Cross-border Justice Act 2009
35Investigation of suspected or alleged offence or breach of
Start here
Get a plain-English read of 35
Turn the raw legal text into a practical explanation grounded in Cross-border Justice Act 2009.
35 Investigation of suspected or alleged offence or breach of order (a) a police officer of the Territory: (i) suspects a person of having committed, or has alleged that a person has committed, an offence under the law of the Territory; or (ii) suspects a person of having breached, or has alleged that a person has breached, an order made under the law of the Territory; and (2) A police officer of the Territory may: (a) investigate the offence or breach in another participating (b) for that purpose, may exercise in the other jurisdiction any of the powers the police officer has under the law of the Territory for investigating the offence or breach. (3) Without affecting subsection (2), those powers may include powers in relation to any of the following: (a) interviewing people; (b) searching people; (c) taking photographs of people or parts of people's bodies; (d) taking prints of parts of people's bodies (for example, fingerprints, handprints and footprints); (e) taking samples of things, and removing things, from the external and internal parts of people's bodies; (f) entering and searching places and vehicles;
Cross-border Justice Act 2009 23 (g) taking photographs of places and vehicles; (h) inspecting, and taking extracts from or copies of, documents found at places or in vehicles; (i) taking samples of things, and seizing things, from places and vehicles; (j) carrying out warrants or orders authorising the police officer to do any of the things mentioned in paragraphs (a) to (i); (k) requiring people to assist the police officer to do any of the things mentioned in paragraphs (a) to (j). (4) For the investigation of the offence or breach by a police officer of the Territory in the Territory or another participating jurisdiction, a Local Court Judge of the Territory: (a) may issue in another participating jurisdiction a warrant or order under the law of the Territory to be carried out in the Territory or another participating jurisdiction; and (b) for that purpose, may exercise in the other participating jurisdiction any of the powers the Local Court Judge has under the law of the Territory for issuing warrants or orders for the investigation by police officers of the Territory of offences or breaches of orders. (5) The law of the Territory applies (with any appropriate modifications) in relation to the investigation and the warrant or order. Examples for section 35 1 A person is suspected of committing an offence under NT law in the NT portion of the NT/SA/WA region. An NT police officer may investigate the alleged offence anywhere in the NT, SA or WA. For the investigation of the alleged offence, an NT Local Court Judge anywhere in the NT, SA or WA may issue a warrant to search premises anywhere in the NT, SA or WA. 2 A person is arrested in the NT/SA region for an offence under NT law alleged to have been committed in a place in the NT outside the cross-border region. An NT police officer may investigate the alleged offence anywhere in the NT or SA but not in WA. For the investigation of the alleged offence, an NT Local Court Judge anywhere in the NT or SA may issue a warrant to search premises anywhere in the NT or SA but not in WA. An NT magistrate in WA cannot issue a warrant. 3 A person is suspected of committing an offence under NT law in the NT portion of the NT/WA region and is subsequently arrested for the alleged offence in the NT/SA region. An NT police officer may investigate the alleged offence anywhere in the NT, SA or WA. For the investigation of the alleged offence, an NT Local Court Judge anywhere in the NT, SA or WA may issue a warrant to search premises anywhere in the NT, SA or WA.