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Report Details


Committee Name:

Uniform Legislation and Statutes Review Committee

House:

Legislative Council
Report Type:Report

Title:

Cross-border Justice Bill 2007
Report No:24
No of Pages:61
Physical Location:Legislative Council Committee Office

Presentation Date:

02/19/2008
Inquiry Name(s):Cross-Border Justice Bill 2007


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Hide details for Executive Summary [<br>][<br>]Executive Summary



1 The Committee has examined the Cross-border Justice Bill 2007 in accordance with its established practice.

2 In the words of the Minister’s Second Reading speech the Bill proposes a “radical change, whereby Western Australia will allow the laws of South Australia and the Northern Territory to apply within its borders, … when this is warranted in the interests of the administration of justice. Western Australia is not dismantling its borders but is selectively relaxing the rigidity with which they are enforced.”

3 The unique circumstances surrounding the referral of this Bill to the Committee are discussed in detail within this Report.

4 The Committee makes four recommendations to the House for its consideration on the Bill.


Recommendations

5 Recommendations are grouped as they appear in the text at the page number indicated:

Page 10

    Recommendation 1: The Committee recommends that clause 19 of the Cross-border Justice Bill 2007 be amended to include the description of all proposed individual cross-border regions either within the clause or by reference to a Schedule to the Bill.

Page 10

    Recommendation 2: The Committee recommends that during debate on the Cross-border Justice Bill 2007, the responsible Minister do advise the Legislative Council about the extent to which it is intended to apply exclusively to indigenous people in remote communities.

Page 12

    Recommendation 3: The Committee recommends that, during debate on Part 2, Division 3 of the Cross-border Justice Bill 2007, the responsible Minister do advise the Legislative Council why it is necessary to reverse the onus of proof in the manner envisaged by clauses 27 and 28 of the Bill.

Page 14

    Recommendation 4: The Committee recommends that during the Committee stage of the Cross-border Justice Bill 2007, the Minister do advise the Legislative Council in detail how proposed Part 12 will impact upon the settled property law of Western Australia.