NORTHERN TERRITORY OF AUSTRALIA
CROSS-BORDER JUSTICE REGULATIONS 2009
As in force at 25 March 2024
Table of provisions
Part 1 Preliminary matters
1 Citation ............................................................................................ 1
2 Commencement .............................................................................. 1
Part 2 Cross-border region
3 NT/SA/WA region ............................................................................ 1
Part 3 Modifications of laws of the Territory
Division 1 Interpretation
4 Terms used in modifications ............................................................ 2
Division 3 Bail Act 1982
7 Act modified ..................................................................................... 2
8 Modification of section 3 (Interpretation) .......................................... 2
9 Modification of section 16 (Authority for police to grant bail) ........... 3
10 Modification of section 20 (Power of Local Court to grant bail) ........ 3
11 Modification of section 26 (Persons to whom bail undertaking
may be given) .................................................................................. 4
12 Modification of section 33 (Review) ................................................. 4
Division 4 Child Protection (Offender Reporting and
Registration) Act 2004
13 Act modified ..................................................................................... 4
14 Modification of sections 15, 19, 52 and 55....................................... 4
Division 4A Correctional Services Act 2014
14A Act modified ..................................................................................... 5
14B Modification of section 4 (Definitions) .............................................. 5
14C Modification of section 8 (Committal or remand into the
custody of the Commissioner) ......................................................... 5
Division 5 Director of Public Prosecutions Act 1990
15 Act modified ..................................................................................... 5
16 Modification of section 22 (Appearance by Director) ....................... 5
Cross-border Justice Regulations 2009 ii
Division 6 Domestic and Family Violence Act 2007
17 Act modified ..................................................................................... 6
18 New section 91A.............................................................................. 6
91A Notification of DVO made in cross-border proceeding
19 Modification of section 93 (Application for registration) ................... 6
Division 7 Evidence Act 1939
20 Act modified ..................................................................................... 7
21 Modification of section 49P (Territory entities may take
evidence and submissions from outside Territory) .......................... 7
Division 8 Local Court (Criminal Procedure) Act 1928
22 Act modified ..................................................................................... 7
23 Modification of section 20 (Form of warrant).................................... 8
Division 9 Local Court Act 2015
26 Act modified ..................................................................................... 8
26A Modification of section 6 (Constitution of Court) .............................. 8
27 New Part 5, Division 1, Subdivision 3 .............................................. 8
Subdivision 3 Cross-border Judges
59B Appointment of cross-border Judges
Division 10 Mental Health and Related Services Act 1998
29 Act modified ..................................................................................... 9
30 New section 13A.............................................................................. 9
13A Definition
31 Modification of section 38 (Examination at approved treatment
facility) ........................................................................................... 10
32 New section 38A............................................................................ 10
38A Definitions
33 New section 41A............................................................................ 11
41A Definitions
34 New Part 10, Division 1A ............................................................... 12
Division 1A Definitions
73AA Definitions
35 Modification of section 74 (Pre-assessment advice) ...................... 13
36 Modification of section 74A (Assessment order and report) .......... 13
Division 10A Personal Violence Restraining Orders
Act 2016
36A Act modified ................................................................................... 13
Cross-border Justice Regulations 2009 iii
36B New section 14A............................................................................ 14
14A Notice of order made in cross-border proceeding
Division 11 Police Administration Act 1978
37 Act modified ................................................................................... 14
38 Modification of section 4 (Interpretation) ........................................ 14
39 Modification of section 125 (Power to arrest interstate
offenders) ...................................................................................... 15
40 Modification of section 132 (Continued detention of person
taken into custody under section 128) ........................................... 15
41 New section 143A.......................................................................... 15
143A References to rank
43 Modification of section 147G (Definitions) ..................................... 16
Division 13 Prisoners (Interstate Transfer) Act 1983
46 Act modified ................................................................................... 16
47 New section 4A.............................................................................. 16
4A Relationship with cross-border laws
48 New section 5AA ........................................................................... 17
5AA Application of this Part to Territory prisoners imprisoned in
another participating jurisdiction
49 New section 7A.............................................................................. 17
7A Effect of orders under this Part on persons imprisoned under law
of another participating jurisdiction
Division 14 Sentencing Act 1995
50 Act modified ................................................................................... 18
51 Modification of section 3 (Interpretation) ........................................ 18
52 New section 36A............................................................................ 19
36A Hours of community service under non-custodial orders made in
cross-border proceedings
53 New section 51A............................................................................ 20
51A Commencement of sentences imposed in cross-border
proceedings
54 Modification of section 64 (Further sentence if person on
parole) ........................................................................................... 21
55 Modification of section 78P (Interpretation) ................................... 21
78P Interpretation
56 Modification of section 108 (Time and place of sentence) ............. 22
Division 15 Traffic Act 1987
57 Act modified ................................................................................... 22
58 Modification of section 3 (Interpretation) ........................................ 22
60 Modification of 29AAK (Taking of sample of blood) ....................... 23
Cross-border Justice Regulations 2009 iv
Division 16 Youth Justice Act 2005
61 Act modified ................................................................................... 23
62 Modification of section 5 (Interpretation) ........................................ 24
64 Modification of section 39 (Diversion of youth) .............................. 24
65 Modification of section 52 (Jurisdiction of Youth Justice Court) ..... 24
66 Modification of section 107 (Breath analysis) ................................ 25
66A Modification of section 140AA (Community youth justice
officers) .......................................................................................... 25
Part 4 Miscellaneous matters
67 Authorised officers ......................................................................... 25
68 Custodial orders – recommendation about place of custody ......... 25
69 Application of Youth Justice Act 2005 ........................................... 26
70 Calculation of reduction in amount of fines .................................... 26
Part 5 Transitional matters for Local Court
(Repeals and Related Amendments) Act
2016
71 Continuation of appointment of cross-border magistrate ............... 26
Schedule NT/SA/WA region
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 25 March 2024
CROSS-BORDER JUSTICE REGULATIONS 2009
Regulations under the Cross-border Justice Act 2009
Part 1 Preliminary matters
1 Citation
These Regulations may be cited as the Cross-border Justice
Regulations 2009.
2 Commencement
(1) Part 3, Division 16 and regulation 69 commence on
1 December 2009.
(2) The remaining provisions of these Regulations commence on
1 November 2009.
Part 2 Cross-border region
3 NT/SA/WA region
(1) The NT/SA/WA region is a cross-border region that:
(a) straddles the borders between the Territory, South Australia
and Western Australia; and
(b) is described in the Schedule, Part 1.
(2) The map in Schedule 1, Part 2 indicates the areas in the NT/SA/WA
region in which police officers of participating jurisdictions may be
stationed or carry out duties.
Part 3 Modifications of laws of the Territory
Division 3 Bail Act 1982
Cross-border Justice Regulations 2009 2
Part 3 Modifications of laws of the Territory
Division 1 Interpretation
4 Terms used in modifications
A term defined in section 7 of the Act has the same meaning in a
modification prescribed by these Regulations.
Division 3 Bail Act 1982
7 Act modified
This Division prescribes modifications to the Bail Act 1982.
8 Modification of section 3 (Interpretation)
(1) Section 3(1), definition authorised member
omit
(2) Section 3(1)
insert (in alphabetical order)
audio link means facilities (including telephone) that enable, at the
same time, a person at one place to hear another person at another
place and vice versa.
authorised member means:
(a) a police officer who:
(i) holds the rank of Sergeant or a higher rank; or
(ii) is for the time being in charge of a police station in the
Territory; or
(b) a police officer of another participating jurisdiction:
(i) who:
(A) holds the rank of Sergeant or a higher rank; or
(B) is for the time being in charge of a police station in
the participating jurisdiction; and
(ii) who holds a secondary office as a police officer of the
Territory.
Part 3 Modifications of laws of the Territory
Division 3 Bail Act 1982
Cross-border Justice Regulations 2009 3
deputy sheriff means a person holding or occupying the office of:
(a) deputy sheriff mentioned in section 5(1)(b) of the Sheriff
Act 1962; or
(b) deputy sheriff established by section 6(1) of the Sheriff's
Act 1978 (SA); or
(c) deputy mentioned in section 158(1) of the Supreme Court
Act 1935 (WA).
officer in charge, of a prison, means:
(a) for a prison in the Territory – the General Manager as defined
in section 10 of the Correctional Services Act 2014; or
(b) for a prison in SA – the manager as defined in section 4(1) of
the Correctional Services Act 1982 (SA); or
(c) for a prison in WA – a superintendent as defined in
section 3(1) of the Prisons Act 1981 (WA).
sheriff means the person holding or occupying the office of sheriff:
(a) mentioned in section 5(1)(a) of the Sheriff Act; or
(b) established by section 5(1) of the Sheriff's Act 1978 (SA); or
(c) established by section 156(1) of the Supreme Court
Act 1935 (WA).
video link means facilities (including closed circuit television) that
enable, at the same time, a person at one place to see and hear
another person at another place and vice versa.
9 Modification of section 16 (Authority for police to grant bail)
Section 16(5)
omit
10 Modification of section 20 (Power of Local Court to grant bail)
Section 20(2)
omit
telephone
Part 3 Modifications of laws of the Territory
Division 4 Child Protection (Offender Reporting and Registration) Act 2004
Cross-border Justice Regulations 2009 4
substitute
audio or video link
11 Modification of section 26 (Persons to whom bail undertaking
may be given)
Section 26(e)
omit
all the words from "within" to "Act".
12 Modification of section 33 (Review)
Section 33(4)
omit
telephone, telex, radio
substitute
audio or video link, telex
Division 4 Child Protection (Offender Reporting and
Registration) Act 2004
13 Act modified
This Division prescribes modifications to the Child Protection
(Offender Reporting and Registration) Act 2004.
14 Modification of sections 15, 19, 52 and 55
Sections 15(1)(b), (2)(b) and (3)(b), 19(4), 52(2)(b) and 55(1)(a)
omit
custody in the Territory
substitute
custody in the Territory or government custody in a participating
jurisdiction under a law of the Territory
Part 3 Modifications of laws of the Territory
Division 5 Director of Public Prosecutions Act 1990
Cross-border Justice Regulations 2009 5
Division 4A Correctional Services Act 2014
14A Act modified
This Division prescribes modifications to the Correctional Services
Act 2014.
14B Modification of section 4 (Definitions)
Section 4, definition probation and parole officer
omit, insert
probation and parole officer means:
(a) a person appointed as a probation and parole officer under
section 25(1); or
(b) a community corrections officer of another participating
jurisdiction.
14C Modification of section 8 (Committal or remand into the
custody of the Commissioner)
After section 8(2)
insert
(3) A person is committed or remanded into the custody of the
Commissioner if a custodial order of a participating jurisdiction is
in force in relation to the person.
Division 5 Director of Public Prosecutions Act 1990
15 Act modified
This Division prescribes modifications to the Director of Public
Prosecutions Act 1990.
16 Modification of section 22 (Appearance by Director)
Section 22(b)
omit, substitute
(b) where the proceedings are cross-border proceedings in the
Local Court or Youth Justice Court, by:
(i) a legal practitioner; or
(ii) a police officer; or
Part 3 Modifications of laws of the Territory
Division 6 Domestic and Family Violence Act 2007
Cross-border Justice Regulations 2009 6
(iii) a police officer of another participating jurisdiction, but
only if the person who is the subject of the proceeding
has a connection with a cross-border region that is partly
in the other jurisdiction.
Division 6 Domestic and Family Violence Act 2007
17 Act modified
This Division prescribes modifications to the Domestic and Family
Violence Act 2007.
18 New section 91A
After section 91
insert
91A Notification of DVO made in cross-border proceeding
(1) This section applies in relation to a DVO made by a prescribed
court of the Territory if:
(a) the DVO is made or varied in a cross-border proceeding for
the purposes of which the defendant has a connection with a
cross-border region; and
(b) the protected person indicates at the time the DVO is made or
varied that the person wants the DVO as made or varied to be
registered under the restraining orders laws of another
participating jurisdiction; and
(c) the region is partly in the other jurisdiction.
(2) A clerk must give a copy of the DVO as made or varied to :
(a) if the other jurisdiction is South Australia – the Principal
Registrar of the Magistrates Court of South Australia; or
(b) if the other jurisdiction is Western Australia – the registrar of
the Magistrates Court of Western Australia.
19 Modification of section 93 (Application for registration)
After section 93(2)
insert
(3) If a clerk receives from a registrar of a prescribed court of another
participating jurisdiction a copy of an external order as made or
Part 3 Modifications of laws of the Territory
Division 8 Local Court (Criminal Procedure) Act 1928
Cross-border Justice Regulations 2009 7
varied in a cross-border proceeding of that court, the registrar of the
prescribed court is taken to have made an application for
registration of the order on behalf of the protected person named in
the order, unless the order as made or previously varied is already
registered under this Part.
Division 7 Evidence Act 1939
20 Act modified
This Division prescribes modifications to the Evidence Act 1939.
21 Modification of section 49P (Territory entities may take
evidence and submissions from outside Territory)
(1) After section 49P(3)
insert
(3A) If the proceeding is a cross-border proceeding of a prescribed court
of the Territory, for the purpose of taking evidence or receiving a
submission by audiovisual link or audio link from a place in a
participating jurisdiction in accordance with such a direction, the
place is taken to be part of the entity.
(2) Section 49P(4)
omit
The entity
substitute
If subsection (3A) does not apply, the entity
Division 8 Local Court (Criminal Procedure) Act 1928
22 Act modified
This Division prescribes modifications to the Local Court (Criminal
Procedure) Act 1928.
Part 3 Modifications of laws of the Territory
Division 9 Local Court Act 2015
Cross-border Justice Regulations 2009 8
23 Modification of section 20 (Form of warrant)
Section 20(4)
omit, substitute
(4) Every warrant may be executed by apprehending the defendant at
any place:
(a) within the Territory; or
(b) if the defendant has a connection with a cross-border region –
within a participating jurisdiction.
Division 9 Local Court Act 2015
26 Act modified
This Division prescribes modifications to the Local Court Act 2015.
26A Modification of section 6 (Constitution of Court)
After section 6(5)
insert
(6) However, for exercising its cross-border jurisdiction the Court must
be constituted by a Judge.
27 New Part 5, Division 1, Subdivision 3
After section 59A
insert
Subdivision 3 Cross-border Judges
59B Appointment of cross-border Judges
(1) If the Administrator is of the opinion that it is necessary to do so to
facilitate the administration of justice in a cross-border region, the
Administrator may appoint a magistrate of another participating
jurisdiction to be a cross-border Judge.
(2) The instrument of appointment must specify:
(a) the period of the appointment; and
(b) any conditions of the appointment.
Part 3 Modifications of laws of the Territory
Division 10 Mental Health and Related Services Act 1998
Cross-border Justice Regulations 2009 9
(3) The Administrator may vary a matter specified in the instrument of
appointment except the period of appointment.
(4) The conditions of service (including remuneration) of a cross-border
Judge are those that the cross-border Judge is entitled to as a
magistrate of the other participating jurisdiction.
(5) A cross-border Judge ceases to be a cross-border Judge if the
cross-border Judge ceases to be a magistrate of the other
participating jurisdiction.
(6) A reference in this Act, other than sections 50, 53, 54, 55, 59 , 59A
and 66, or in any other Act to a Judge (however appointed) includes
a reference to a cross-border Judge.
(7) In this section:
magistrate, of another participating jurisdiction, does not include a
person who holds the office of magistrate of the other jurisdiction as
a secondary office holder.
Note for section 59B
A cross-border Judge is not required to take an oath of office under section 65 of
the Local Court Act 2015.
Division 10 Mental Health and Related Services Act 1998
29 Act modified
This Division prescribes modifications to the Mental Health and
Related Services Act 1998.
30 New section 13A
After section 13, in Part 3
insert
13A Definition
In this Part:
approved treatment facility means:
(a) a place or premises or a part of a place or premises declared
under section 20(1)(a); or
(b) an approved treatment centre as defined in section 3 of the
Mental Health Act 2009 (SA); or
Part 3 Modifications of laws of the Territory
Division 10 Mental Health and Related Services Act 1998
Cross-border Justice Regulations 2009 10
(c) an authorised hospital as defined in section 4 of the Mental
Health Act 2014 (WA).
31 Modification of section 38 (Examination at approved treatment
facility)
After section 38(3)
insert
(4) In this section:
approved treatment facility means:
(a) a place or premises or a part of a place or premises declared
under section 20(1)(a); or
(b) an approved treatment centre as defined in section 3 of the
Mental Health Act 2009 (SA); or
(c) an authorised hospital as defined in section 4 of the Mental
Health Act 2014 (WA).
authorised psychiatric practitioner means:
(a) a person appointed as an authorised psychiatric practitioner
under section 22; or
(b) a psychiatrist as defined in section 3 of the Mental Health
Act 2009 (SA); or
(c) a psychiatrist as defined in section 4 of the Mental Health
Act 2014 (WA).
32 New section 38A
Before section 39, in Part 6, Division 2
insert
38A Definitions
In this Division:
approved treatment facility means:
(a) a place or premises or a part of a place or premises declared
under section 20(1)(a); or
(b) an approved treatment centre as defined in section 3 of the
Mental Health Act 2009 (SA); or
Part 3 Modifications of laws of the Territory
Division 10 Mental Health and Related Services Act 1998
Cross-border Justice Regulations 2009 11
(c) an authorised hospital as defined in section 4 of the Mental
Health Act 2014 (WA).
authorised psychiatric practitioner means:
(a) a person appointed as an authorised psychiatric practitioner
under section 22; or
(b) a psychiatrist as defined in section 3 of the Mental Health
Act 2009 (SA); or
(c) a psychiatrist as defined in section 4 of the Mental Health
Act 2014 (WA).
33 New section 41A
Before section 42, in Part 6, Division 3
insert
41A Definitions
In this Division:
approved treatment facility means:
(a) a place or premises or a part of a place or premises declared
under section 20(1)(a); or
(b) an approved treatment centre as defined in section 3 of the
Mental Health Act 2009 (SA); or
(c) an authorised hospital as defined in section 4 of the Mental
Health Act 2014 (WA).
authorised psychiatric practitioner means:
(a) a person appointed as an authorised psychiatric practitioner
under section 22; or
(b) a psychiatrist as defined in section 3 of the Mental Health
Act 2009 (SA); or
(c) a psychiatrist as defined in section 4 of the Mental Health
Act 2014 (WA).
Part 3 Modifications of laws of the Territory
Division 10 Mental Health and Related Services Act 1998
Cross-border Justice Regulations 2009 12
34 New Part 10, Division 1A
Before Part 10, Division 1
insert
Division 1A Definitions
73AA Definitions
In this Part:
approved temporary treatment facility means:
(a) a place or premises or a part of a place or premises declared
under section 20(1)(b); or
(b) an approved treatment centre as defined in section 3 of the
Mental Health Act 2009 (SA); or
(c) an authorised hospital as defined in section 4 of the Mental
Health Act 2014 (WA).
approved treatment facility means:
(a) a place or premises or a part of a place or premises declared
under section 20(1)(a); or
(b) an approved treatment centre as defined in section 3 of the
Mental Health Act 2009 (SA); or
(c) an authorised hospital as defined in section 4 of the Mental
Health Act 2014 (WA).
authorised psychiatric practitioner means:
(a) a person appointed as an authorised psychiatric practitioner
under section 22; or
(b) a psychiatrist as defined in section 3 of the Mental Health
Act 2009 (SA); or
(c) a psychiatrist as defined in section 4 of the Mental Health
Act 2014 (WA).
designated mental health practitioner means:
(a) a person appointed to be a designated mental health
practitioner under section 23; or
Part 3 Modifications of laws of the Territory
Division 10A Personal Violence Restraining Orders Act 2016
Cross-border Justice Regulations 2009 13
(b) an authorised mental health practitioner as defined in
section 4 of the Mental Health Act 2014 (WA).
outpatient assessment means an assessment (whether in the
Territory or a participating jurisdiction) that is not carried out at an
approved treatment facility or approved temporary treatment facility.
person-in-charge, of an approved treatment facility or approved
temporary treatment facility, means:
(a) for a facility in the Territory – a person appointed as the
person-in-charge of the facility under section 21(1) or the
person otherwise in charge of the facility; or
(b) for a facility in South Australia – the director of the facility; or
(c) for a facility in Western Australia – the person in charge of the
facility.
practitioner means an authorised psychiatric practitioner, medical
practitioner or designated mental health practitioner.
35 Modification of section 74 (Pre-assessment advice)
Section 74(4)
omit
36 Modification of section 74A (Assessment order and report)
Section 74A(9)
omit
Division 10A Personal Violence Restraining Orders Act 2016
36A Act modified
This Division prescribes modifications to the Personal Violence
Restraining Orders Act 2016.
Part 3 Modifications of laws of the Territory
Division 11 Police Administration Act 1978
Cross-border Justice Regulations 2009 14
36B New section 14A
After section 14
insert
14A Notice of order made in cross-border proceeding
(1) This section applies in relation to a personal violence restraining
order made by a prescribed court of the Territory if:
(a) the order is made or varied in a cross-border proceeding for
the purposes of which the defendant has a connection with a
cross-border region; and
(b) the protected person indicates at the time the order is made or
varied that the person wants the order as made or varied to be
registered under the restraining orders laws of another
participating jurisdiction; and
(c) the region is partly in the other jurisdiction.
(2) A registrar must give a copy of the order as made or varied to:
(a) if the other jurisdiction is South Australia – the Principal
Registrar of the Magistrates Court of South Australia; or
(b) if the other jurisdiction is Western Australia – the registrar of
the Magistrates Court of Western Australia.
Division 11 Police Administration Act 1978
37 Act modified
This Division prescribes modifications to the Police Administration
Act 1978.
38 Modification of section 4 (Interpretation)
section 4(1)
insert (in alphabetical order)
justice of the peace includes a Local Court Judge of the Territory
in another participating jurisdiction.
Part 3 Modifications of laws of the Territory
Division 11 Police Administration Act 1978
Cross-border Justice Regulations 2009 15
39 Modification of section 125 (Power to arrest interstate
offenders)
After section 125(3)
insert
(4) To avoid doubt, a proceeding under this section in respect of an
offence to which this section applies is only a cross-border offence
if:
(a) the offence is an offence under the law of another participating
jurisdiction; and
(b) the person arrested for the offence has a connection with a
cross-border region that is partly in the other jurisdiction.
40 Modification of section 132 (Continued detention of person
taken into custody under section 128)
Section 132(1)
insert (in alphabetical order)
member of the Police Force of or above the rank of
superintendent includes a police officer of another participating
jurisdiction who holds:
(a) the rank of superintendent or a higher rank; and
(b) a secondary office as a police officer of the Territory.
41 New section 143A
Before section 144, in Part VII, Division 7
insert
143A References to rank
In this Division, a reference to a member of the Police Force
holding a particular rank or a higher rank includes a reference to a
police officer of another participating jurisdiction who holds:
(a) the rank or a higher rank; and
(b) a secondary office as a police officer of the Territory.
Part 3 Modifications of laws of the Territory
Division 13 Prisoners (Interstate Transfer) Act 1983
Cross-border Justice Regulations 2009 16
43 Modification of section 147G (Definitions)
Section 147G, definition senior member
omit, substitute
senior member means:
(a) a police officer who holds the rank of superintendent or a
higher rank; or
(b) a police officer of another participating jurisdiction who holds:
(i) the rank of superintendent or a higher rank; and
(ii) a secondary office as a police officer of the Territory.
Division 13 Prisoners (Interstate Transfer) Act 1983
46 Act modified
This Division prescribes modifications to the Prisoners (Interstate
Transfer) Act 1983.
47 New section 4A
After section 4, in Part I
insert
4A Relationship with cross-border laws
This Act does not apply in relation to the transfer from the Territory
to another participating jurisdiction of a person who:
(a) is serving a sentence of imprisonment in the Territory under a
warrant of commitment issued under:
(i) the Cross-border Justice Act 2009; or
(ii) the Cross-border Justice Act 2009 (SA); or
(iii) the Cross-border Justice Act 2008 (WA); and
(b) has a connection with a cross-border region that is partly in
the other jurisdiction.
Part 3 Modifications of laws of the Territory
Division 13 Prisoners (Interstate Transfer) Act 1983
Cross-border Justice Regulations 2009 17
48 New section 5AA
Before section 5, in Part II
insert
5AA Application of this Part to Territory prisoners imprisoned in
another participating jurisdiction
This Division applies in relation to a person who is serving in
another participating jurisdiction a Territory sentence of
imprisonment under a warrant of commitment issued under the
Cross-border Justice Act 2009 as if the person were a Territory
prisoner serving a sentence of imprisonment in the Territory.
49 New section 7A
After section 7
insert
7A Effect of orders under this Part on persons imprisoned under
law of another participating jurisdiction
(1) Subsection (3) applies in relation to a person who is serving in the
Territory:
(a) a Territory sentence of imprisonment; and
(b) a sentence of imprisonment under a warrant of commitment
issued under:
(i) the Cross-border Justice Act 2009 (SA); or
(ii) the Cross-border Justice Act 2008 (WA).
(2) Subsection (3) also applies in relation to a person who is serving in
another participating jurisdiction:
(a) a Territory sentence of imprisonment under a warrant of
commitment issued under the Cross-border Justice Act 2009;
and
(b) a sentence of imprisonment under the law of another
participating jurisdiction.
Part 3 Modifications of laws of the Territory
Division 14 Sentencing Act 1995
Cross-border Justice Regulations 2009 18
(3) An order of transfer issued under this Part (a Territory order) in
relation to a person mentioned in subsection (1) or (2) has no
effect:
(a) to the extent that, but for this subsection, it authorises or
requires the doing of an act or thing under this Act in relation
to the person in the person’s capacity as a person on whom a
sentence of imprisonment under the law of the jurisdiction
mentioned in subsection (1)(b) or (2)(b) has been imposed;
and
(b) unless and until an order of transfer corresponding to the
Territory order is in force under the interstate law of that
jurisdiction.
Division 14 Sentencing Act 1995
50 Act modified
This Division prescribes modifications to the Sentencing Act 1995.
51 Modification of section 3 (Interpretation)
(1) Section 3(1), definitions custodial correctional facility, hospital
and probation and parole officer
omit
(2) Section 3(1)
insert (in alphabetical order)
custodial correctional facility means:
(a) a custodial correctional facility as defined in section 11(1)(a) of
the Correctional Services Act 2014; or
(b) a prison in another participating jurisdiction under its
cross-border laws.
hospital means:
(a) a hospital as defined in section 5 of the Medical Services
Act 1982; or
(b) an incorporated hospital as defined in section 3(1) of the
Health Care Act 2008 (SA); or
(c) a public hospital as defined in section 2(1) of the Private
Hospitals and Health Services Act 1927 (WA).
Part 3 Modifications of laws of the Territory
Division 14 Sentencing Act 1995
Cross-border Justice Regulations 2009 19
probation and parole officer means:
(a) a probation and parole officer as defined in section 4 of the
Correctional Services Act 2014; or
(b) a community corrections officer of another participating
jurisdiction.
52 New section 36A
After section 36
insert
36A Hours of community service under non-custodial orders made
in cross-border proceedings
(1) This section applies if an offender:
(a) is convicted of one or more offences in a cross-border
proceeding of a prescribed court of the Territory; and
(b) the court makes a community correction order or intensive
community correction order for one or more of those offences
under which the offender is required to participate in an
approved project.
(2) If, at the time of conviction, the offender is performing or yet to
perform community service under one 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 participation in an approved project under each of
the community correction orders or intensive community correction
orders mentioned in subsection (1)(b) (the Territory orders) unless
the court specifies differently under subsection (3).
(3) The court may specify that the number of hours of participation in
an approved project to be performed under one or more of the
Territory orders is in addition to any community service the offender
has to perform under the interstate orders.
(4) For subsection (3), an offender cannot do the additional hours of
work under a Territory 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.
Part 3 Modifications of laws of the Territory
Division 14 Sentencing Act 1995
Cross-border Justice Regulations 2009 20
(5) To avoid doubt, section 36(2):
(a) applies in relation to participation in an approved project under
a community correction order or intensive community
correction order of the Territory; and
(b) does not apply in relation to community service performed
under non-custodial orders of another participating jurisdiction.
53 New section 51A
After section 51
insert
51A Commencement of sentences imposed in cross-border
proceedings
(1) This section applies if an offender:
(a) is convicted of one or more offences in a cross-border
proceeding of a prescribed court of the Territory; and
(b) is sentenced to imprisonment for one or more of those
offences.
(2) If, at the time of conviction, the offender is serving or yet to serve
one or more sentences of imprisonment under the law of another
participating jurisdiction (the interstate sentences), each of the
sentences mentioned in subsection (1)(b) (the Territory
sentences) must be served concurrently with the interstate
sentences unless the court specifies differently under
subsection (3).
(3) The court may specify when one or more of the Territory sentences
commences.
(4) For subsection (3):
(a) none of the Territory sentences can commence later than the
end of the last interstate sentence to end; and
(b) if a non-parole period applies in respect of any of the interstate
sentences – the first Territory sentence to commence after the
end of the non-parole period must commence immediately
after the end of that period.
Part 3 Modifications of laws of the Territory
Division 14 Sentencing Act 1995
Cross-border Justice Regulations 2009 21
54 Modification of section 64 (Further sentence if person on
parole)
Section 64(1)(a)
omit
the Territory
substitute
a participating jurisdiction
55 Modification of section 78P (Interpretation)
Section 78P
omit, substitute
78P Interpretation
(1) In this Part:
approved treatment facility means:
(a) an approved treatment facility as defined in section 4 of the
Mental Health and Related Services Act 1998; or
(b) an approved treatment centre as defined in section 3 of the
Mental Health Act 2009 (SA); or
(c) an authorised hospital as defined in section 4 of the Mental
Health Act 2014 (WA).
authorised psychiatric practitioner means:
(a) an authorised psychiatric practitioner as defined in section 4 of
the Mental Health and Related Services Act 1998; or
(b) a psychiatrist as defined in section 3 of the Mental Health
Act 2009 (SA); or
(c) a psychiatrist as defined in section 4 of the Mental Health
Act 2014 (WA).
offence includes an aggravated property offence.
(2) Subject to subsection (1), a word or phrase used in this Part that is
defined in the Mental Health and Related Services Act has the
meaning given in that Act.
Part 3 Modifications of laws of the Territory
Division 15 Traffic Act 1987
Cross-border Justice Regulations 2009 22
56 Modification of section 108 (Time and place of sentence)
(1) Section 108(1)
omit, substitute
(1) The sentence for an offence may be imposed in open court at any
time and place in a participating jurisdiction.
(2) Section 108(3)(b)
omit, substitute
(b) make an order or orders for the removal in custody of the
person from one place in a participating jurisdiction to another.
Division 15 Traffic Act 1987
57 Act modified
This Division prescribes modifications to the Traffic Act 1987.
58 Modification of section 3 (Interpretation)
(1) Section 3(1), definitions authorized analyst, health centre and
hospital
omit
(2) Section 3(1)
insert (in alphabetical order)
authorised analyst means:
(a) a person authorised under this Act to be an analyst; or
(b) an analyst as defined in section 47A(1) of the Road Traffic
Act 1961 (SA); or
(c) an analyst as defined in section 65 of the Road Traffic
Act 1974 (WA).
hospital means:
(a) a hospital declared under section 6(2) of the Medical Services
Act 1982; or
(b) an incorporated hospital as defined in section 3(1) of the
Health Care Act 2008 (SA); or
Part 3 Modifications of laws of the Territory
Division 16 Youth Justice Act 2005
Cross-border Justice Regulations 2009 23
(c) a public hospital as defined in section 2(1) of the Private
Hospitals and Health Services Act 1927 (WA).
60 Modification of 29AAK (Taking of sample of blood)
(1) Section 29AAK(3)
omit
hospital for examination
substitute
hospital in the Territory for examination
(2) Section 29AAK(4)
omit, substitute
(4) For the purpose of analysis by an authorised analyst, a medical
practitioner, registered nurse or member of the staff of a hospital
who is under the direct supervision of a medical practitioner or
registered nurse may:
(a) take a sample of blood from a person who:
(i) has apparently attained the age of 15 years; and
(ii) enters the hospital for examination or treatment of
injuries which may have been received in a car crash;
and
(iii) is unconscious or apparently incapable of consenting to
the taking of the sample; or
(b) require a person to give a sample of blood who:
(i) has apparently attained the age of 15 years; and
(ii) enters a hospital for examination or treatment of injuries
which may have been received in a car crash.
Division 16 Youth Justice Act 2005
61 Act modified
This Division prescribes modifications to the Youth Justice
Act 2005.
Part 3 Modifications of laws of the Territory
Division 16 Youth Justice Act 2005
Cross-border Justice Regulations 2009 24
62 Modification of section 5 (Interpretation)
(1) Section 5(1), definitions custodial correctional facility and
detention centre
omit
(2) Section 5(1)
insert (in alphabetical order)
custodial correctional facility means:
(a) a custodial correctional facility as defined in section 11(1)(a) of
the Correctional Services Act 2014; or
(b) a prison in another participating jurisdiction under its
cross-border laws.
detention centre means:
(a) a youth detention centre approved under section 148; or
(b) a detention centre in another participating jurisdiction under its
cross-border laws.
64 Modification of section 39 (Diversion of youth)
Section 39(3)(a)
omit
the Territory
substitute
a participating jurisdiction
65 Modification of section 52 (Jurisdiction of Youth Justice Court)
Section 52(1)(b)
omit (first reference)
the Territory
substitute
a participating jurisdiction
Part 4 Miscellaneous matters
Cross-border Justice Regulations 2009 25
66 Modification of section 107 (Breath analysis)
Section 107(3)
omit, substitute
(3A) However, a breath analysis carried out in accordance with the drink
or drug-driving laws of another participating jurisdiction is taken to
have been carried out in accordance with subsection (3).
66A Modification of section 140AA (Community youth justice
officers)
After section 140AA(1)
insert
(1A) The following persons are also community youth justice officers for
this Act:
(a) an officer of the Department, as defined in the Young
Offenders Act 1993 (SA), whose duties include the
supervision of offenders in the community under that Act;
(b) an officer of the Department, as defined in the Young
Offenders Act 1994 (WA), whose duties include the
supervision of offenders in the community under that Act.
Part 4 Miscellaneous matters
67 Authorised officers
For the definition 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.
68 Custodial orders – recommendation about place of custody
A judicial officer or registrar who issues:
(a) a warrant of commitment under section 98 of the Act; or
(b) a remand warrant under section 100 of the Act;
Part 5 Transitional matters for Local Court (Repeals and Related Amendments) Act
2016
Cross-border Justice Regulations 2009 26
may note on the warrant any recommendation about the place at
which the person is the subject of the warrant should be kept in
custody under the warrant.
69 Application of Youth Justice Act 2005
For section 106 of the Act, Parts 8 to 10 of the Youth Justice
Act 2005 do not apply in relation to a person in custody in a
detention centre in another participating jurisdiction under Part 10 of
the Cross-border Justice Act 2009.
70 Calculation of reduction in amount of fines
For section 127(2)(c)(iii) of the Act, the amount by which a fine is
reduced because an offender has performed work under a
community work order issued under Part 5, Division 9 of the Fines
Enforcement Act must be calculated in accordance with
regulation 14 of the Fines and Penalties (Recovery)
Regulations 2001.
Part 5 Transitional matters for Local Court (Repeals
and Related Amendments) Act 2016
71 Continuation of appointment of cross-border magistrate
(1) This regulation applies to a magistrate of another participating
jurisdiction appointed by the Administrator to be a cross-border
magistrate under section 13B of the Magistrates Act 1977, as
modified by these Regulations in force immediately before the
commencement.
(2) The cross-border magistrate is taken to be a cross-border Judge
under section 59A of the Local Court Act 2015, as modified by
these Regulations after the commencement.
(3) The cross-border Judge holds office:
(a) for the remainder of the period specified in the appointment
mentioned in subregulation (1); and
(b) on the same conditions, if any, as applied to the appointment.
(4) In this regulation:
commencement means the commencement of the Part 5,
Division 7 of the Local Court (Repeals and Related Amendments)
Act 2016.
Schedule NT/SA/WA region
Cross-border Justice Regulations 2009 27
Schedule NT/SA/WA region
regulation 3
Part 1 Description – NT/SA/WA region boundary
The NT/SA/WA 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.
Point no. Longitude (E) Latitude (S)
1 124°40'9.726" -23°26'26.696"
2 126°29'59.085" -23°26'50.559"
3 126°30'2.638" -22°30'0.724"
4 129°59'43.09" -22°29'59.842"
5 130°0'0.315" -22°59'58.596"
6 131°59'59.524" -22°59'59.741"
7 132°0'3.867" -24°0'0.641"
8 132°29'45.2" -24°0'5.62"
9 132°30'4.694" -24°29'40.966"
10 134°30'1.249" -24°30'0.759"
11 134°30'4.258" -25°0'5.185"
12 135°30'0.12" -25°0'1.22"
13 135°30'7.027" -26°59'43.989"
14 134°30'13.305" -27°0'11.385"
15 134°30'51.407" -28°0'11.092"
16 127°30'0.049" -28°0'0.49"
17 127°30'3.326" -26°45'5.594"
18 124°39'56.52" -26°44'1.484"
Note
Coordinate references are to Geocentric Datum of Australia 1994 (GDA94) coordinates.
Schedule NT/SA/WA region
Cross-border Justice Regulations 2009 28
Part 2 Areas in which police officers stationed or
carry out duties
ENDNOTES
Cross-border Justice Regulations 2009 29
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Cross-border Justice Regulations (SL No. 33, 2009)
Notified 29 October 2009
Commenced pt 3, div 16 and r 69: 1 December 2009;
rem: 1 November 2009 (r 2)
Health Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18,
2010)
Assent date 20 May 2010
Commenced 1 July 2010 (s 2)
Cross-border Justice Amendment Regulations 2012 (SL No. 48, 2012)
Notified 14 December 2012
Commenced 1 January 2013 (r 2, s 2 Evidence (National Uniform
Legislation Act 2011 (Act No. 33, 2011) and Gaz G51,
19 December 2012, p 4)
Correctional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,
2014)
Assent date 4 September 2014
Commenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)
Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016)
Assent date 6 April 2016
Commenced 1 May 2016 (Gaz S, 29 April 2016)
Personal Violence Restraining Orders Act 2016 (Act No. 10, 2016)
Assent date 29 April 2016
Commenced pt 4, div 5: 29 April 2016; rem: 1 May 2016 (s 2, s 2 Local
Court (Repeals and Related Amendments) Act 2016 (Act
No. 9, 2016) and Gaz S34, 29 April 2016)
ENDNOTES
Cross-border Justice Regulations 2009 30
Statute Law Revision Act 2017 (Act No. 4, 2017)
Assent date 10 March 2017
Commenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)
Youth Justice Legislation Amendment Act 2017 (Act No. 19, 2017)
Assent date 30 October 2017
Commenced 5 January 2018 (Gaz G51, 20 December 2017, p 4)
Youth Justice Legislation Amendment Act 2018 (Act No. 12, 2018)
Assent date 23 May 2018
Commenced 24 May 2018 (s 2)
Medical Services Amendment Act 2019 (Act No. 17, 2019)
Assent date 30 May 2019
Commenced 31 May 2019 (s 2)
Cross-border Justice Amendment Regulations 2022 (SL No. 13, 2022)
Notified 28 September 2022
Commenced 28 September 2022
Justice and Other Legislation Amendment Act 2024 (Act No. 4, 2024)
Assent date 14 March 2024
Commenced pt 5, div 1: 30 October 2023 (s 2(2));
pt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and Other
Legislation Amendment Act 2022 (Act No. 28, 2022) and
Gaz S19, 22 March 2024); pt 4: 25 March 2024 (s 2(4), s 2
Criminal Justice Legislation Amendment (Sexual Offences)
Act 2023 (Act No. 20, 2023) and Gaz S20, 22 March 2024);
rem: 15 March 2024 (s 2(1))
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22 of 2018) to: rr 1, 7, 8, 13, 14A, 15, 17, 20,
22, 26, 29, 36A, 37, 46, 47, 48, 49, 50, 51, 55, 57, 58, 61, 62, 69, 70 and 71.
4 LIST OF AMENDMENTS
pt 3
div 2 hdg rep Act No. 9, 2016, s 81
rr 5 – 6 rep Act No. 9, 2016, s 81
r 8 amd Act No. 27, 2014, s 8; Act No. 9, 2016, s 82
r 10 amd Act No. 9, 2016, s 83
pt 3
div 4A hdg ins Act No. 27, 2014, s 9
rr 14A – 14C ins Act No. 27, 2014, s 9
r 16 amd Act No. 9, 2016, s 84
r 19 amd Act No. 9, 2016, s 85
r 21 amd No. 48, 2012, r 4
pt 3
div 8 hdg amd Act No. 9, 2016, s 86
r 22 amd Act No. 9, 2016, s 87
r 24 rep Act No. 9, 2016, s 88
r 25 rep Act No. 10, 2016, s 28
ENDNOTES
Cross-border Justice Regulations 2009 31
pt 3
div 9 hdg sub Act No. 9, 2016, s 89
r 26 sub Act No. 9, 2016, s 89
r 26A ins Act No. 9, 2016, s 89
r 27 sub Act No. 9, 2016, s 89
amd No. 13, 2022, r 4
r 28 rep Act No. 9, 2016, s 89
r 30 amd No. 13, 2022, r 5
r 31 amd No. 13, 2022, r 6
r 32 sub Act No. 18, 2010, s 27
amd No. 13, 2022,r 7
r 33 sub Act No. 18, 2010, s 27
amd No. 13, 2022, r 8
r34 sub Act No. 18, 2010, s 27
amd No. 13, 2022, r 9
pt 3
div 10A ins Act No. 10, 2016, s 29
r 37 ins Act No. 10, 2016, s 29
renum Act No. 4, 2017, s 4
r 38 ins Act No. 10, 2016, s 29
renum Act No. 4, 2017, s 5
r 38 sub Act No. 9, 2016, s 90
r 40 sub Act No. 18, 2010, s 28
r 42 rep Act No. 18, 2010, s 29
pt 3
div 12 hdg rep Act No. 27, 2014, s 10
rr 44 – 45 rep Act No. 27, 2014, s 10
r 51 sub Act No. 27, 2014, s 11
amd No. 13, 2022, r 10
r 52 amd Act No. 4, 2024, s 66
r 54 amd Act No. 4, 2024, s 67
r 55 amd No. 13, 2022, r 11
r 58 sub Act No. 18, 2010, s 30
amd Act No. 17, 2019, s 14; No. 13, 2022, r 12
r 59 sub Act No. 18, 2010, s 30
r 62 sub Act No. 18, 2010, s 31; Act No. 27, 2014, s 12
r 63 amd Act No. 27, 2014, s 13; Act No. 19, 2017, s 39
rep Act No. 12, 2018, s 24
r 66A ins Act No. 12, 2018, s 25
pt 5 hdg ins Act No. 9, 2016, s 91
r 71 ins Act No. 9, 2016, s 91