South Australian Current Regulations

CROSS-BORDER JUSTICE REGULATIONS 2024

- under the Cross-border Justice Act 2009

TABLE OF PROVISIONS

   PART 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation

   PART 2--Cross-border regions

   4.      WA/SA/NT region

   PART 3--General

   5.      Definitions (section 7)
           6. Custody orders--recommendation about place of custody
   7.      Calculation of reduction in amount of fines (section 130)

   PART 4--Modifications of other laws of State

           Division 1--Interpretation

   8.      Terms used in modifications
   9.      Modification provisions

           Division 2--Modifications of Bail Act 1985

   10.     Amendment of section 3--Interpretation
   11.     Insertion of section 3AA
           3AA Application to persons in custody in participating jurisdictions
   12.     Amendment of section 5--Bail authorities
   13.     Amendment of section 6--Nature of bail agreement
   14.     Amendment of section 7--Guarantee of bail
   15.     Amendment of section 11--Conditions of bail

           Division 3--Modifications of Correctional Services Act 1982

   16.     Amendment of section 4--Interpretation
   17.     Insertion of section 65
           65 Division does not apply to cross-border prisoners

           Division 4--Modifications of Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007

   18.     Amendment of section 3--Interpretation

           Division 5--Modifications of Criminal Law Consolidation Act 1935

   19.     Substitution of section 269V
           269V Custody, supervision and care

           Division 6--Modifications of Criminal Law (Forensic Procedures) Act 2007

   20.     Amendment of section 3--Interpretation

           Division 7--Modifications of Criminal Procedure Act 1921

   21.     Insertion of section 30
           30 Representation of prosecuting authority
   22.     Amendment of section 69A--Examination of defendant
   23.     Amendment of section 99H--Registration of foreign restraining orders
   24.     Insertion of sections 99HA and 99HB
           99HA Notification of restraining orders made in cross-border proceedings
           99HB Enforcement of unregistered foreign restraining orders

           Division 8--Modifications of Evidence Act 1929

   25.     Insertion of section 59IPA
   59IPA.  Application of Division
   26.     Amendment of section 59IQ--Appearance etc by audio visual link or audio link

           Division 9--Modifications of Fines Enforcement and Debt Recovery Act 2017

   27.     Amendment of section 46--Community service and approved treatment program orders

           Division 10--Modifications of Magistrates Act 1983

   28.     Insertion of section 5A
           5A Cross-border magistrates

           Division 11--Modifications of Magistrates Court Act 1991

   29.     Amendment of section 7A--Constitution of Court
   30.     Substitution of section 23
           23. Production of persons held in custody

           Division 12--Modifications of Oaths Act 1936

   31.     Amendment of section 7--Oaths to be taken by judicial officers

           Division 13--Modifications of Police Act 1998

   32.     Substitution of section 59
           59 Appointment of special constables

           Division 14--Modifications of Police Regulations 2014

   33.     Amendment of regulation 81--Interpretation
   34.     Substitution of regulation 84
           84 Illness or injury of prisoners

           Division 15--Modifications of Prisoners (Interstate Transfer) Act 1982

   35.     Insertion of section 6A
           6A Relationship with cross-border laws
   36.     Insertion of section 6B
   6B.     Application of this Part to State prisoners imprisoned in another participating jurisdiction
   37.     Insertion of section 8A
   8A.     Effect of orders under this Part on persons imprisoned under law of another participating jurisdiction

           Division 16--Modifications of Road Traffic Act 1961

   38.     Amendment of section 5--Interpretation
   39.     Amendment of section 41D--Use of equipment to examine or process things

           Division 17--Modifications of Sentencing Act 2017

   40.     Amendment of section 5--Interpretation
   41.     Insertion of section 44A
           44A Commencement of sentences imposed in cross-border proceedings
   42.     Insertion of section 105A
   105A.   Hours of community service under non-custodial orders made in cross-border proceedings
   43.     Amendment of section 106--Provisions relating to supervision in the community

           Division 18--Modifications of Summary Offences Act 1953

   44.     Amendment of section 78--Person apprehended without warrant--how dealt with
   45.     Amendment of section 78A--Power of arrest in cases of certain offences committed outside the State
   46.     Repeal of section 80
           47. Repeal of sections 83B to 83C

           Division 19--Modifications of Young Offenders Act 1993

   48.     Amendment of section 4--Interpretation
   49.     Insertion of section 4B
   4B.     Ex officio juvenile justice officers
   50.     Amendment of section 23--Limitation on power to impose custodial sentence
   51.     Amendment of section 36--Detention of youth sentenced as adult
   52.     Amendment of section 40A--Leave may be authorised by Board
   53.     Amendment of section 41A--Conditional release from detention
   54.     Amendment of section 41C--What happens if youth fails to observe condition of release
   55.     Substitution of section 59
   59.     Detention and search by officers of Departmentjuvenile justice officers
   56.     Substitution of section 59A
           59A Power of arrest by officers of the Departmentjuvenile justice officers
   57.     Substitution of section 60
           60 Hindering an officer of the Departmenta juvenile justice officer

           Division 20--Modification of Youth Court Act 1993

   58.     Amendment of section 14--Constitution of Court
           SCHEDULE 1--WA/SA/NT region
           SCHEDULE 2--Repeal of Cross-border Justice Regulations 2009
           Legislative history