Western Australian Numbered Acts

CROSS-BORDER JUSTICE ACT 2008 (NO. 7 OF 2008) - SECT 90

90 .         Registration of WA or NT restraining orders under SA law

        (1)         In this section —

        “interstate restraining order” means —

            (a)         a restraining order of the State; or

            (b)         a restraining order of the Northern Territory;

        “register” means to register under the restraining orders laws of South Australia.

        (2)         The Principal Registrar of the Magistrates Court of South Australia may register an interstate restraining order in the State if —

            (a)         the order was made, amended or varied in a cross-border proceeding of a prescribed court of the State or the Northern Territory for the purposes of which the person against whom the order was made had a connection with a cross-border region that is partly in South Australia; or

            (b)         the person against whom, or for whose benefit, the order was made ordinarily resides in South Australia.

        Examples for section 90:

        1.         A WA magistrate sitting in Perth makes a restraining order under WA’s restraining orders laws. For the purposes of the proceeding, the person against whom the order is made had a connection with the WA/SA region. The Perth registry is a registry of the SA Magistrates Court. Exercising the powers of the Principal Registrar of the SA Magistrates Court, a registry officer registers the order under SA’s restraining orders laws.

        2.         An NT magistrate sitting in Kalgoorlie makes a restraining order under the NT’s restraining orders laws. The person for whose benefit the order is made ordinarily resides in SA. The Kalgoorlie registry is a registry of the SA Magistrates Court. Exercising the powers of the Principal Registrar of the SA Magistrates Court, a registry officer registers the order under SA’s restraining orders laws.