(1) In this Act,
unless the contrary intention appears —
"another participating jurisdiction"
means —
(a)
South Australia; or
(b) the
Northern Territory;
“appropriate modifications”
—
(a) of a
law of the State — has the meaning given in section 13; or
(b) of a
law of another participating jurisdiction — means appropriate
modifications of that law under that other jurisdiction’s cross-border
laws;
“arrest” includes to apprehend and to
take into custody;
“authorised officer” , of a
participating jurisdiction, means —
(a) a
police officer of the jurisdiction; or
(b) an
office holder of the jurisdiction who is prescribed by the regulations;
“bring up order” , of a participating
jurisdiction, means —
(a) if
the jurisdiction is the State —
(i)
an order made under the Prisons Act 1981
section 85; or
(ii)
an order made under section 103; or
(iii)
any other order made under the law of the State directing
that a person who is in custody be brought before a judicial body as defined
in section 103(1);
or
(b) if
the jurisdiction is another participating jurisdiction — a bring up
order of that other jurisdiction under its cross-border laws;
“carry out” , an order, includes to
comply with the requirements of, and to perform the obligations under, the
order;
“CEO (corrections)” means the holder
of the office of chief executive officer of the Public Sector agency
principally assisting the Minister to whom the administration of the
Sentence Administration Act 2003 Part 8 is committed in its
administration;
“community corrections officer” , of a
participating jurisdiction, means —
(a) if
the jurisdiction is the State — a community corrections officer as
defined in the Sentence Administration Act 2003 section 4(2) as
modified by the regulations; or
(b) if
the jurisdiction is another participating jurisdiction — a
community corrections officer of that other jurisdiction under its
cross-border laws;
Note: The definition
of “community corrections officer” is affected by section 10.
“confiscation” includes forfeiture;
"connection with a cross-border region" has the
meaning given in Part 2 Division 2;
“court document” , of a prescribed
court of a participating jurisdiction, means a document that is lodged, served
or issued in a cross-border proceeding of the court;
“cross-border jurisdiction” , of a
prescribed court of a participating jurisdiction, means the court’s
jurisdiction in relation to a cross-border proceeding of the court;
“cross-border laws” , of a
participating jurisdiction, has the meaning given in section 8;
“cross-border proceeding” , of a
prescribed court of a participating jurisdiction, means —
(a) if
the court is a prescribed court of the State — a proceeding of the
court referred to in section 68(2) that may be heard and determined by
that court in another participating jurisdiction under section 68(1); or
(b) if
the court is a prescribed court of another participating
jurisdiction — a cross-border proceeding of that court under that
other jurisdiction’s cross-border laws;
“cross-border region” has the meaning
given in section 19;
“custodial order” , of a participating
jurisdiction, means —
(a) if
the jurisdiction is the State —
(i)
a warrant of commitment issued under section 99; or
(ii)
a remand warrant issued under section 101; or
(iii)
a bring up order of the State;
or
(b) if
the jurisdiction is another participating jurisdiction — a
custodial order of that other jurisdiction under its cross-border laws;
“detention centre” , in a
participating jurisdiction, means —
(a) if
the jurisdiction is the State — a detention centre as defined in
the Young Offenders Act 1994 section 3; or
(b) if
the jurisdiction is another participating jurisdiction — a
detention centre in that other jurisdiction under its cross-border laws;
“drink or drug-driving laws” , of a
participating jurisdiction, means the provisions of the law of the
jurisdiction relating to a person driving or attempting to drive a
vehicle —
(a)
while under the influence of or impaired by alcohol, drugs or both; or
(b)
while alcohol, drugs or both are present in the person’s oral fluid or
blood;
Note: The definition
of “drink or drug-driving laws” is affected by
subsection (2).
“drink or drug-driving offence” ,
under the law of a participating jurisdiction, means an offence under the law
of the jurisdiction the elements of which include a person driving or
attempting to drive a vehicle —
(a)
while under the influence of or impaired by alcohol, drugs or both; or
(b)
while alcohol, drugs or both are present in the person’s oral fluid or
blood;
Note: The definition
of “drink or drug-driving offence” is affected by
subsection (2).
“exercise” , a power, includes to
perform a function or duty;
“juvenile justice officer” , of a
participating jurisdiction, means —
(a) if
the jurisdiction is the State — a juvenile justice officer as
defined in the Young Offenders Act 1994 section 3 as modified by the
regulations; or
(b) if
the jurisdiction is another participating jurisdiction — a juvenile
justice officer of that other jurisdiction under its cross-border laws;
Note: The definition
of “juvenile justice officer” is affected by section 10.
“lodge” , a document, includes to file
a document;
“magistrate” , of a participating
jurisdiction, means —
(a) if
the jurisdiction is the State — a magistrate of a prescribed court
of the State; or
(b) if
the jurisdiction is another participating jurisdiction — a
magistrate of that other jurisdiction under its cross-border laws;
Note: The definition
of “magistrate” is affected by section 10.
“non-custodial order” , of a
participating jurisdiction, means —
(a) if
the jurisdiction is the State —
(i)
a sentence imposed on, or an order made against, a person
in respect of an offence or alleged offence under the law of the State, other
than a sentence or order requiring the person to be kept in custody or to pay
a fine; or
(ii)
an early release order as defined in the
Sentence Administration Act 2003 section 4(2); or
(iii)
an order to attend for work and development issued under
the Fines, Penalties and Infringement Notices Enforcement Act 1994
section 47 or 47A; or
(iv)
a work and development order made under section 48
of that Act;
or
(b) if
the jurisdiction is another participating jurisdiction — a
non-custodial order of that other jurisdiction under its cross-border laws;
“office holder” , of participating
jurisdiction, means —
(a) if
the jurisdiction is the State — a person who holds an office under
the law of the State; or
(b) if
the jurisdiction is another participating jurisdiction — a person
who holds an office under the law of that other jurisdiction;
Note: The definition
of “office holder” is affected by sections 9 and 10.
“participating jurisdiction”
means —
(a) the
State; or
(b)
another participating jurisdiction;
“police officer” , of a participating
jurisdiction, means —
(a) if
the jurisdiction is the State —
(i)
a person who holds office under the Police Act 1892
Part I as a member of the Police Force of Western Australia; or
(ii)
a person who holds office under the Police Act 1892
Part III as a special constable; or
(iii)
a person who holds office under the Police Act 1892
Part IIIA as an Aboriginal police liaison officer;
or
(b) if
the jurisdiction is another participating jurisdiction — a police
officer of that other jurisdiction under its cross-border laws;
Note: The definition
of “police officer” is affected by section 10.
“power” includes a function and a
duty;
“preliminary alcohol or drug test” ,
under a participating jurisdiction’s drink or drug-driving laws, means a
test that may be conducted under those laws for the purpose of providing a
preliminary indication of whether or not alcohol, drugs or both are present in
the blood of the driver or person in charge of a vehicle;
“prescribed court” , of a
participating jurisdiction, means —
(a) if
the jurisdiction is the State —
(i)
the Magistrates Court; or
(ii)
the Children’s Court other than when constituted by
or so as to include a judge;
or
(b) if
the jurisdiction is another participating jurisdiction — a
prescribed court of that other jurisdiction under its cross-border laws;
“prison” , in a participating
jurisdiction, means —
(a) if
the jurisdiction is the State — a prison as defined in the
Prisons Act 1981 section 3(1); or
(b) if
the jurisdiction is another participating jurisdiction — a prison
in that other jurisdiction under its cross-border laws;
“registrar” , of a prescribed court of
a participating jurisdiction, means —
(a) if
the court is a prescribed court of the State — a person who holds
office as a registrar or deputy registrar of the court; or
(b) if
the court is a prescribed court of another participating
jurisdiction — a registrar of that court under that other
jurisdiction’s cross-border laws;
“remand facility” , in a participating
jurisdiction, means a police station, lock up, prison, detention centre or
other place in the jurisdiction in which persons on remand may be kept in
custody;
“restraining order” , of a
participating jurisdiction, means —
(a) if
the jurisdiction is the State — a restraining order or police order
as respectively defined in the Restraining Orders Act 1997
section 3; or
(b) if
the jurisdiction is another participating jurisdiction — a
restraining order of that other jurisdiction under its cross-border laws;
“restraining orders laws” , of a
participating jurisdiction, means —
(a) if
the jurisdiction is the State — the Restraining Orders
Act 1997 ; or
(b) if
the jurisdiction is another participating jurisdiction — the
restraining orders laws of that other jurisdiction under its cross-border
laws;
“secondary office” has the meaning
given in section 131(2);
“secondary office holder” has the
meaning given in section 131(1);
“subsidiary legislation” , of a
participating jurisdiction, means —
(a) if
the jurisdiction is the State — subsidiary legislation as defined
in the Interpretation Act 1984 section 5; or
(b) if
the jurisdiction is another participating jurisdiction — an
instrument made under any written law of that other jurisdiction and having
legislative effect;
“take action” means to do an act or
make an omission;
“vehicle impounding laws” , of a
participating jurisdiction, means the provisions of the law of the
jurisdiction relating to the impounding or confiscation of vehicles used in
connection with driving offences under the law of the jurisdiction;
“vehicle or driver licensing laws” ,
of a participating jurisdiction, means the provisions of the law of the
jurisdiction relating to the licensing of vehicles or drivers;
“written law” , of a participating
jurisdiction, means —
(a) if
the jurisdiction is the State — a written law as defined in the
Interpretation Act 1984 section 5; or
(b) if
the jurisdiction is another participating jurisdiction —
(i)
an Act of that other jurisdiction for the time being in
force; or
(ii)
any subsidiary legislation of that other jurisdiction for
the time being in force.
(2) In
paragraph (b) of the definitions of “drink or drug-driving
laws” and “drink or drug-driving offence”, the reference to
the presence of alcohol in a person’s oral fluid or blood includes a
reference to the presence of a quantity of alcohol in the person’s oral
fluid or blood that equals or exceeds a specified quantity.