 2009 9\n(3) The Administrator may vary a matter specified in the instrument of\nappointment except the period of appointment.\n(4) The conditions of service (including remuneration) of a cross-border\nJudge are those that the cross-border Judge is entitled to as a\nmagistrate of the other participating jurisdiction.\n(5) A cross-border Judge ceases to be a cross-border Judge if the\ncross-border Judge ceases to be a magistrate of the other\nparticipating jurisdiction.\n(6) A reference in this Act, other than sections 50, 53, 54, 55, 59 , 59A\nand 66, or in any other Act to a Judge (however appointed) includes\na reference to a cross-border Judge.\n(7) In this section:\nmagistrate, of another participating jurisdiction, does not include a\nperson who holds the office of magistrate of the other jurisdiction as\na secondary office holder.\nNote for section 59B\nA cross-border Judge is not required to take an oath of office under section 65 of\nthe Local Court Act 2015.\nDivision 10 Mental Health and Related Services Act 1998\n29 Act modified\nThis Division prescribes modifications to the Mental Health and\nRelated Services Act 1998.\n30 New section 13A\nAfter section 13, in Part 3\ninsert\n13A Definition\nIn this Part:\napproved treatment facility means:\n(a) a place or premises or a part of a place or premises declared\nunder section 20(1)(a); or\n(b) an approved treatment centre as defined in section 3 of the\nMental Health Act 2009 (SA); or\n\nPart 3 Modifications of laws of the Territory\nDivision 10 Mental Health and Related Services Act 1998\nCross-border Justice Regulations 2009 10\n(c) an authorised hospital as defined in section 4 of the Mental\nHealth Act 2014 (WA).\n31 Modification of section 38 (Examination at approved treatment\nfacility)\nAfter section 38(3)\ninsert\n(4) In this section:\napproved treatment facility means:\n(a) a place or premises or a part of a place or premises declared\nunder section 20(1)(a); or\n(b) an approved treatment centre as defined in section 3 of the\nMental Health Act 2009 (SA); or\n(c) an authorised hospital as defined in section 4 of the Mental\nHealth Act 2014 (WA).\nauthorised psychiatric practitioner means:\n(a) a person appointed as an authorised psychiatric practitioner\nunder section 22; or\n(b) a psychiatrist as defined in section 3 of the Mental Health\nAct 2009 (SA); or\n(c) a psychiatrist as defined in section 4 of the Mental Health\nAct 2014 (WA).\n32 New section 38A\nBefore section 39, in Part 6, Division 2\ninsert\n38A Definitions\nIn this Division:\napproved treatment facility means:\n(a) a place or premises or a part of a place or premises declared\nunder section 20(1)(a); or\n(b) an approved treatment centre as defined in section 3 of the\nMental Health Act 2009 (SA); or\n\nPart 3 Modifications of laws of the Territory\nDivision 10 Mental Health and Related Services Act 1998\nCross-border Justice Regulations 2009 11\n(c) an authorised hospital as defined in section 4 of the Mental\nHealth Act 2014 (WA).\nauthorised psychiatric practitioner means:\n(a) a person appointed as an authorised psychiatric practitioner\nunder section 22; or\n(b) a psychiatrist as defined in section 3 of the Mental Health\nAct 2009 (SA); or\n(c) a psychiatrist as defined in section 4 of the Mental Health\nAct 2014 (WA).\n33 New section 41A\nBefore section 42, in Part 6, Division 3\ninsert\n41A Definitions\nIn this Division:\napproved treatment facility means:\n(a) a place or premises or a part of a place or premises declared\nunder section 20(1)(a); or\n(b) an approved treatment centre as defined in section 3 of the\nMental Health Act 2009 (SA); or\n(c) an authorised hospital as defined in section 4 of the Mental\nHealth Act 2014 (WA).\nauthorised psychiatric practitioner means:\n(a) a person appointed as an authorised psychiatric practitioner\nunder section 22; or\n(b) a psychiatrist as defined in section 3 of the Mental Health\nAct 2009 (SA); or\n(c) a psychiatrist as defined in section 4 of the Mental Health\nAct 2014 (WA).\n\nPart 3 Modifications of laws of the Territory\nDivision 10 Mental Health and Related Services Act 1998\nCross-border Justice Regulations 2009 12\n34 New Part 10, Division 1A\nBefore Part 10, Division 1\ninsert\nDivision 1A Definitions\n73AA Definitions\nIn this Part:\napproved temporary treatment facility means:\n(a) a place or premises or a part of a place or premises declared\nunder section 20(1)(b); or\n(b) an approved treatment centre as defined in section 3 of the\nMental Health Act 2009 (SA); or\n(c) an authorised hospital as defined in section 4 of the Mental\nHealth Act 2014 (WA).\napproved treatment facility means:\n(a) a place or premises or a part of a place or premises declared\nunder section 20(1)(a); or\n(b) an approved treatment centre as defined in section 3 of the\nMental Health Act 2009 (SA); or\n(c) an authorised hospital as defined in section 4 of the Mental\nHealth Act 2014 (WA).\nauthorised psychiatric practitioner means:\n(a) a person appointed as an authorised psychiatric practitioner\nunder section 22; or\n(b) a psychiatrist as defined in section 3 of the Mental Health\nAct 2009 (SA); or\n(c) a psychiatrist as defined in section 4 of the Mental Health\nAct 2014 (WA).\ndesignated mental health practitioner means:\n(a) a person appointed to be a designated mental health\npractitioner under section 23; or\n\nPart 3 Modifications of laws of the Territory\nDivision 10A Personal Violence Restraining Orders Act 2016\nCross-border Justice Regulations 2009 13\n(b) an authorised mental health practitioner as defined in\nsection 4 of the Mental Health Act 2014 (WA).\noutpatient assessment means an assessment (whether in the\nTerritory or a participating jurisdiction) that is not carried out at an\napproved treatment facility or approved temporary treatment facility.\nperson-in-charge, of an approved treatment facility or approved\ntemporary treatment facility, means:\n(a) for a facility in the Territory – a person appointed as the\nperson-in-charge of the facility under section 21(1) or the\nperson otherwise in charge of the facility; or\n(b) for a facility in South Australia – the director of the facility; or\n(c) for a facility in Western Australia – the person in charge of the\nfacility.\npractitioner means an authorised psychiatric practitioner, medical\npractitioner or designated mental health practitioner.\n35 Modification of section 74 (Pre-assessment advice)\nSection 74(4)\nomit\n36 Modification of section 74A (Assessment order and report)\nSection 74A(9)\nomit\nDivision 10A Personal Violence Restraining Orders Act 2016\n36A Act modified\nThis Division prescribes modifications to the Personal Violence\nRestraining Orders Act 2016.\n\nPart 3 Modifications of laws of the Territory\nDivision 11 Police Administration Act 1978\nCross-border Justice Regulations 2009 14\n36B New section 14A\nAfter section 14\ninsert\n14A Notice of order made in cross-border proceeding\n(1) This section applies in relation to a personal violence restraining\norder made by a prescribed court of the Territory if:\n(a) the order is made or varied in a cross-border proceeding for\nthe purposes of which the defendant has a connection with a\ncross-border region; and\n(b) the protected person indicates at the time the order is made or\nvaried that the person wants the order as made or varied to be\nregistered under the restraining orders laws of another\nparticipating jurisdiction; and\n(c) the region is partly in the other jurisdiction.\n(2) A registrar must give a copy of the order as made or varied to:\n(a) if the other jurisdiction is South Australia – the Principal\nRegistrar of the Magistrates Court of South Australia; or\n(b) if the other jurisdiction is Western Australia – the registrar of\nthe Magistrates Court of Western Australia.\nDivision 11 Police Administration Act 1978\n37 Act modified\nThis Division prescribes modifications to the Police Administration\nAct 1978.\n38 Modification of section 4 (Interpretation)\nsection 4(1)\ninsert (in alphabetical order)\njustice of the peace includes a Local Court Judge of the Territory\nin another participating jurisdiction.\n\nPart 3 Modifications of laws of the Territory\nDivision 11 Police Administration Act 1978\nCross-border Justice Regulations 2009 15\n39 Modification of section 125 (Power to arrest interstate\noffenders)\nAfter section 125(3)\ninsert\n(4) To avoid doubt, a proceeding under this section in respect of an\noffence to which this section applies is only a cross-border offence\nif:\n(a) the offence is an offence under the law of another participating\njurisdiction; and\n(b) the person arrested for the offence has a connection with a\ncross-border region that is partly in the other jurisdiction.\n40 Modification of section 132 (Continued detention of person\ntaken into custody under section 128)\nSection 132(1)\ninsert (in alphabetical order)\nmember of the Police Force of or above the rank of\nsuperintendent includes a police officer of another participating\njurisdiction who holds:\n(a) the rank of superintendent or a higher rank; and\n(b) a secondary office as a police officer of the Territory.\n41 New section 143A\nBefore section 144, in Part VII, Division 7\ninsert\n143A References to rank\nIn this Division, a reference to a member of the Police Force\nholding a particular rank or a higher rank includes a reference to a\npolice officer of another participating jurisdiction who holds:\n(a) the rank or a higher rank; and\n(b) a secondary office as a police officer of the Territory.\n\nPart 3 Modifications of laws of the Territory\nDivision 13 Prisoners (Interstate Transfer) Act 1983\nCross-border Justice Regulations 2009 16\n43 Modification of section 147G (Definitions)\nSection 147G, definition senior member\nomit, substitute\nsenior member means:\n(a) a police officer who holds the rank of superintendent or a\nhigher rank; or\n(b) a police officer of another participating jurisdiction who holds:\n(i) the rank of superintendent or a higher rank; and\n(ii) a secondary office as a police officer of the Territory.\nDivision 13 Prisoners (Interstate Transfer) Act 1983\n46 Act modified\nThis Division prescribes modifications to the Prisoners (Interstate\nTransfer) Act 1983.\n47 New section 4A\nAfter section 4, in Part I\ninsert\n4A Relationship with cross-border laws\nThis Act does not apply in relation to the transfer from the Territory\nto another participating jurisdiction of a person who:\n(a) is serving a sentence of imprisonment in the Territory under a\nwarrant of commitment issued under:\n(i) the Cross-border Justice Act 2009; or\n(ii) the Cross-border Justice Act 2009 (SA); or\n(iii) the Cross-border Justice Act 2008 (WA); and\n(b) has a connection with a cross-border region that is partly in\nthe other jurisdiction.\n\nPart 3 Modifications of laws of the Territory\nDivision 13 Prisoners (Interstate Transfer) Act 1983\nCross-border Justice Regulations 2009 17\n48 New section 5AA\nBefore section 5, in Part II\ninsert\n5AA Application of this Part to Territory prisoners imprisoned in\nanother participating jurisdiction\nThis Division applies in relation to a person who is serving in\nanother participating jurisdiction a Territory sentence of\nimprisonment under a warrant of commitment issued under the\nCross-border Justice Act 2009 as if the person were a Territory\nprisoner serving a sentence of imprisonment in the Territory.\n49 New section 7A\nAfter section 7\ninsert\n7A Effect of orders under this Part on persons imprisoned under\nlaw of another participating jurisdiction\n(1) Subsection (3) applies in relation to a person who is serving in the\nTerritory:\n(a) a Territory sentence of imprisonment; and\n(b) a sentence of imprisonment under a warrant of commitment\nissued under:\n(i) the Cross-border Justice Act 2009 (SA); or\n(ii) the Cross-border Justice Act 2008 (WA).\n(2) Subsection (3) also applies in relation to a person who is serving in\nanother participating jurisdiction:\n(a) a Territory sentence of imprisonment under a warrant of\ncommitment issued under the Cross-border Justice Act 2009;\nand\n(b) a sentence of imprisonment under the law of another\nparticipating jurisdiction.\n\nPart 3 Modifications of laws of the Territory\nDivision 14 Sentencing Act 1995\nCross-border Justice Regulations 2009 18\n(3) An order of transfer issued under this Part (a Territory order) in\nrelation to a person mentioned in subsection (1) or (2) has no\neffect:\n(a) to the extent that, but for this subsection, it authorises or\nrequires the doing of an act or thing under this Act in relation\nto the person in the person’s capacity as a person on whom a\nsentence of imprisonment under the law of the jurisdiction\nmentioned in subsection (1)(b) or (2)(b) has been imposed;\nand\n(b) unless and until an order of transfer corresponding to the\nTerritory order is in force under the interstate law of that\njurisdiction.\nDivision 14 Sentencing Act 1995\n50 Act modified\nThis Division prescribes modifications to the Sentencing Act 1995.\n51 Modification of section 3 (Interpretation)\n(1) Section 3(1), definitions custodial correctional facility, hospital\nand probation and parole officer\nomit\n(2) Section 3(1)\ninsert (in alphabetical order)\ncustodial correctional facility means:\n(a) a custodial correctional facility as defined in section 11(1)(a) of\nthe Correctional Services Act 2014; or\n(b) a prison in another participating jurisdiction under its\ncross-border laws.\nhospital means:\n(a) a hospital as defined in section 5 of the Medical Services\nAct 1982; or\n(b) an incorporated hospital as defined in section 3(1) of the\nHealth Care Act 2008 (SA); or\n(c) a public hospital as defined in section 2(1) of the Private\nHospitals and Health Services Act 1927 (WA).\n\nPart 3 Modifications of laws of the Territory\nDivision 14 Sentencing Act 1995\nCross-border Justice Regulations 2009 19\nprobation and parole officer means:\n(a) a probation and parole officer as defined in section 4 of the\nCorrectional Services Act 2014; or\n(b) a community corrections officer of another participating\njurisdiction.\n52 New section 36A\nAfter section 36\ninsert\n36A Hours of community service under non-custodial orders made\nin cross-border proceedings\n(1) This section applies if an offender:\n(a) is convicted of one or more offences in a cross-border\nproceeding of a prescribed court of the Territory; and\n(b) the court makes a community correction order or intensive\ncommunity correction order for one or more of those offences\nunder which the offender is required to participate in an\napproved project.\n(2) If, at the time of conviction, the offender is performing or yet to\nperform community service under one or more non-custodial orders\nof another participating jurisdiction (the interstate orders), the\nhours of community service performed under the interstate orders\ncount as hours of participation in an approved project under each of\nthe community correction orders or intensive community correction\norders mentioned in subsection (1)(b) (the Territory orders) unless\nthe court specifies differently under subsection (3).\n(3) The court may specify that the number of hours of participation in\nan approved project to be performed under one or more of the\nTerritory orders is in addition to any community service the offender\nhas to perform under the interstate orders.\n(4) For subsection (3), an offender cannot do the additional hours of\nwork under a Territory order until the offender has done the hours\nof work under the interstate orders or the interstate orders have\nceased to be in force, whichever is earlier.\n\nPart 3 Modifications of laws of the Territory\nDivision 14 Sentencing Act 1995\nCross-border Justice Regulations 2009 20\n(5) To avoid doubt, section 36(2):\n(a) applies in relation to participation in an approved project under\na community correction order or intensive community\ncorrection order of the Territory; and\n(b) does not apply in relation to community service performed\nunder non-custodial orders of another participating jurisdiction.\n53 New section 51A\nAfter section 51\ninsert\n51A Commencement of sentences imposed in cross-border\nproceedings\n(1) This section applies if an offender:\n(a) is convicted of one or more offences in a cross-border\nproceeding of a prescribed court of the Territory; and\n(b) is sentenced to imprisonment for one or more of those\noffences.\n(2) If, at the time of conviction, the offender is serving or yet to serve\none or more sentences of imprisonment under the law of another\nparticipating jurisdiction (the interstate sentences), each of the\nsentences mentioned in subsection (1)(b) (the Territory\nsentences) must be served concurrently with the interstate\nsentences unless the court specifies differently under\nsubsection (3).\n(3) The court may specify when one or more of the Territory sentences\ncommences.\n(4) For subsection (3):\n(a) none of the Territory sentences can commence later than the\nend of the last interstate sentence to end; and\n(b) if a non-parole period applies in respect of any of the interstate\nsentences – the first Territory sentence to commence after the\nend of the non-parole period must commence immediately\nafter the end of that period.\n\nPart 3 Modifications of laws of the Territory\nDivision 14 Sentencing Act 1995\nCross-border Justice Regulations 2009 21\n54 Modification of section 64 (Further sentence if person on\nparole)\nSection 64(1)(a)\nomit\nthe Territory\nsubstitute\na participating jurisdiction\n55 Modification of section 78P (Interpretation)\nSection 78P\nomit, substitute\n78P Interpretation\n(1) In this Part:\napproved treatment facility means:\n(a) an approved treatment facility as defined in section 4 of the\nMental Health and Related Services Act 1998; or\n(b) an approved treatment centre as defined in section 3 of the\nMental Health Act 2009 (SA); or\n(c) an authorised hospital as defined in section 4 of the Mental\nHealth Act 2014 (WA).\nauthorised psychiatric practitioner means:\n(a) an authorised psychiatric practitioner as defined in section 4 of\nthe Mental Health and Related Services Act 1998; or\n(b) a psychiatrist as defined in section 3 of the Mental Health\nAct 2009 (SA); or\n(c) a psychiatrist as defined in section 4 of the Mental Health\nAct 2014 (WA).\noffence includes an aggravated property offence.\n(2) Subject to subsection (1), a word or phrase used in this Part that is\ndefined in the Mental Health and Related Services Act has the\nmeaning given in that Act.\n\nPart 3 Modifications of laws of the Territory\nDivision 15 Traffic Act 1987\nCross-border Justice Regulations 2009 22\n56 Modification of section 108 (Time and place of sentence)\n(1) Section 108(1)\nomit, substitute\n(1) The sentence for an offence may be imposed in open court at any\ntime and place in a participating jurisdiction.\n(2) Section 108(3)(b)\nomit, substitute\n(b) make an order or orders for the removal in custody of the\nperson from one place in a participating jurisdiction to another.\nDivision 15 Traffic Act 1987\n57 Act modified\nThis Division prescribes modifications to the Traffic Act 1987.\n58 Modification of section 3 (Interpretation)\n(1) Section 3(1), definitions authorized analyst, health centre and\nhospital\nomit\n(2) Section 3(1)\ninsert (in alphabetical order)\nauthorised analyst means:\n(a) a person authorised under this Act to be an analyst; or\n(b) an analyst as defined in section 47A(1) of the Road Traffic\nAct 1961 (SA); or\n(c) an analyst as defined in section 65 of the Road Traffic\nAct 1974 (WA).\nhospital means:\n(a) a hospital declared under section 6(2) of the Medical Services\nAct 1982; or\n(b) an incorporated hospital as defined in section 3(1) of the\nHealth Care Act 2008 (SA); or\n\nPart 3 Modifications of laws of the Territory\nDivision 16 Youth Justice Act 2005\nCross-border Justice Regulations 2009 23\n(c) a public hospital as defined in section 2(1) of the Private\nHospitals and Health Services Act 1927 (WA).\n60 Modification of 29AAK (Taking of sample of blood)\n(1) Section 29AAK(3)\nomit\nhospital for examination\nsubstitute\nhospital in the Territory for examination\n(2) Section 29AAK(4)\nomit, substitute\n(4) For the purpose of analysis by an authorised analyst, a medical\npractitioner, registered nurse or member of the staff of a hospital\nwho is under the direct supervision of a medical practitioner or\nregistered nurse may:\n(a) take a sample of blood from a person who:\n(i) has apparently attained the age of 15 years; and\n(ii) enters the hospital for examination or treatment of\ninjuries which may have been received in a car crash;\nand\n(iii) is unconscious or apparently incapable of consenting to\nthe taking of the sample; or\n(b) require a person to give a sample of blood who:\n(i) has apparently attained the age of 15 years; and\n(ii) enters a hospital for examination or treatment of injuries\nwhich may have been received in a car crash.\nDivision 16 Youth Justice Act 2005\n61 Act modified\nThis Division prescribes modifications to the Youth Justice\nAct 2005.\n\nPart 3 Modifications of laws of the Territory\nDivision 16 Youth Justice Act 2005\nCross-border Justice Regulations 2009 24\n62 Modification of section 5 (Interpretation)\n(1) Section 5(1), definitions custodial correctional facility and\ndetention centre\nomit\n(2) Section 5(1)\ninsert (in alphabetical order)\ncustodial correctional facility means:\n(a) a custodial correctional facility as defined in section 11(1)(a) of\nthe Correctional Services Act 2014; or\n(b) a prison in another participating jurisdiction under its\ncross-border laws.\ndetention centre means:\n(a) a youth detention centre approved under section 148; or\n(b) a detention centre in another participating jurisdiction under its\ncross-border laws.\n64 Modification of section 39 (Diversion of youth)\nSection 39(3)(a)\nomit\nthe Territory\nsubstitute\na participating jurisdiction\n65 Modification of section 52 (Jurisdiction of Youth Justice Court)\nSection 52(1)(b)\nomit (first reference)\nthe Territory\nsubstitute\na participating jurisdiction\n\nPart 4 Miscellaneous matters\nCross-border Justice Regulations 2009 25\n66 Modification of section 107 (Breath analysis)\nSection 107(3)\nomit, substitute\n(3A) However, a breath analysis carried out in accordance with the drink\nor drug-driving laws of another participating jurisdiction is taken to\nhave been carried out in accordance with subsection (3).\n66A Modification of section 140AA (Community youth justice\nofficers)\nAfter section 140AA(1)\ninsert\n(1A) The following persons are also community youth justice officers for\nthis Act:\n(a) an officer of the Department, as defined in the Young\nOffenders Act 1993 (SA), whose duties include the\nsupervision of offenders in the community under that Act;\n(b) an officer of the Department, as defined in the Young\nOffenders Act 1994 (WA), whose duties include the\nsupervision of offenders in the community under that Act.\nPart 4 Miscellaneous matters\n67 Authorised officers\nFor the definition authorised officer in section 7(1) of the Act, an\noffice holder of a participating jurisdiction is an authorised officer for\nthe purpose of carrying out a custodial order if the office holder is\nauthorised under the law of the jurisdiction to carry out in that\njurisdiction an order or other authority made or otherwise given\nunder that law that is to the same or similar effect as the custodial\norder.\n68 Custodial orders – recommendation about place of custody\nA judicial officer or registrar who issues:\n(a) a warrant of commitment under section 98 of the Act; or\n(b) a remand warrant under section 100 of the Act;\n\nPart 5 Transitional matters for Local Court (Repeals and Related Amendments) Act\n2016\nCross-border Justice Regulations 2009 26\nmay note on the warrant any recommendation about the place at\nwhich the person is the subject of the warrant should be kept in\ncustody under the warrant.\n69 Application of Youth Justice Act 2005\nFor section 106 of the Act, Parts 8 to 10 of the Youth Justice\nAct 2005 do not apply in relation to a person in custody in a\ndetention centre in another participating jurisdiction under Part 10 of\nthe Cross-border Justice Act 2009.\n70 Calculation of reduction in amount of fines\nFor section 127(2)(c)(iii) of the Act, the amount by which a fine is\nreduced because an offender has performed work under a\ncommunity work order issued under Part 5, Division 9 of the Fines\nEnforcement Act must be calculated in accordance with\nregulation 14 of the Fines and Penalties (Recovery)\nRegulations 2001.\nPart 5 Transitional matters for Local Court (Repeals\nand Related Amendments) Act 2016\n71 Continuation of appointment of cross-border magistrate\n(1) This regulation applies to a magistrate of another participating\njurisdiction appointed by the Administrator to be a cross-border\nmagistrate under section 13B of the Magistrates Act 1977, as\nmodified by these Regulations in force immediately before the\ncommencement.\n(2) The cross-border magistrate is taken to be a cross-border Judge\nunder section 59A of the Local Court Act 2015, as modified by\nthese Regulations after the commencement.\n(3) The cross-border Judge holds office:\n(a) for the remainder of the period specified in the appointment\nmentioned in subregulation (1); and\n(b) on the same conditions, if any, as applied to the appointment.\n(4) In this regulation:\ncommencement means the commencement of the Part 5,\nDivision 7 of the Local Court (Repeals and Related Amendments)\nAct 2016.\n\nSchedule NT/SA/WA region\nCross-border Justice Regulations 2009 27\nSchedule NT/SA/WA region\nregulation 3\nPart 1 Description – NT/SA/WA region boundary\nThe NT/SA/WA region is bounded by a line starting at point 1 in the sequence\nspecified in the table then, initially in an easterly direction, along a straight line\nbetween each of the points in the sequence to point 18 then to point 1.\nPoint no. Longitude (E) Latitude (S)\n1 124°40'9.726\" -23°26'26.696\"\n2 126°29'59.085\" -23°26'50.559\"\n3 126°30'2.638\" -22°30'0.724\"\n4 129°59'43.09\" -22°29'59.842\"\n5 130°0'0.315\" -22°59'58.596\"\n6 131°59'59.524\" -22°59'59.741\"\n7 132°0'3.867\" -24°0'0.641\"\n8 132°29'45.2\" -24°0'5.62\"\n9 132°30'4.694\" -24°29'40.966\"\n10 134°30'1.249\" -24°30'0.759\"\n11 134°30'4.258\" -25°0'5.185\"\n12 135°30'0.12\" -25°0'1.22\"\n13 135°30'7.027\" -26°59'43.989\"\n14 134°30'13.305\" -27°0'11.385\"\n15 134°30'51.407\" -28°0'11.092\"\n16 127°30'0.049\" -28°0'0.49\"\n17 127°30'3.326\" -26°45'5.594\"\n18 124°39'56.52\" -26°44'1.484\"\nNote\nCoordinate references are to Geocentric Datum of Australia 1994 (GDA94) coordinates.\n\nSchedule NT/SA/WA region\nCross-border Justice Regulations 2009 28\nPart 2 Areas in which police officers stationed or\ncarry out duties\n\nENDNOTES\nCross-border Justice Regulations 2009 29\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nCross-border Justice Regulations (SL No. 33, 2009)\nNotified 29 October 2009\nCommenced pt 3, div 16 and r 69: 1 December 2009;\nrem: 1 November 2009 (r 2)\nHealth Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18,\n2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (s 2)\nCross-border Justice Amendment Regulations 2012 (SL No. 48, 2012)\nNotified 14 December 2012\nCommenced 1 January 2013 (r 2, s 2 Evidence (National Uniform\nLegislation Act 2011 (Act No. 33, 2011) and Gaz G51,\n19 December 2012, p 4)\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\nLocal Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (Gaz S, 29 April 2016)\nPersonal Violence Restraining Orders Act 2016 (Act No. 10, 2016)\nAssent date 29 April 2016\nCommenced pt 4, div 5: 29 April 2016; rem: 1 May 2016 (s 2, s 2 Local\nCourt (Repeals and Related Amendments) Act 2016 (Act\nNo. 9, 2016) and Gaz S34, 29 April 2016)\n\nENDNOTES\nCross-border Justice Regulations 2009 30\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nYouth Justice Legislation Amendment Act 2017 (Act No. 19, 2017)\nAssent date 30 October 2017\nCommenced 5 January 2018 (Gaz G51, 20 December 2017, p 4)\nYouth Justice Legislation Amendment Act 2018 (Act No. 12, 2018)\nAssent date 23 May 2018\nCommenced 24 May 2018 (s 2)\nMedical Services Amendment Act 2019 (Act No. 17, 2019)\nAssent date 30 May 2019\nCommenced 31 May 2019 (s 2)\nCross-border Justice Amendment Regulations 2022 (SL No. 13, 2022)\nNotified 28 September 2022\nCommenced 28 September 2022\nJustice and Other Legislation Amendment Act 2024 (Act No. 4, 2024)\nAssent date 14 March 2024\nCommenced pt 5, div 1: 30 October 2023 (s 2(2));\npt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and Other\nLegislation Amendment Act 2022 (Act No. 28, 2022) and\nGaz S19, 22 March 2024); pt 4: 25 March 2024 (s 2(4), s 2\nCriminal Justice Legislation Amendment (Sexual Offences)\nAct 2023 (Act No. 20, 2023) and Gaz S20, 22 March 2024);\nrem: 15 March 2024 (s 2(1))\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: rr 1, 7, 8, 13, 14A, 15, 17, 20,\n22, 26, 29, 36A, 37, 46, 47, 48, 49, 50, 51, 55, 57, 58, 61, 62, 69, 70 and 71.\n4 LIST OF AMENDMENTS\npt 3\ndiv 2 hdg rep Act No. 9, 2016, s 81\nrr 5 – 6 rep Act No. 9, 2016, s 81\nr 8 amd Act No. 27, 2014, s 8; Act No. 9, 2016, s 82\nr 10 amd Act No. 9, 2016, s 83\npt 3\ndiv 4A hdg ins Act No. 27, 2014, s 9\nrr 14A – 14C ins Act No. 27, 2014, s 9\nr 16 amd Act No. 9, 2016, s 84\nr 19 amd Act No. 9, 2016, s 85\nr 21 amd No. 48, 2012, r 4\npt 3\ndiv 8 hdg amd Act No. 9, 2016, s 86\nr 22 amd Act No. 9, 2016, s 87\nr 24 rep Act No. 9, 2016, s 88\nr 25 rep Act No. 10, 2016, s 28\n\nENDNOTES\nCross-border Justice Regulations 2009 31\npt 3\ndiv 9 hdg sub Act No. 9, 2016, s 89\nr 26 sub Act No. 9, 2016, s 89\nr 26A ins Act No. 9, 2016, s 89\nr 27 sub Act No. 9, 2016, s 89\namd No. 13, 2022, r 4\nr 28 rep Act No. 9, 2016, s 89\nr 30 amd No. 13, 2022, r 5\nr 31 amd No. 13, 2022, r 6\nr 32 sub Act No. 18, 2010, s 27\namd No. 13, 2022,r 7\nr 33 sub Act No. 18, 2010, s 27\namd No. 13, 2022, r 8\nr34 sub Act No. 18, 2010, s 27\namd No. 13, 2022, r 9\npt 3\ndiv 10A ins Act No. 10, 2016, s 29\nr 37 ins Act No. 10, 2016, s 29\nrenum Act No. 4, 2017, s 4\nr 38 ins Act No. 10, 2016, s 29\nrenum Act No. 4, 2017, s 5\nr 38 sub Act No. 9, 2016, s 90\nr 40 sub Act No. 18, 2010, s 28\nr 42 rep Act No. 18, 2010, s 29\npt 3\ndiv 12 hdg rep Act No. 27, 2014, s 10\nrr 44 – 45 rep Act No. 27, 2014, s 10\nr 51 sub Act No. 27, 2014, s 11\namd No. 13, 2022, r 10\nr 52 amd Act No. 4, 2024, s 66\nr 54 amd Act No. 4, 2024, s 67\nr 55 amd No. 13, 2022, r 11\nr 58 sub Act No. 18, 2010, s 30\namd Act No. 17, 2019, s 14; No. 13, 2022, r 12\nr 59 sub Act No. 18, 2010, s 30\nr 62 sub Act No. 18, 2010, s 31; Act No. 27, 2014, s 12\nr 63 amd Act No. 27, 2014, s 13; Act No. 19, 2017, s 39\nrep Act No. 12, 2018, s 24\nr 66A ins Act No. 12, 2018, s 25\npt 5 hdg ins Act No. 9, 2016, s 91\nr 71 ins Act No. 9, 2016, s 91","sortOrder":0}],"analysis":{"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":5,"scope_assessment":{"changed":false,"description":"Based on available information, this appears to be an update/reprint (Reprint No: REPC102R1) of the original 2009 regulations rather than a substantive change in scope. The regulations continue to serve their original purpose of providing administrative and operational detail for the cross-border justice scheme. No significant expansion or contraction of scope is apparent from the metadata provided."},"complexity_factors":["Operates across multiple jurisdictions requiring understanding of intergovernmental cooperative arrangements","Involves interaction between multiple bodies of law (criminal law, administrative law, intergovernmental agreements)","Significant gap between making date (September 2022) and commencement date (March 2024), suggesting transitional complexity","Applies to specialised geographic and legal contexts (remote cross-border communities) not familiar to most Australians","As subordinate legislation (regulations), must be read in conjunction with the parent Cross-Border Justice Act, adding a layer of interpretive complexity","Limited metadata provided makes it difficult to assess the full regulatory detail and scope"],"plain_english_summary":"These regulations implement the Cross‑Border Justice scheme, providing practical rules for police, courts and corrections to operate across state and territory lines in remote border communities. They clarify how offences, orders and sentences are recognised and enforced so people can be dealt with nearer home.\n\nThe 2009 instrument was revised in September 2022 and reforms take effect from 25 March 2024, affecting residents, law enforcement, courts and legal practitioners in those regions."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Regulations' scope has been expanded and refined through multiple amendments listed in the Endnotes (notable amendments in 2012, 2014, 2016, 2017, 2018, 2019, 2022 and 2024). Amendments added new divisions (eg. Correctional Services 2014, Personal Violence 2016), new cross‑border judge provisions (r 59B), broader definitions aligning SA/WA laws (rr 30, 32–34, 51, 78P), and additional operational rules for transfers, notifications and remote hearings (rr 14C, 18–19, 21, 36A, 51A). These changes extended interoperability, administrative duties and the practical reach of Territory processes into participating jurisdictions."},"complexity_factors":["Cross-jurisdictional scope — creates legal effects across three jurisdictions (NT, SA, WA) and requires coordination of different statutory schemes (reg 3; Schedule).","Large number of Acts amended — substantive modifications across many Acts (Bail, Corrections, Sentencing, Mental Health, Youth Justice, Traffic, Evidence, Local Court, Police Administration, etc.) increasing interdependencies (Part 3).","Definitions harmonisation — inserts multi-jurisdictional definitions (eg. ‘approved treatment facility’, ‘probation and parole officer’, ‘authorised member’) to align disparate statutory vocabularies (rr 8, 14B, 30, 51, 78P).","Operational mechanics for remote processes — authorises audiovisual and audio links and treats places in other jurisdictions as part of Territory entities for evidence and hearings (rr 8, 21, 49P(3A)).","Custody and transfer rules — new and modified rules for custody, committal, interstate imprisonment and transfer interactions, including exceptions where interstate transfer laws do not apply (rr 14C, 47–49, 4A, 5AA, 7A).","Sentencing and community service concurrency — detailed rules on when cross‑border sentences and community service hours run concurrently or additionally (rr 36A, 51A).","Administrative notification and registration duties — mandatory transmission and deemed applications for registration of restraining/domestic violence orders between registrars (rr 18–19, 36B).","Delegation and appointment discretion — grants the Administrator power to appoint magistrates of other jurisdictions as cross‑border Judges, with conditions and remuneration tied to their home office (r 59B).","Operational policing adjustments — expands arrest, rank and detention references to include officers of participating jurisdictions holding secondary offices (rr 39–41, 143A, 147G).","Geographic precision and mapping — defines the cross‑border region by coordinates and map, creating potential boundary and enforcement questions (reg 3; Schedule)."],"plain_english_summary":"These Regulations let the Northern Territory operate police, court and correctional functions across a defined NT/SA/WA cross‑border region by modifying many Territory laws so officers, courts and facilities in participating jurisdictions can act as if they were in the Territory. They change who may exercise powers, how custody and sentences start or run, and how orders (including restraining orders) are registered or notified. The rules affect police, courts, corrections, defendants, protected persons and service providers by shifting administrative duties, compliance obligations and operational costs across jurisdictions."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose of facilitating cross-border justice administration between the NT, SA and WA. While they have been amended multiple times since 2009 (as shown in the Endnotes), these amendments consistently expand the range of Acts being modified to cover additional areas of law (such as the addition of the Personal Violence Restraining Orders Act 2016 and the Correctional Services Act 2014) rather than expanding beyond the cross-border justice concept. The scope has deepened (more comprehensive coverage) but not broadened (no unrelated matters added)."},"complexity_factors":["Extensive cross-referencing: The regulations modify 14 separate Acts and repeatedly reference equivalent provisions in SA and WA legislation (e.g., 'section 3 of the Mental Health Act 2009 (SA)', 'section 4 of the Mental Health Act 2014 (WA)')","Nested definitions: Terms like 'approved treatment facility', 'authorised psychiatric practitioner', and 'probation and parole officer' are redefined multiple times across different Divisions with slightly varying scopes depending on which Act is being modified","Conditional logic: Many provisions only apply if a person 'has a connection with a cross-border region' - a jurisdictional test that requires reference back to the primary Cross-border Justice Act 2009","Secondary office concept: The regulations rely on the complex mechanism of police officers holding 'secondary office' in multiple jurisdictions simultaneously","Concurrent operation of laws: Provisions dealing with concurrent sentences (s 51A) and community service hours (s 36A) require complex calculations across multiple jurisdictional orders with specific sequencing rules","Transitional provisions: Regulation 71 deals with the conversion of 'cross-border magistrates' to 'cross-border Judges' following the repeal of the Magistrates Act 1977, requiring historical knowledge of legislative changes","Geographic precision: The Schedule defines the cross-border region using 18 coordinate points with specific longitude/latitude references to Geocentric Datum of Australia 1994"],"plain_english_summary":"These regulations make practical changes to Northern Territory laws so that the justice system can operate seamlessly across the borders with South Australia and Western Australia in a specific cross-border region.\n\n**What it does:**\nThe regulations modify 14 different NT Acts (laws) to recognise equivalent officials, facilities, and procedures from SA and WA. This allows police, courts, and corrections to work together as if they were one system when dealing with people who live in or have connections to the cross-border region.\n\n**Key changes include:**\n- **Bail and arrests:** Police from SA and WA who hold secondary appointments as NT officers can grant bail and make arrests in the cross-border region. Warrants can be executed across state borders.\n- **Courts:** Magistrates from SA and WA can be appointed as \"cross-border Judges\" to hear cases in the NT. Court hearings can use audio and video links instead of requiring everyone to be physically present.\n- **Prisons and corrections:** Prisoners can be held in facilities across the border, and sentences from different states can run concurrently (at the same time). Community service hours done in one state count towards orders in another.\n- **Mental health:** Mental health assessments and treatment can happen at approved facilities in SA or WA, not just the NT. Psychiatrists from those states are recognised as authorised practitioners.\n- **Domestic violence and restraining orders:** Protection orders made in the NT can be automatically registered in SA or WA if the protected person requests it, making them enforceable across borders.\n- **Traffic offences:** Blood samples for drink-driving can be taken at hospitals in any of the three jurisdictions, and analysed by authorised analysts from SA or WA.\n- **Youth justice:** Young offenders can be supervised by youth justice officers from SA or WA, and diversion programs can operate across borders.\n\n**Who it affects:**\nPeople living in the cross-border region (a large area spanning the NT-SA-WA borders, defined by precise coordinates in the Schedule), as well as police, lawyers, judges, corrections staff, and victims of crime in that area.\n\n**Why it matters:**\nWithout these regulations, someone arrested near the border might need to be transported hundreds of kilometres to the nearest NT court or prison. These rules allow justice to be administered locally using facilities and officials from whichever state is closest, reducing delays, costs, and the burden on remote communities."}},"importantCases":[],"_links":{"self":"/api/acts/nt-cross-border-justice-regulations-2009","history":"/api/acts/nt-cross-border-justice-regulations-2009/history","analysis":"/api/acts/nt-cross-border-justice-regulations-2009/analysis","conflicts":"/api/acts/nt-cross-border-justice-regulations-2009/conflicts","importantCases":"/api/acts/nt-cross-border-justice-regulations-2009/important-cases","documents":"/api/acts/nt-cross-border-justice-regulations-2009/documents"}}