Cross-border Justice Act 2009
68Proceedings that may be heard in another participating
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68 Proceedings that may be heard in another participating (1) A prescribed court of the Territory may hear and determine a proceeding mentioned in subsection (2) in another participating jurisdiction if the person who is the subject of the proceeding has a connection with a cross-border region for the proceeding. (2) Any of the following proceedings of a prescribed court of the Territory may be heard and determined in another participating jurisdiction under subsection (1): (a) criminal proceedings (as defined in section 3 of the Local Court Act 2015) in the Local Court; (c) under the Bail Act 1982; (d) under the Sentencing Act 1995;
Cross-border Justice Act 2009 38 (e) under the Youth Justice Act 2005; (f) under the Domestic and Family Violence Act 2007; (g) under the Traffic Act 1987 in relation to any of the following: (i) the imposition or removal of a disqualification from holding or obtaining a driver's licence; (ii) the impounding or forfeiture of a vehicle; (iii) the sale or disposal of an impounded or forfeited vehicle; (h) prescribed by regulation. (3) To avoid doubt, a prescribed court of the Territory can only hear and determine in another participating jurisdiction a proceeding that the court can hear and determine in the Territory. Examples for section 68 1 A person is charged with an offence under NT law alleged to have been committed in the NT portion of the NT/SA/WA region. The charge may be heard by the NT Local Court sitting anywhere in the NT, SA or WA. 2 A person who ordinarily resides in the NT/SA region is charged with an offence under NT law alleged to have been committed in a place in the NT outside the cross-border region. The charge may be heard by the NT Local Court sitting anywhere in the NT or SA but not in WA. 3 A person is arrested in the NT/SA/WA region for an offence under NT law alleged to have been committed in a place in the NT outside the cross-border region (the NT/SA/WA charge). The person also has an outstanding charge for an offence under NT law alleged to have been committed in the NT portion of the NT/WA region (the NT/WA charge). The NT/SA/WA charge may be heard by the NT Local Court sitting anywhere in the NT, SA or WA. The NT/WA charge may be heard by the NT Local Court anywhere in the NT or WA. It may also be heard by the NT Local Court sitting anywhere in SA, but only if it is heard with the NT/SA/WA charge.