Western Australian Numbered Acts Western Australian Numbered Acts
TABLE OF PROVISIONS
Long Title
Preamble
PART 1 -- Introduction
Division 1 -- Preliminary matters
1. Short title
2. Commencement
3. Act binds Crown
Division 2 -- Object of this Act
4. Act gives effect to cooperative schemes
5. Object of Act and how it is to be achieved
6. How this Act is to be construed
Division 3 -- Interpretation
7. Terms used in this Act
8. Meaning of “cross-border laws”
9. Persons who exercise powers are office holders
10. References to office holders
11. References to written laws of another participating jurisdiction
12. Use of notes and examples
Division 4 -- Modifications of other laws of State
13. Appropriate modifications
14. Effect of modifications
Division 5 -- Relationship between State’s cross-border laws and other laws
15. Law of another participating jurisdiction: office holders, prescribed courts, persons serving sentences
16. Law of another participating jurisdiction: other persons required to do things
17. Service and Execution of Process Act 1992 (Commonwealth)
Division 6 -- Application
18. Offences, orders and requirements in relation to which State’s cross-border laws apply
PART 2 -- Cross-border regions
Division 1 -- Prescribing cross-border regions
19. Cross-border regions to be prescribed
Division 2 -- Connection with a cross-border region
20. Persons suspected of, alleged to have committed or found guilty of offences
21. Persons against whom orders of prescribed courts are in force
22. Connection for purposes of making restraining orders
23. Persons serving sentences or carrying out orders in respect of offences or alleged offences
24. Other persons required to do things
25. Connections are not mutually exclusive
Division 3 -- Proving connection with a cross-border region
26. Meaning of “proceeding”
27. Onus of proving person’s whereabouts at time of arrest
28. Onus of proving person’s residency during cross-border proceeding
Division 4 -- Multiple cross-border regions
29. Application of this Division
30. Office holders, prescribed courts, persons serving sentences
31. Other persons required to do things
PART 3 -- Police officers of State exercising powers in another participating jurisdiction
Division 1 -- Powers generally
32. Arrest without warrant
33. Arrest under warrant
34. Person taken into custody
35. Investigation of suspected or alleged offence or breach of order
36. Return of person not charged to place of arrest or other place
37. Relationship of this Part with Criminal Investigation (Extra-territorial Offences) Act 1987
Division 2 -- Road traffic powers
Subdivision 1 -- Vehicle or driver licensing laws
38. Powers in relation to offences
39. Other powers
Subdivision 2 -- Drink or drug-driving laws
40. Terms used in this Subdivision
41. Conduct of preliminary alcohol or drug test in cross-border region
42. Powers that may be exercised in another participating jurisdiction
43. Providing or taking sample in another participating jurisdiction
44. Preliminary alcohol or drug test cannot be conducted in another participating jurisdiction
Subdivision 3 -- Vehicle impounding laws
45. Powers
Subdivision 4 -- Miscellaneous matters
46. Law of State applies
47. Relationship with Division 1
Division 3 -- Restraining orders laws
48. Meaning of “WA police order”
49. Making of WA police orders
50. Enforcement of WA police orders
Division 4 -- Offence
51. Offence to interfere with exercise of power
PART 4 -- Police officers of another participating jurisdiction exercising powers in State
Division 1 -- Powers generally
52. Arrest without warrant
53. Arrest under warrant
54. Person taken into custody
55. Investigation of suspected or alleged offence or breach of order
56. Relationship of this Division with Criminal Investigation (Identifying People) Act 2002 Part 12
Division 2 -- Road traffic powers
Subdivision 1 -- Vehicle or driver licensing laws
57. Powers in relation to offences
58. Other powers
Subdivision 2 -- Drink or drug-driving laws
59. Powers that may be exercised in State
60. Preliminary alcohol or drug test cannot be conducted in State
Subdivision 3 -- Vehicle impounding laws
61. Powers
Subdivision 4 -- Miscellaneous matters
62. Law of State does not apply
63. Relationship with Division 1
Division 3 -- Restraining orders laws
64. Meaning of “NT police order”
65. Making NT police orders
66. Enforcement of NT police orders
PART 5 -- Prescribed courts of State exercising cross-border jurisdiction
Division 1 -- Preliminary matters
67. Operation of courts outside State not limited
Division 2 -- Jurisdiction and powers of courts
68. Proceedings that may be heard in another participating jurisdiction
69. Exercise of jurisdiction and powers
70. Practice and procedure
71. Rules of evidence
72. Offence to fail to comply with order, judgment, warrant or summons
Division 3 -- Miscellaneous matters relating to cross-border proceedings
73. Legal practitioners of another participating jurisdiction entitled to appear etc.
74. Court documents may be lodged, served or issued in another participating jurisdiction
75. Court documents in wrong form do not invalidate proceedings or decisions
76. Application of Court Security and Custodial Services Act 1999
77. Law of State applies
Division 4 -- Registration of interstate restraining orders
78. Part 2 Divisions 2 and 4 do not apply
79. Terms used in this Division
80. Registration of SA restraining orders under WA law
81. Registration of NT restraining orders under WA law
PART 6 -- Prescribed courts of another participating jurisdiction exercising cross-border jurisdiction
Division 1 -- Jurisdiction and powers of courts
82. Proceedings that may be heard in State
83. Exercise of jurisdiction and powers
Division 2 -- Miscellaneous matters relating to cross-border proceedings
84. Exception to Criminal Code Act 1913 section 4
85. Privileges, protection and immunity of participants in proceedings
86. Court documents may be lodged, served or issued in State
87. Application of Court Security and Custodial Services Act 1999
88. Law of State does not apply
Division 3 -- Registration of interstate restraining orders
89. Part 2 Divisions 2 and 4 do not apply
90. Registration of WA or NT restraining orders under SA law
91. Registration of WA or SA restraining orders under NT law
PART 7 -- Bail of persons in custody under law of State
92. Police officer of State may exercise powers in another participating jurisdiction
93. Offence to fail to comply with bail undertaking
PART 8 -- Bail of persons in custody under law of another participating jurisdiction
94. Police officer of another participating jurisdiction may exercise powers in State
PART 9 -- Mentally impaired accused
95. Terms used in this Part
96. Persons committed to detention or custody under SA law
97. Persons detained under NT law
PART 10 -- Sentences and orders under law of State
Division 1 -- Custodial sentences and orders
Subdivision 1 -- Sentences of imprisonment or detention
98. Serving sentence in State or another participating jurisdiction
99. Warrant of commitment
Subdivision 2 -- Remand
100. Remanded in custody in State or another participating jurisdiction
101. Remand warrant
102. Law of State applies
Subdivision 3 -- Bring up orders
103. Bringing prisoner or detainee in another participating jurisdiction before judicial body of State
104. Custody of person brought up from prison or detention centre in another participating jurisdiction
Subdivision 4 -- Miscellaneous matters
105. Carrying out custodial orders
106. Application of Court Security and Custodial Services Act 1999
107. Application of Prisons Act 1981
108. Application of Young Offenders Act 1994
Division 2 -- Non-custodial sentences and orders
109. Carrying out non-custodial orders in another participating jurisdiction
110. Conducting diversionary programs for young offenders in another participating jurisdiction
PART 11 -- Sentences and orders under law of another participating jurisdiction
Division 1 -- Custodial sentences and orders
111. Serving sentence of imprisonment or detention in State
112. Remanded in custody in State
113. Carrying out custodial orders
114. Effect of bring up order if person in custody under law of State
115. Application of Court Security and Custodial Services Act 1999
116. Application of Prisons Act 1981
117. Application of Young Offenders Act 1994
Division 2 -- Non-custodial sentences and orders
118. Carrying out non-custodial orders in State
119. Conducting diversionary programs for young offenders in State
PART 12 -- Enforcement of fines
Division 1 -- Preliminary matters
120. Terms used in this Part
Division 2 -- Fines under law of State
121. Request to enforce fine in another participating jurisdiction
122. Effect of making request
123. Receipt of money by Fines Registrar
124. Receipt of money from reciprocating agency
125. Resumption of enforcement by Fines Registrar
Division 3 -- Fines under law of another participating jurisdiction
126. Request to enforce fine in State
127. Effect of registration
128. Receipt of money by reciprocating agency
129. Receipt of money by Fines Registrar
130. Request to cease enforcement of fine
PART 13 -- Office holders of participating jurisdictions
Division 1 -- Holding offices and exercising powers under law of other jurisdictions
131. Secondary office holders and secondary offices
132. Office holders of State may be secondary office holders of another participating jurisdiction
133. Office holders of another participating jurisdiction may be secondary office holders of State
134. Prohibition against holding or exercising powers of another office not breached
135. Terms of appointment of secondary office holders under law of State
Division 2 -- Appointment of magistrates of another participating jurisdiction to be magistrates of State
136. Appointment as magistrates of Magistrates Court
137. Appointment as magistrates of Children’s Court
PART 14 -- Miscellaneous matters
138. Reporting accidents, producing driver’s licences etc. at police stations etc.
139. Application of Inspector of Custodial Services Act 2003
140. Power of Minister to enter agreements
141. Inconsistency between Act and agreement
142. Protection of office holders of State taking action in another participating jurisdiction
143. Protection of office holders of another participating jurisdiction taking action in State
144. Disclosure of information to authorities in another participating jurisdiction
145. Delegation by CEO (corrections)
146. Regulations
147. Review of this Act
PART 15 -- Consequential amendments to other legislation
Division 1 -- Children’s Court of Western Australia Act 1988 amended
148. The Act amended
149. Section 10 amended
150. Section 12 amended
151. Section 13 amended
152. Section 16 amended
153. Section 29 amended
Division 2 -- Magistrates Court Act 2004 amended
154. The Act amended
155. Section 8 amended
156. Section 15 amended
157. Section 26 amended
158. Schedule 1 amended
[Assented to 31 March 2008]