Western Australia: Cross-border Justice Act 2008 (WA)

Western Australia Cross-border Justice Act 2008 Western Australia Cross-border Justice Act 2008 Contents Part 1 — Introduction Division 1 — Preliminary matters 1. Short title 1 2. Commencement 1 3. Act binds Crown 1 Division 2 — Object of this Act 4. Act gives effect to cooperative schemes 1 5. Object of Act and how it is to be achieved 1 6. How this Act to be construed 1 Division 3 — Interpretation 7. Terms used 1 8. Cross‑border laws 1 9. Persons who exercise powers are office holders 1 10. References to office holders 1 11. References to written laws of another participating jurisdiction 1 12. Use of notes and examples 1 Division 4 — Modifications of other laws of State 13. Appropriate modifications 1 14. Effect of modifications 1 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 16. Law of another participating jurisdiction: other persons required to do things 1 17. Relationship to Service and Execution of Process Act 1992 (Commonwealth) 1 Division 6 — Application 18. Offences, orders and requirements in relation to which State's cross‑border laws apply 1 Part 2 — Cross‑border regions Division 1 — Prescribing cross‑border regions 19. Cross‑border regions to be prescribed 1 Division 2 — Connection with a cross‑border region 20. Persons suspected of, alleged to have committed or found guilty of offences 1 21. Persons against whom orders of prescribed courts are in force 1 22. Connection for purposes of making restraining orders 1 23. Persons serving sentences or carrying out orders in respect of offences or alleged offences 1 24. Other persons required to do things 1 25. Connections are not mutually exclusive 1 Division 3 — Proving connection with a cross‑border region 26. Term used: proceeding 1 27. Onus of proving person's whereabouts at time of arrest 1 28. Onus of proving person's residency during cross‑border proceeding 1 Division 4 — Multiple cross‑border regions 29. Application of this Division 1 30. Office holders, prescribed courts, persons serving sentences 1 31. Other persons required to do things 1 Part 4 — Police officers of another participating jurisdiction exercising powers in State Division 1 — Powers generally 52. Arrest without warrant 1 53. Arrest under warrant 1 54. Person taken into custody 1 55. Investigation of suspected or alleged offence or breach of order 1 56. Relationship of this Division with Criminal Investigation (Identifying People) Act 2002 Part 12 1 Division 2 — Road traffic powers Subdivision 1 — Vehicle or driver licensing laws 57. Powers in relation to offences 1 58. Other powers 1 Subdivision 2 — Drink or drug‑driving laws 59. Powers that may be exercised in State 1 60. Preliminary alcohol or drug test cannot be conducted in State 1 Subdivision 3 — Vehicle impounding laws 61. Powers 1 Subdivision 4 — Miscellaneous matters 62. Law of State does not apply 1 63. Relationship with Division 1 1 Division 3 — Restraining orders laws 64. Term used: NT police order 1 65. Making NT police orders 1 66. Enforcement of NT police orders 1 Part 3 — Police officers of State exercising powers in another participating jurisdiction Division 1 — Powers generally 32. Arrest without warrant 1 33. Arrest under warrant 1 34. Person taken into custody 1 35. Investigation of suspected or alleged offence or breach of order 1 36. Return of person not charged to place of arrest or other place 1 37. Relationship of this Part with Criminal Investigation (Extra‑territorial Offences) Act 1987 1 Division 2 — Road traffic powers Subdivision 1 — Vehicle or driver licensing laws 38. Powers in relation to offences 1 39. Other powers 1 Subdivision 2 — Drink or drug‑driving laws 40. Terms used 1 41. Conduct of preliminary alcohol or drug test in cross‑border region 1 42. Powers that may be exercised in another participating jurisdiction 1 43. Providing or taking sample in another participating jurisdiction 1 44. Preliminary alcohol or drug test cannot be conducted in another participating jurisdiction 1 Subdivision 3 — Vehicle impounding laws 45. Powers 1 Subdivision 4 — Miscellaneous matters 46. Law of State applies 1 47. Relationship with Division 1 1 Division 3 — Restraining orders laws 48. Term used: WA police order 1 49. Making of WA police orders 1 50. Enforcement of WA police orders 1 Division 4 — Offence 51. Offence to interfere with exercise of power 1 Part 5 — Prescribed courts of State exercising cross‑border jurisdiction Division 1 — Preliminary matters 67. Operation of courts outside State not limited 1 Division 2 — Jurisdiction and powers of courts 68. Proceedings that may be heard in another participating jurisdiction 1 69. Exercise of jurisdiction and powers 1 70. Practice and procedure 1 71. Rules of evidence 1 72. Offence to fail to comply with order, judgment, warrant or summons 1 Division 3 — Miscellaneous matters relating to cross‑border proceedings 73. Legal practitioners of another participating jurisdiction entitled to appear etc. 1 74. Court documents may be lodged, served or issued in another participating jurisdiction 1 75. Court documents in wrong form do not invalidate proceedings or decisions 1 76. Application of Court Security and Custodial Services Act 1999 1 77. Law of State applies 1 Division 4 — Registration of interstate restraining orders 78. Part 2 Divisions 2 and 4 do not apply 1 79. Terms used 1 80. Registration of SA restraining orders under WA law 1 81. Registration of NT restraining orders under WA law 1 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 1 83. Exercise of jurisdiction and powers 1 Division 2 — Miscellaneous matters relating to cross‑border proceedings 84. Exception to Criminal Code Act 1913 section 4 1 85. Privileges, protection and immunity of participants in proceedings 1 86. Court documents may be lodged, served or issued in State 1 87. Application of Court Security and Custodial Services Act 1999 1 88. Law of State does not apply 1 Division 3 — Registration of interstate restraining orders 89. Part 2 Divisions 2 and 4 do not apply 1 90. Registration of WA or NT restraining orders under SA law 1 91. Registration of WA or SA restraining orders under NT law 1 Part 7 — Bail of persons in custody under law of State 92. Police officer of State may exercise powers in another participating jurisdiction 1 93. Offence to fail to comply with bail undertaking 1 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 1 Part 9 — Persons with mental impairment 95. Terms used 1 96. Persons committed to detention or custody under SA law 1 97. Persons detained under NT law 1 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 1 99. Warrant of commitment 1 Subdivision 2 — Remand 100. Remanded in custody in State or another participating jurisdiction 1 101. Remand warrant 1 102. Law of State applies 1 Subdivision 3 — Bring up orders 103. Bringing prisoner or detainee in another participating jurisdiction before judicial body of State 1 104. Custody of person brought up from prison or detention centre in another participating jurisdiction 1 Subdivision 4 — Miscellaneous matters 105. Carrying out custodial orders 1 106. Application of Court Security and Custodial Services Act 1999 1 107. Application of Prisons Act 1981 1 108. Application of Young Offenders Act 1994 1 Division 2 — Non‑custodial sentences and orders 109. Carrying out non‑custodial orders in another participating jurisdiction 1 110. Conducting diversionary programs for young offenders in another participating jurisdiction 1 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 1 112. Remanded in custody in State 1 113. Carrying out custodial orders 1 114. Effect of bring up order if person in custody under law of State 1 115. Application of Court Security and Custodial Services Act 1999 1 116. Application of Prisons Act 1981 1 117. Application of Young Offenders Act 1994 1 Division 2 — Non‑custodial sentences and orders 118. Carrying out non‑custodial orders in State 1 119. Conducting diversionary programs for young offenders in State 1 Part 12 — Enforcement of fines Division 1 — Preliminary matters 120. Terms used 1 Division 2 — Fines under law of State 121. Request to enforce fine in another participating jurisdiction 1 122. Effect of making request 1 123. Receipt of money by Fines Registrar 1 124. Receipt of money from reciprocating agency 1 125. Resumption of enforcement by Fines Registrar 1 Division 3 — Fines under law of another participating jurisdiction 126. Request to enforce fine in State 1 127. Effect of registration 1 128. Receipt of money by reciprocating agency 1 129. Receipt of money by Fines Registrar 1 130. Request to cease enforcement of fine 1 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 1 132. Office holders of State may be secondary office holders of another participating jurisdiction 1 133. Office holders of another participating jurisdiction may be secondary office holders of State 1 134. Prohibition against holding or exercising powers of another office not breached 1 135. Terms of appointment of secondary office holders under law of State 1 Division 2 — Appointment of magistrates of another participating jurisdiction to be magistrates of State 136. Appointment as magistrates of Magistrates Court 1 137. Appointment as magistrates of Children's Court 1 Part 14 — Miscellaneous matters 138. Reporting accidents, producing driver's licences etc. at police stations etc. 1 139A. Operation of Coroners Act 1996 not affected 1 139. Application of Inspector of Custodial Services Act 2003 1 140. Power of Minister to enter agreements 1 141. Inconsistency between Act and agreement 1 142. Protection of office holders of State taking action in another participating jurisdiction 1 143. Protection of office holders of another participating jurisdiction taking action in State 1 144. Disclosure of information to authorities in another participating jurisdiction 1 145. Delegation by CEO (corrections) 1 146. Regulations 1 147. Review of this Act 1 Notes Compilation table 1 Uncommenced provisions table 1 Defined terms Western Australia Cross-border Justice Act 2008 An Act to facilitate the administration of justice in regions straddling the State's borders with South Australia and the Northern Territory, and for related purposes. Part 1 — Introduction Division 1 — Preliminary matters 1. Short title This is the Cross-border Justice Act 2008. 2. Commencement This Act comes into operation as follows: (a) sections 1 and 2 — on the day on which this Act receives the Royal Assent; (b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions. 3. Act binds Crown This Act binds the State and, so far as the legislative power of the State permits, the Crown in all its other capacities. Division 2 — Object of this Act 4. Act gives effect to cooperative schemes This Act gives effect to one or more cooperative schemes between the State and one or both of the other participating jurisdictions for the purpose of facilitating the administration of justice in one 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 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, Perth. Division 3 — Interpretation 7. Terms used (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 for this definition: 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 for this definition: 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 for this definition: 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 for this definition: 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 for this definition: 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 (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 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 for this definition: 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 (iv) a person who holds office under the Police Act 1892 Part IIIB as a police auxiliary officer; or (b) if the jurisdiction is another participating jurisdiction — a police officer of that other jurisdiction under its cross‑border laws; Note for this definition: 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. [Section 7 amended: No. 42 of 2009 s. 17; No. 1 of 2010 s. 4; No. 25 of 2020 s. 111.] 8. 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 South Australia's cross‑border laws — (a) the Cross‑border Justice Act 2009 (South Australia); (b) any subsidiary legislation made under that Act; (c) any other written law of South Australia that makes express provision in order to give effect to that Act; (d) any other law of South Australia with any appropriate modifications; (e) any other law of South 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 2009 (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). [Section 8 amended: No. 1 of 2010 s. 5; No. 25 of 2020 s. 117.] 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. Examples for this section: 1. Under the Court Security and Custodial Services Act 1999, a contractor may exercise powers to fulfil a contract for the provision of court security or custodial services. The contractor is taken to be, but is not appointed as, an officer of the court. 2. Under the Young Offenders Act 1994, an officer of the Department of Corrective Services may exercise powers in relation to young offenders. The officer's local designation is, but the officer does not hold the office of, juvenile justice officer. 3. Under section 105, an authorised officer of SA or the NT may carry out a custodial order of the State but is not appointed as an authorised officer of the State. 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. Relationship to Service and Execution of Process Act 1992 (Commonwealth) The State's cross‑border laws are intended to provide alternative procedures to those under the Service and Execution of Process Act 1992 (Commonwealth) and do not purport to exclude or limit the operation of that Act. Note for this section: If the Service and Execution of Process Act 1992 (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 one 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 this section: 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 — The Criminal Code section 12 applies; or (b) if the jurisdiction is South Australia — the Criminal Law Consolidation Act 1935 (South Australia) section 5G applies; or (c) if the jurisdiction is the Northern Territory — the Criminal Code (Northern Territory) section 15 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. Term used: 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) one is partly in all 3 participating jurisdictions; and (b) the other or others are partly in only 2 of the 3 participating jurisdictions. [Section 29 amended: No. 1 of 2010 s. 6.] 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 South Australia and the Northern Territory (the WA/SA/NT region); (b) a region straddling the State's border with South Australia (the WA/SA region); (c) a region straddling the State's border with the Northern Territory (the WA/NT region). 2. A person may have a connection with more than one 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 one or another of those regions, having regard to what best facilitates the administration of justice in those regions. Part 4 — Police officers of another participating jurisdiction exercising powers in State Division 1 — Powers generally 52. 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. 53. 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 purpose, may exercise in the State any of the powers the magistrate has under the law of that other jurisdiction for the purpose of issuing warrants for the arrest of persons. (3) The law of the State does not apply in relation to the arrest or the warrant. Examples for this section: 1. A person is suspected of committing an offence under SA law in the SA portion of the WA/SA/NT region. An SA magistrate anywhere in WA may issue a warrant for the person's arrest. An SA police officer may arrest the person under the warrant anywhere in WA. 2. A person who ordinarily resides in the WA/NT region is suspected of committing an offence under NT law in Katherine. An NT magistrate anywhere in WA may issue a warrant for the person's arrest. An NT police officer may arrest the person under the warrant anywhere in WA. 3. A person who ordinarily resides in the WA/SA region is suspected of committing an offence under SA law in Port Augusta. An SA magistrate anywhere in WA may issue a warrant for the person's arrest. An SA police officer may arrest the person under the warrant anywhere in WA. 54. Person taken into custody (1) Subsection (2) applies if — (a) a police officer of another participating jurisdiction (the arresting jurisdiction) arrests a person under the law of the arresting jurisdiction — (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 arresting jurisdiction may — (a) keep the person in custody in the State; and (b) while the person is in custody, take the person to a police station, court or other place in the State for any purpose that is authorised under the law of the arresting jurisdiction as applied by its cross‑border laws. (3) The law of the State does not apply in relation to the custody. [Section 54 amended: No. 1 of 2010 s. 8.] 55. Investigation of suspected or alleged offence or breach of order (1) This section applies if — (a) a police officer of another participating jurisdiction (the investigating jurisdiction) — (i) suspects a person of having committed, or has alleged that a person has committed, an offence under the law of the investigating jurisdiction; or (ii) suspects a person of having breached, or has alleged that a person has breached, an order made under the law of the investigating jurisdiction; and (b) the person has a connection with a cross‑border region. (2) A police officer of the investigating jurisdiction may — (a) investigate the offence or breach in the State; and (b) for that purpose, may exercise in the State any of the powers the police officer has under the law of the investigating jurisdiction for the purpose of investigating the offence or breach. (3) Without affecting subsection (2), those powers may include powers the police officer has 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 investigating jurisdiction in the State or another participating jurisdiction, a magistrate of the investigating jurisdiction — (a) may issue in the State a warrant or order under the law of the investigating jurisdiction to be carried out in the State or another participating jurisdiction; and (b) for that purpose, may exercise in the State any of the powers the magistrate has under the law of the investigating jurisdiction for the purpose of issuing warrants or orders for the purpose of the investigation by police officers of that jurisdiction of offences or breaches of orders. (5) The law of the State does not apply in relation to the investigation or the warrant or order. Examples for this section: 1. A person is suspected of committing an offence under SA law in the SA portion of the WA/SA/NT region. An SA police officer may investigate the alleged offence anywhere in WA. For the purpose of the investigation of the alleged offence, an SA magistrate anywhere in WA may issue a warrant to search premises anywhere in WA, SA or the NT. 2. A person is arrested in the WA/NT region for an offence under NT law alleged to have been committed in Katherine. An NT police officer may investigate the alleged offence anywhere in WA. For the purpose of the investigation of the alleged offence, an NT magistrate anywhere in WA may issue a warrant to search premises anywhere in WA or the NT but not in SA. 3. A person who ordinarily resides in the WA/SA region is suspected of committing an offence under SA law in Port Augusta. An SA police officer may investigate the alleged offence in WA. For the purpose of the investigation of the alleged offence, an SA magistrate anywhere in WA may issue a warrant to search premises anywhere in WA or SA but not in the NT. [Section 55 amended: No. 1 of 2010 s. 9.] 56. Relationship of this Division with Criminal Investigation (Identifying People) Act 2002 Part 12 This Division does not exclude or limit the operation of the Criminal Investigation (Identifying People) Act 2002 Part 12. Note for this section: A police officer of another participating jurisdiction who is investigating an offence under the law of that other jurisdiction may, for the purpose of examining or obtaining material from the body of a person in the State, elect to use the powers the police officer has under this Division or to proceed under the 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 (1) Subsection (2) applies if — (a) a police officer of another participating jurisdiction suspects a person of having committed, or has alleged that a person has committed, an offence under that other jurisdiction's vehicle or driver licensing laws; and (b) the person has a connection with a cross‑border region. (2) A police officer of that other jurisdiction may exercise in the State any of the powers the police officer has under the law of that other jurisdiction in relation to the offence. 58. Other powers (1) In this section — licensing powers, of a police officer of another participating jurisdiction, means any of the powers the police officer has under that other jurisdiction's vehicle or driver licensing laws other than a power to which section 57(2) applies. (2) A police officer of another participating jurisdiction may exercise in the State any of the police officer's licensing powers in relation to a person who ordinarily resides in a part of that other jurisdiction that is in a cross‑border region. Subdivision 2 — Drink or drug‑driving laws 59. Powers that may be exercised in State (1) Subsection (3) applies if a police officer of another participating jurisdiction has required a person in a part of that other jurisdiction that is in a cross‑border region to provide a sample of the person's breath or oral fluid for a preliminary alcohol or drug test under that other jurisdiction's drink or drug‑driving laws. (2) Subsection (3) applies if — (a) a police officer of another participating jurisdiction suspects a person of having committed, or has alleged that a person has committed, a drink or drug‑driving offence under the law of that other jurisdiction; and (b) the person has a connection with a cross‑border region. (3) Subject to section 60, a police officer of that other jurisdiction may exercise in the State any of the powers the police officer has under that other jurisdiction's drink or drug‑driving laws in relation to the person. 60. Preliminary alcohol or drug test cannot be conducted in State Section 59 does not authorise a police officer of another participating jurisdiction to require a person in the State to provide a sample of breath or oral fluid for a preliminary alcohol or drug test under that other jurisdiction's drink or drug‑driving laws. Subdivision 3 — Vehicle impounding laws 61. 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 or other office holder of another participating jurisdiction may exercise in relation to a vehicle in the State any of the powers the police officer or office holder has under that other jurisdiction'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 that other jurisdiction. Subdivision 4 — Miscellaneous matters 62. Law of State does not apply The law of the State does not apply in relation to the powers in respect of which this Division applies. 63. Relationship with Division 1 The powers that a police officer of another participating jurisdiction is authorised under this Division to exercise in the State 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 the State. Division 3 — Restraining orders laws 64. Term used: NT police order In this Division — NT police order means an order made by a police officer of the Northern Territory under the Northern Territory's restraining orders laws. 65. Making NT police orders (1) A police officer of the Northern Territory may make an NT police order in the State 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 does not apply in relation to the making of the order. Note for this section: For the purpose of deciding whether or not the person against whom the NT 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. 66. Enforcement of NT police orders (1) This section applies if — (a) a person in the State is a person against whom an NT 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 Northern Territory may exercise the police officer's powers in relation to the person against whom the order is made. (3) The law of the State does not apply in relation to those powers. 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 for this section: 1. A person is suspected of committing an offence under WA law in the WA portion of the WA/SA/NT region. A WA magistrate anywhere in WA, SA or the NT may issue a warrant for the person's arrest. A WA police officer may arrest the person under the warrant anywhere in WA, SA or the NT. 2. A person who ordinarily resides in the WA/SA region is suspected of committing an offence under WA law in Kalgoorlie. A WA magistrate anywhere in WA or SA may issue a warrant for the person's arrest. A WA magistrate in the NT cannot issue a warrant. A WA police officer may arrest the person under the warrant anywhere in WA or SA but not in the NT. 3. A person who ordinarily resides in the WA/NT region is suspected of committing an offence under WA law in the WA portion of the WA/SA region. A WA magistrate anywhere in WA, SA or the NT may issue a warrant for the person's arrest. A WA police officer may arrest the person under the warrant anywhere in WA, SA 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