South Australia: Cross-border Justice Act 2009 (SA)

South Australia Cross-border Justice Act 2009 An Act to facilitate the administration of justice in regions straddling the State's borders with Western Australia and the Northern Territory; and for other purposes. Contents Part 1—Preliminary Division 1—Preliminary matters 1 Short title 3 Act binds Crown Division 2—Object of 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 Interpretation 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 of the 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 (Extraterritorial Offences) Act 1984 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 Interpretation 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 2A—Restraining orders laws 47A Meaning of SA police order 47B Making of SA police orders 47C Enforcement of SA police orders Division 3—Offence 48 Offence to interfere with exercise of power Part 4—Police officers of another participating jurisdiction exercising powers in State Division 1—Powers generally 49 Arrest without warrant 50 Arrest under warrant 51 Person taken into custody 52 Investigation of suspected or alleged offence or breach of order Division 2—Road traffic powers Subdivision 1—Vehicle or driver licensing laws 53 Powers in relation to offences 54 Other powers Subdivision 2—Drink or drug‑driving laws 55 Powers that may be exercised in State 56 Preliminary alcohol or drug test cannot be conducted in State Subdivision 3—Vehicle impounding laws 57 Interpretation 58 Powers Subdivision 4—Miscellaneous matters 59 Law of State does not apply 60 Relationship with Division 1 Division 3—Restraining orders laws—WA 61 Meaning of WA police order 62 Making WA police orders 63 Enforcement of WA police orders Division 4—Restraining orders laws—NT 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 Sheriff's Act 1978 77 Law of State applies Division 4—Registration of interstate restraining orders 78 Part 2 Division 2 and Division 4 do not apply 79 Terms used in this Division 80 Registration of WA restraining orders under SA law 81 Registration of NT restraining orders under SA 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 Saving provision 85 Privileges, protection and immunity of participants in proceedings 86 Court documents may be lodged, served or issued in State 87 Application of Sheriff's Act 1978 88 Law of State does not apply Division 3—Registration of interstate restraining orders 89 Part 2 Division 2 and Division 4 do not apply 90 Registration of SA or NT restraining orders under WA law 91 Registration of SA or WA 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 agreement 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 WA 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 Sheriff's Act 1978 107 Application of Correctional Services Act 1982 108 Application of Young Offenders Act 1993 108A Application of Youth Justice Administration Act 2016 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 Sheriff's Act 1978 116 Application of Correctional Services Act 1982 117 Application of Young Offenders Act 1993 117A Application of Youth Justice Administration Act 2016 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 Director 124 Receipt of money from reciprocating agency 125 Resumption of enforcement by Fines Director 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 Director 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 Youth Court Part 14—Miscellaneous matters 138 Reporting accidents, producing driver's licences etc at police stations etc 139 Jurisdiction of Coroner 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 Act Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary Division 1—Preliminary matters 1—Short title This Act may be cited as the Cross-border Justice Act 2009. 3—Act binds Crown This Act binds the Crown in right of this State and also, so far as the legislative power of the State extends, the Crown in all its other capacities. Division 2—Object of Act 4—Act gives effect to cooperative schemes This Act gives effect to 1 or more cooperative schemes between the State and 1 or both of the other participating jurisdictions for the purpose of facilitating the administration of justice in 1 or more cross‑border regions. 5—Object of Act and how it is to be achieved (1) The object of this Act is to facilitate the administration of justice in the cross‑border regions. (2) The object is to be achieved mainly by enabling the following things to be done: (a) police officers, magistrates and other office holders of the State to exercise their powers under the law of the State in another participating jurisdiction; (b) police officers, magistrates and other office holders of the State to hold offices and exercise powers under the law of another participating jurisdiction; (c) police officers, magistrates and other office holders of another participating jurisdiction to exercise their powers under the law of that other jurisdiction in the State; (d) police officers, magistrates and other office holders of another participating jurisdiction to hold offices and exercise powers under the law of the State; (e) the courts of summary jurisdiction of the State to hear and determine proceedings, and to otherwise exercise their jurisdiction and powers under the law of the State, in another participating jurisdiction; (f) the sentences, orders and other decisions made by those courts under the law of the State to be served, carried out or otherwise given effect to by persons in another participating jurisdiction; (g) the courts of summary jurisdiction of another participating jurisdiction to hear and determine proceedings, and to otherwise exercise their jurisdiction and powers under the law of that other jurisdiction, in the State; (h) the sentences, orders and other decisions made by those courts under the law of that other jurisdiction to be served, carried out or otherwise given effect to by persons in the State; (i) any other persons who are required under the law of the State to do things to do those things in another participating jurisdiction; (j) any other persons who are required under the law of another participating jurisdiction to do things to do those things in the State. 6—How this Act is to be construed This Act is to be construed as enabling— (a) office holders and courts of the State and other persons to exercise powers they have under the law of the State within the geographical area of another participating jurisdiction; and (b) office holders and courts of another participating jurisdiction and other persons to exercise powers they have under the law of that other jurisdiction within the geographical area of the State. Note for this Division— A person who has a connection with a cross‑border region may be (but is not required to be) dealt with under the State's cross‑border laws. In deciding whether or not to deal with the person under the State's cross‑border laws, an office holder or prescribed court of the State will have regard to what best facilitates the administration of justice in the region. For example, if an offence is alleged to have been committed in the cross‑border region where the alleged offender and the witnesses to the alleged offence ordinarily reside, the administration of justice in that region is likely to be facilitated if the alleged offender is dealt with under the State's cross‑border laws. The administration of justice is not likely to be facilitated in a cross‑border region if the alleged offender is arrested in the region but the offence is alleged to have been committed in, and the alleged offender and the witnesses to the alleged offence ordinarily reside in, Adelaide. Division 3—Interpretation 7—Interpretation (1) In this Act, unless the contrary intention appears— another participating jurisdiction means— (a) Western 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 section 28 of the Correctional Services Act 1982; 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 Chief Executive Officer under the Correctional Services Act 1982; community corrections officer, of a participating jurisdiction, means— (a) if the jurisdiction is the State—a community corrections officer as defined by regulations made for the purposes of this definition; 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 training centre established by the Minister under section 36 of the Family and Community Services Act 1972 or section 21 of the Youth Justice Administration Act 2016; 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 by regulations made for the purposes of this definition; 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 order that a person be released from parole under Part 6 of the Correctional Services Act 1982; or (iii) an order for community service under the Sentencing Act 2017; or (iv) any other order or requirement of a kind brought within the ambit of this definition by the regulations; 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 a 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 member of South Australia Police under the Police Act 1998 (including a community constable); or (ii) a special constable under Part 9 of the Police Act 1998; 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 of South Australia; or (ii) the Youth Court of South Australia 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 within the meaning of the Correctional Services Act 1982; 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—an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 or a restraining order under the Summary Procedure Act 1921; 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 Intervention Orders (Prevention of Abuse) Act 2009 or the Summary Procedure Act 1921; 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 an instrument made under any written law of that 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— (i) an Act of the State; or (ii) any subsidiary legislation of the State; 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. 8—Meaning of cross‑border laws (1) The following laws are the State's cross‑border laws: (a) this Act; (b) any other written law of the State that makes express provision in order to give effect to this Act; (c) any other law of the State with any appropriate modifications; (d) any other law of the State to the extent its application is necessary to give effect to a law referred to in paragraph (a), (b) or (c). (2) The following laws are Western Australia's cross‑border laws: (a) the Cross-border Justice Act 2008 (Western Australia); (b) any subsidiary legislation made under that Act; (c) any other written law of Western Australia that makes express provision in order to give effect to that Act; (d) any other law of Western Australia with any appropriate modifications; (e) any other law of Western Australia to the extent its application is necessary to give effect to a law referred to in paragraph (a), (b), (c) or (d). (3) The following laws are the Northern Territory's cross‑border laws: (a) the Cross-border Justice Act (Northern Territory); (b) any subsidiary legislation made under that Act; (c) any other written law of the Northern Territory that makes express provision in order to give effect to that Act; (d) any other law of the Northern Territory with any appropriate modifications; (e) any other law of the Northern Territory to the extent its application is necessary to give effect to a law referred to in paragraph (a), (b), (c) or (d). 9—Persons who exercise powers are office holders For the purposes of the State's cross‑border laws, a person on whom a power is conferred under the law of a participating jurisdiction is taken to hold an office under that law. 10—References to office holders (1) In this Act, unless the contrary intention appears, a reference to an office holder (however described) of a participating jurisdiction includes a reference to a person who holds an office under the law of the jurisdiction as a secondary office holder. (2) In this Act, unless the contrary intention appears, a reference to an office holder (however described) of another participating jurisdiction whose office no longer exists is read as a reference to an office holder of that other jurisdiction who for the time being has the powers of that office. 11—References to written laws of another participating jurisdiction (1) In this section— amended— (a) means replaced, substituted (in whole or in part), added to or varied; and (b) includes any 2 or more of those things done simultaneously or by the same written law. (2) A reference in this Act to a written law of another participating jurisdiction, or to a provision of such a law, is read as including a reference to the law or provision as amended from time to time. 12—Use of notes and examples A note or example set out at the foot of a provision of this Act is provided to assist understanding and does not form part of this Act. Division 4—Modifications of other laws of State 13—Appropriate modifications Appropriate modifications of a law of the State are— (a) any modifications of the law that are prescribed by the regulations; and (b) any other modifications of the law that are necessary or convenient to give effect to this Act. 14—Effect of modifications In order to give effect to this Act, a law of the State must be applied with any appropriate modifications as if the law had been altered in that way. 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 (1) The State's cross‑border laws do not authorise an office holder of the State to exercise a power in another participating jurisdiction unless the law of that other jurisdiction allows the office holder to exercise the power in that other jurisdiction. (2) The State's cross‑border laws do not allow an office holder of another participating jurisdiction to exercise a power in the State unless the law of that other jurisdiction authorises the office holder to exercise the power in the State. (3) The State's cross‑border laws do not authorise a prescribed court of the State to hear and determine a proceeding, or to otherwise exercise its jurisdiction or a power, in another participating jurisdiction unless the law of that other jurisdiction allows the court to hear and determine the proceeding, or to exercise that jurisdiction or power, in that other jurisdiction. (4) The State's cross‑border laws do not allow a prescribed court of another participating jurisdiction to hear and determine a proceeding, or to otherwise exercise its jurisdiction or a power, in the State unless the law of that other jurisdiction authorises the court to hear and determine the proceeding, or to exercise that jurisdiction or power, in the State. (5) The State's cross‑border laws do not authorise a sentence imposed on, or an order made or issued against, a person in respect of an offence or alleged offence under the law of the State to be served or carried out in another participating jurisdiction unless the law of that other jurisdiction allows the sentence or order to be served or carried out in that other jurisdiction. (6) The State's cross‑border laws do not allow a sentence imposed on, or an order made or issued against, a person in respect of an offence or alleged offence under the law of another participating jurisdiction to be served or carried out in the State unless the law of that other jurisdiction authorises the sentence or order to be served or carried out in the State. 16—Law of another participating jurisdiction: other persons required to do things (1) This section applies in relation to a person other than an office holder, court or other person in relation to whom section 15 applies. (2) The State's cross‑border laws do not authorise a person who is required under the law of the State to do something to do that thing in another participating jurisdiction unless the law of that other jurisdiction allows the person to do the thing in that other jurisdiction. (3) The State's cross‑border laws do not allow a person who is required under the law of another participating jurisdiction to do something to do that thing in the State unless the law of that other jurisdiction authorises the person to do the thing in the State. 17—Service and Execution of Process Act 1992 of the Commonwealth The State's cross‑border laws are intended to provide alternative procedures to those under the Service and Execution of Process Act 1992 of the Commonwealth and do not purport to exclude or limit the operation of that Act. Note— If the Service and Execution of Process Act 1992 of the Commonwealth provides that it does not apply to a matter covered by the State's cross‑border laws, an office holder or prescribed court of the State will proceed under those laws instead of under that Act. Division 6—Application 18—Offences, orders and requirements in relation to which State's cross‑border laws apply (1) The State's cross‑border laws apply in relation to an offence under the law of a participating jurisdiction whether the offence is suspected of having been committed, or is alleged or found to have been committed, before or after the commencement of this Act. (2) The State's cross‑border laws apply in relation to an order made under the law of a participating jurisdiction whether the order was made before or after the commencement of this Act. (3) The State's cross‑border laws apply in relation to a requirement to do something under the law of a participating jurisdiction whether the requirement arose before or after the commencement of this Act. Part 2—Cross‑border regions Division 1—Prescribing cross‑border regions 19—Cross‑border regions to be prescribed A cross‑border region is a region that— (a) straddles the border between the State and 1 or both of the other participating jurisdictions; and (b) is prescribed by the regulations to be a cross‑border region. Division 2—Connection with a cross‑border region 20—Persons suspected of, alleged to have committed or found guilty of offences (1) This section applies to a person who— (a) is suspected of having committed an offence under the law of a participating jurisdiction; or (b) is alleged to have committed an offence under the law of a participating jurisdiction; or (c) has been found guilty of an offence under the law of a participating jurisdiction. (2) The person has a connection with a cross‑border region if— (a) the offence is suspected of having been committed, or is alleged or was found to have been committed, in the region; or (b) at the time of the person's arrest for the offence— (i) the person is or was in the region; or (ii) the person ordinarily resides or resided in the region; or (c) at the time at which the offence is suspected of having been committed, or is alleged or was found to have been committed, the person ordinarily resides or resided in the region. (3) For the purposes of a proceeding of a prescribed court of a participating jurisdiction in respect of the offence, the person also has a connection with a cross‑border region if— (a) at the time at which the proceeding is heard, the person ordinarily resides in the region; or (b) the proceeding is heard with another proceeding of the court that is a cross‑border proceeding for the purposes of which the person has a connection with the region. Note— For the purpose of deciding whether or not a person has committed an offence under the law of a participating jurisdiction— (a) if the jurisdiction is the State—section 5G of the Criminal Law Consolidation Act 1935 applies; or (b) if the jurisdiction is Western Australia—section 12 of the Criminal Code of Western Australia applies; or (c) if the jurisdiction is the Northern Territory—section 15 of the Criminal Code of the Northern Territory applies. 21—Persons against whom orders of prescribed courts are in force (1) This section applies to a person against whom an order made by a prescribed court of a participating jurisdiction is in force. (2) Subsections (3) and (4) apply if the person— (a) is suspected of having breached the order; or (b) is alleged to have breached the order; or (c) has been found to have breached the order. (3) The person has a connection with a cross‑border region if— (a) the breach is suspected of having occurred, or is alleged or was found to have occurred, in the region; or (b) at the time of the person's arrest for the breach— (i) the person is or was in the region; or (ii) the person ordinarily resides or resided in the region; or (c) at the time at which the breach is suspected of having occurred, or is alleged or was found to have occurred, the person ordinarily resides or resided in the region; or (d) at the time at which the order or a previous amendment or variation of the order was made, the person ordinarily resided in the region; or (e) the order or a previous amendment or variation of the order was made in, or another breach of the order has been the subject of, another proceeding of the court that was a cross‑border proceeding for the purposes of which the person had a connection with the region. (4) For the purposes of a proceeding of the court in respect of the breach, the person also has a connection with a cross‑border region if— (a) at the time at which the proceeding is heard, the person ordinarily resides in the region; or (b) the proceeding is heard with another proceeding of the court that is a cross‑border proceeding for the purposes of which the person has a connection with the region. (5) The person has a connection with a cross‑border region for the purposes of a proceeding of the court for the amendment, variation or revocation of the order if— (a) at the time at which the order or a previous amendment or variation of the order was made, the person ordinarily resided in the region; or (b) the order or a previous amendment or variation of the order was made in, or any breach of the order has been the subject of, another proceeding of the court that was a cross‑border proceeding for the purposes of which the person had a connection with the region; or (c) at the time at which the proceeding is heard, the person ordinarily resides in the region; or (d) the proceeding is heard with another proceeding of the court that is a cross‑border proceeding for the purposes of which the person has a connection with the region. 22—Connection for purposes of making restraining orders (1) This section applies to a person against whom a restraining order is sought or proposed to be made under a participating jurisdiction's restraining orders laws. (2) The person has a connection with a cross‑border region, including for the purposes of a proceeding in a prescribed court of the jurisdiction for the making of the order, if— (a) that person ordinarily resides in the region; or (b) the person for whose benefit the order is sought or is proposed to be made ordinarily resides in the region. 23—Persons serving sentences or carrying out orders in respect of offences or alleged offences (1) This section applies to a person on whom a sentence is imposed, or against whom an order is made or issued, in respect of an offence or alleged offence under the law of a participating jurisdiction. (2) The person has a connection with a cross‑border region if— (a) the sentence was imposed, or the order was made or issued, in— (i) a cross‑border proceeding of a prescribed court of the participating jurisdiction for the purposes of which the person had a connection with the region; or (ii) an appeal from such a proceeding; or (b) if the order was made or issued for the purpose of enforcing a fine—the fine was imposed in a proceeding or appeal referred to in paragraph (a); or (c) the person ordinarily resides in the region. 24—Other persons required to do things (1) This section applies to a person if sections 20 to 23 do not apply to the person. (2) A person who is required to do something under the law of a participating jurisdiction has a connection with a cross‑border region if— (a) the requirement is made of the person in the region; or (b) the requirement relates to an event, matter or thing in the region; or (c) the person ordinarily resides in the region. 25—Connections are not mutually exclusive A connection with a cross‑border region that a person has because of a provision of this Division does not exclude or limit a connection with a cross‑border region that the person has because of another provision of this Division. Division 3—Proving connection with a cross‑border region 26—Meaning of proceeding In this Division— proceeding means— (a) a cross‑border proceeding of a prescribed court of the State; or (b) a proceeding before a court of the State that relates to an action taken or purportedly taken under this Act by an office holder of a participating jurisdiction. 27—Onus of proving person's whereabouts at time of arrest (1) If whether a person was in a cross‑border region at the time of the person's arrest is in issue in a proceeding, the person has the onus of proving on the balance of probabilities that the person was not in the region at that time. (2) If whether a person ordinarily resided in a cross‑border region at the time of the person's arrest is in issue in a proceeding, the person has the onus of proving on the balance of probabilities that the person did not ordinarily reside in the region at that time. 28—Onus of proving person's residency during cross‑border proceeding (1) Subsection (2) applies if either of the following are in issue in a proceeding: (a) if it is a cross‑border proceeding—whether the person who is the subject of the proceeding ordinarily resides or resided in a cross‑border region at a particular time during the proceeding; (b) if it is another proceeding—whether the person who is the subject of the proceeding ordinarily resides or resided in a cross‑border region at a particular time during a cross‑border proceeding. (2) The person has the onus of proving on the balance of probabilities that the person does not or did not ordinarily reside in the region at that time. Division 4—Multiple cross‑border regions 29—Application of this Division This Division applies if there are 2 or more cross‑border regions of which— (a) 1 is partly in all 3 participating jurisdictions; and (b) the other or others are partly in only 2 of the 3 participating jurisdictions. 30—Office holders, prescribed courts, persons serving sentences (1) The State's cross‑border laws do not authorise an office holder of the State to exercise a power under the law of the State in another participating jurisdiction unless the power is to be exercised in relation to a person who has a connection with a cross‑border region that is partly in that other jurisdiction. (2) The State's cross‑border laws do not allow an office holder of another participating jurisdiction to exercise a power under the law of that other jurisdiction in the State unless the power is to be exercised in relation to a person who has a connection with a cross‑border region that is partly in that other jurisdiction. (3) The State's cross‑border laws do not authorise a prescribed court of the State to hear and determine a proceeding, or to otherwise exercise its jurisdiction or a power, in another participating jurisdiction unless the person who is the subject of the proceeding to which the exercise of that jurisdiction or power relates has a connection with a cross‑border region that is partly in that other jurisdiction for the purposes of that proceeding. (4) The State's cross‑border laws do not allow a prescribed court of another participating jurisdiction to hear and determine a proceeding, or to otherwise exercise its jurisdiction or a power, in the State unless the person who is the subject of the proceeding to which the exercise of that jurisdiction or power relates has a connection with a cross‑border region that is partly in that other jurisdiction for the purposes of that proceeding. (5) The State's cross‑border laws do not authorise a sentence imposed on, or an order made or issued against, a person in respect of an offence or alleged offence under the law of the State to be served or carried out in another participating jurisdiction unless the person has a connection with a cross‑border region that is partly in that other jurisdiction. (6) The State's cross‑border laws do not allow a sentence imposed on, or an order made or issued against, a person in respect of an offence or alleged offence under the law of another participating jurisdiction to be served or carried out in the State unless the person has a connection with a cross‑border region that is partly in that other jurisdiction. 31—Other persons required to do things (1) This section applies in relation to a person other than an office holder, court or other person in relation to whom section 30 applies. (2) The State's cross‑border laws do not authorise a person who is required under the law of the State to do something to do that thing in another participating jurisdiction unless the person has a connection with a cross‑border region that is partly in that other jurisdiction. (3) The State's cross‑border laws do not allow a person who is required under the law of another participating jurisdiction to do something to do that thing in the State unless the person has a connection with a cross‑border region that is partly in that other jurisdiction. Notes for this Division— 1 The examples in this Act assume the following 3 regions: (a) a region straddling the State's borders with Western Australia and the Northern Territory (the SA/WA/NT region); (b) a region straddling the State's border with Western Australia (the SA/WA region); (c) a region straddling the State's border with the Northern Territory (the SA/NT region). 2 A person may have a connection with more than 1 cross‑border region. An office holder or prescribed court of the State may deal with the person under the State's cross‑border laws on the basis of the person's connection with 1 or another of those regions, having regard to what best facilitates the administration of justice in those regions. Part 3—Police officers of State exercising powers in another participating jurisdiction Division 1—Powers generally 32—Arrest without warrant (1) A police officer of the State may arrest a person in another participating jurisdiction without a warrant if— (a) under the law of the State, the police officer would have been able to arrest the person in the State without a warrant; and (b) the person has a connection with a cross‑border region. (2) The law of the State applies (with any appropriate modifications) in relation to the arrest. 33—Arrest under warrant (1) A police officer of the State may arrest a person in another participating jurisdiction under a warrant if— (a) under the law of the State, the police officer would have been able to arrest the person in the State under a warrant; and (b) the person has a connection with a cross‑border region. (2) A magistrate of the State— (a) may issue in another participating jurisdiction a warrant for the arrest of a person under the law of the State if the person has a connection with a cross‑border region; and (b) for that purpose, may exercise in that other jurisdiction any of the powers the magistrate has under the law of the State for the purpose of issuing warrants for the arrest of persons. (3) The law of the State applies (with any appropriate modifications) in relation to the arrest and the warrant. Examples— 1 A person is suspected of committing an offence under SA law in the SA portion of the SA/WA/NT region. An SA magistrate anywhere in SA, WA or the NT may issue a warrant for the person's arrest. An SA police officer may arrest the person under the warrant anywhere in SA, WA or the NT. 2 A person who ordinarily resides in the SA/WA region is suspected of committing an offence under SA law in Port Augusta. An SA magistrate anywhere in SA or WA may issue a warrant for the person's arrest. An SA magistrate in the NT cannot issue a warrant. An SA police officer may arrest the person under the warrant anywhere in SA or WA but not in the NT. 3 A person who ordinarily resides in the SA/NT region is suspected of committing an offence under SA law in the SA portion of the SA/WA region. An SA magistrate anywhere in SA, WA or the NT may issue a warrant for the person's arrest. An SA police officer may arrest the person under the warrant anywhere in SA, WA or the NT. 34—Person taken into custody (1) Subsection (2) applies if— (a) a police officer of the State arrests a person under the law of the State— (i) whether with or without a warrant; and (ii) whether in the State or another participating jurisdiction; and (b) the person has a connection with a cross‑border region. (2) A police officer of the State may— (a) keep the person in custody in another participating jurisdiction; and (b) while the person is in custody, take the person to a police station, court or other place in another participating jurisdiction for any purpose that is authorised under the law of the State as applied by subsection (3). (3) The law of the State applies (with any appropriate modifications) in relation to the custody. 35—Investigation of suspected or alleged offence or breach of order (1) This section applies if— (a) a police officer of the State— (i) suspects a person of having committed, or has alleged that a person has committed, an offence under the law of the State; or (ii) suspects a person of having breached, or has alleged that a person has breached, an order made under the law of the State; and (b) the person has a connection with a cross‑border region. (2) A police officer of the State may— (a) investigate the offence or breach in another participating jurisdiction; and (b) for that purpose, may exercise in that other jurisdiction any of the powers the police officer has under the law of the State for the purpose of investigating the offence or breach. (3) Without affecting subsection (2), those powers may include powers in relation to any of the following: (a) interviewing people; (b) searching people; (c) taking photographs of people or parts of people's bodies; (d) taking prints of parts of people's bodies (for example, fingerprints, handprints and footprints); (e) taking samples of things, and removing things, from the external and internal parts of people's bodies; (f) entering and searching places and vehicles; (g) taking photographs of places and vehicles; (h) inspecting, and taking extracts from or copies of, documents found at places or in vehicles; (i) taking samples of things, and seizing things, from places and vehicles; (j) carrying out warrants or orders authorising the police officer to do any of the things referred to in paragraphs (a) to (i); (k) requiring people to assist the police officer to do any of the things referred to in paragraphs (a) to (j). (4) For the purpose of the investigation of the offence or breach by a police officer of the State in the State or another participating jurisdiction, a magistrate of the State— (a) may issue in another participating jurisdiction a warrant or order under the law of the State to be carried out in the State or another participating jurisdiction; and (b) for that purpose, may exercise in that other jurisdiction any of the powers the magistrate has under the law of the State for the purpose of issuing warrants or orders for the purpose of the investigation by police officers of the State of offences or breaches of orders. (5) The law of the State applies (with any appropriate modifications) in relation to the investigation and the warrant or order. Examples— 1 A person is suspected of committing an offence under SA law in the SA portion of the SA/WA/NT region. An SA police officer may investigate the alleged offence anywhere in SA, WA or the NT. For the purpose of the investigation of the alleged offence, an SA magistrate anywhere in SA, WA or the NT may issue a warrant to search premises anywhere in SA, WA or the NT. 2 A person is arrested in the SA/WA region for an offence under SA law alleged to have been committed in Port Augusta. An SA police officer may investigate the alleged offence anywhere in SA or WA but not in the NT. For the purpose of the investigation of the alleged offence, an SA magistrate anywhere in SA or WA may issue a warrant to search premises anywhere in SA or WA but not in the NT. An SA magistrate in the NT cannot issue a warrant. 3 A person is suspected of committing an offence under SA law in the SA portion of the SA/NT region and is subsequently arrested for the alleged offence in the SA/WA region. An SA police officer may investigate the alleged offence anywhere in SA, WA or the NT. For the purpose of the investigation of the alleged offence, an SA magistrate anywhere in SA, WA or the NT may issue a warrant to search premises anywhere in SA, WA or the NT. 36—Return of person not charged to place of arrest or other place (1) Subsection (2) applies if a person being kept in custody by a police officer of the State in another participating jurisdiction under section 34(2)(a) is released without charge. (2) A police officer of the State must take reasonable steps to ensure the person is taken, at the person's election— (a) back to the place where the person was arrested; or (b) to a place reasonably nominated by the person. (3) Subsection (2) does not require the person to be taken to a place if to do so is likely to endanger the person's or another person's safety. 37—Relationship of this Part with Criminal Investigation (Extraterritorial Offences) Act 1984 This Part does not affect the operation of the Criminal Investigation (Extraterritorial Offences) Act 1984. Division 2—Road traffic powers Subdivision 1—Vehicle or driver licensing laws 38—Powers in relation to offences (1) Subsection (2) applies if— (a) a police officer of the State suspects a person of having committed, or has alleged that a person has committed, an offence under the State's vehicle or driver licensing laws; and (b) the person has a connection with a cross‑border region. (2) A police officer of the State may exercise in another participating jurisdiction any of the powers the police officer has under the law of the State in relation to the offence. 39—Other powers (1) In this section— licensing powers, of a police officer of the State, means any of the powers the police officer has under the State's vehicle or driver licensing laws other than a power to which section 38(2) applies. (2) A police officer of the State may exercise in another participating jurisdiction any of the police officer's licensing powers in relation to a person who ordinarily resides in a part of the State that is in a cross‑border region. Subdivision 2—Drink or drug‑driving laws 40—Interpretation In this Subdivision, unless the contrary intention appears— sample means a sample of a person's breath, oral fluid, blood or urine; test means to provide or take, and test or analyse, a sample; testing procedures, under a participating jurisdiction's drink or drug‑driving laws, means the requirements for providing or taking, and testing or analysing, a sample under the jurisdiction's drink or drug‑driving laws. 41—Conduct of preliminary alcohol or drug test in cross‑border region (1) This section applies if a police officer of the State requires a person in a part of the State that is in a cross‑border region to provide a sample of breath or oral fluid for a preliminary alcohol or drug test under the State's drink or drug‑driving laws. (2) If— (a) the person is required to provide the sample in accordance with the testing procedures under another participating jurisdiction's drink or drug‑driving laws; and (b) the region is partly in that other jurisdiction, the person is taken to be required to provide the sample in accordance with the testing procedures under the State's drink or drug‑driving laws. (3) If— (a) the sample is tested in accordance with the testing procedures for a preliminary alcohol or drug test under another participating jurisdiction's drink or drug‑driving laws; and (b) the region is partly in that other jurisdiction, the sample is taken to have been tested in accordance with the testing procedures for a preliminary alcohol or drug test under the State's drink or drug‑driving laws. Examples— 1 An SA police officer requires a person in the SA portion of the SA/NT region to provide a sample of breath for a preliminary alcohol test under SA's drink‑driving laws. The police officer may require the person to provide the sample in accordance with the testing procedures under NT's drink‑driving laws. 2 An SA police officer requires a person in the SA portion of the SA/NT region to provide a sample of breath for a preliminary alcohol test under SA's drink‑driving laws. The same may be tested in accordance with the testing procedures under NT's drink‑driving laws. 42—Powers that may be exercised in another participating jurisdiction (1) Subsection (3) applies if a police officer of the State has required a person in a part of the State that is in a cross‑border region to provide a sample of breath or oral fluid for a preliminary alcohol or drug test under the State's drink or drug‑driving laws. (2) Subsection (3) applies if— (a) a police officer of the State suspects a person of having committed, or has alleged that a person has committed, a drink or drug‑driving offence under the law of the State; and (b) the person has a connection with a cross‑border region. (3) Subject to section 44, a police officer of the State may exercise in another participating jurisdiction any of the powers the police officer has under the State's drink or drug‑driving laws in relation to the person. Example— An SA police officer has required a person in the SA portion of the SA/WA region to provide a sample of oral fluid for a preliminary drug test under SA's drug‑driving laws. The police officer suspects the person has committed a drug‑driving offence in the SA portion of the SA/WA region under the law of SA. The police officer may require the person to provide a blood sample under SA's drug‑driving laws in WA. 43—Providing or taking sample in another participating jurisdiction (1) This section applies if a police officer of the State acting under section 42(3) requires a person to provide or allow to be taken a sample under the State's drink or drug‑driving laws in another participating jurisdiction. (2) If the person is required to provide the sample or allow the sample to be taken in accordance with the testing procedures under that other jurisdiction's drink or drug‑driving laws, the person is taken to be required to provide the sample or allow the sample to be taken in accordance with the testing procedures under the State's drink or drug‑driving laws. (3) If the sample is tested in accordance with the testing procedures under that other jurisdiction's drink or drug‑driving laws, the following provisions apply: (a) the sample is taken to have been tested in accordance with the testing procedures under the State's drink or drug‑driving laws; (b) a certificate relating to the testing procedures under that other jurisdiction's drink or drug‑driving laws that would be prima facie evidence of a matter stated in the certificate in a proceeding for an offence under the law of that other jurisdiction is prima facie evidence of the matter in a proceeding referred to in section 47K(18) of the Road Traffic Act 1961; (c) if a sample of breath or blood is tested, the analysis result is taken to be the analysis result for the purposes of Part 3 Division 5 of the Road Traffic Act 1961. (4) This section does not prevent the sample from being required to be provided or allowed to be taken, or from being tested, in accordance with the testing procedures under the State's drink or drug‑driving laws. Examples— 1 An SA police officer requires a person in WA to provide a blood sample under SA's drug‑driving laws. The police officer may require the person to provide the sample in accordance with the testing procedures under WA's drug‑driving laws. 2 An SA police officer requires a person in WA to provide a blood sample under SA's drug‑driving laws. The sample may be tested in accordance with the testing procedures under WA's drug‑driving laws. 44—Preliminary alcohol or drug test cannot be conducted in another participating jurisdiction This Subdivision does not authorise a police officer of the State to require a person in another participating jurisdiction to provide a sample of breath or oral fluid for a preliminary alcohol or drug test under the State's drink or drug‑driving laws. Subdivision 3—Vehicle impounding laws 45—Powers (1) In this section— person, connected with a vehicle, means the person who— (a) is suspected of having committed; or (b) is alleged to have committed; or (c) has been found guilty of, the offence for which the vehicle may or is required to be impounded or confiscated. (2) A police officer of the State may exercise in relation to a vehicle in another participating jurisdiction any of the powers the police officer has under the State's vehicle impounding laws in relation to a vehicle if— (a) the person connected with the vehicle has a connection with a cross‑border region; and (b) if the exercise of the power is for the purpose of giving effect to a court order—the order was made by a prescribed court of the State. Subdivision 4—Miscellaneous matters 46—Law of State applies The law of the State applies (with any appropriate modifications) in relation to the powers in respect of which this Division applies. 47—Relationship with Division 1 The powers that a police officer of the State is authorised under this Division to exercise in another participating jurisdiction are in addition to, and do not exclude or limit, any of the powers the police officer is authorised under Division 1 to exercise in that other jurisdiction. Division 2A—Restraining orders laws 47A—Meaning of SA police order In this Division— SA police order means an interim intervention order issued by a police officer under the Intervention Orders (Prevention of Abuse) Act 2009. 47B—Making of SA police orders (1) A police officer of the State may make a SA police order in another participating jurisdiction if the person against whom the order is sought or proposed to be made has a connection with a cross‑border region. (2) The law of the State applies (with any appropriate modifications) in relation to the making of the order. Note— For the purpose of deciding whether or not the person against whom the SA police order is sought or proposed to be made has a connection with a cross‑border region, section 22 and Part 2 Division 4 apply. 47C—Enforcement of SA police orders (1) This section applies if— (a) a person in another participating jurisdiction is a person against whom a SA police order is in force; and (b) the person against whom, or for whose benefit, the order is made ordinarily resides in a cross‑border region. (2) A police officer of the State may exercise the police officer's powers in relation to the person against whom the order is made. (3) In relation to the exercise of those powers, the Intervention Orders (Prevention of Abuse) Act 2009 has effect for all purposes in respect of any breach of the order in that other jurisdiction. (4) The law of the State applies (with any appropriate modifications) in relation to those powers. Division 3—Offence 48—Offence to interfere with exercise of power (1) Subsection (2) applies if a person in another participating jurisdiction takes action in relation to the exercise of a power under this Part that would, if the action were to be taken in relation to the exercise of the power in the State, constitute an offence under the law of the State (a State offence). (2) The person commits an offence under this Act punishable by the same penalty as is prescribed for the State offence. (3) If the State offence is an indictable offence, the offence under subsection (2) is also an indictable offence. Part 4—Police officers of another participating jurisdiction exercising powers in State Division 1—Powers generally 49—Arrest without warrant (1) A police officer of another participating jurisdiction may arrest a person in the State without a warrant if— (a) under the law of that other jurisdiction, the police officer would have been able to arrest the person in that other jurisdiction without a warrant; and (b) the person has a connection with a cross‑border region. (2) The law of the State does not apply in relation to the arrest. 50—Arrest under warrant (1) A police officer of another participating jurisdiction may arrest a person in the State under a warrant if— (a) under the law of that other jurisdiction, the police officer would have been able to arrest the person in that other jurisdiction under a warrant; and (b) the person has a connection with a cross‑border region. (2) A magistrate of another participating jurisdiction— (a) may issue in the State a warrant for the arrest of a person under the law of that other jurisdiction if the person has a connection with a cross‑border region; and (b) for that pur