Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Acts Amendment (Criminal Investigation)
Bill 2001
CONTENTS
1. Short title 1
2. Commencement 2
3. Coroners Act 1996 amended 2
4. Surveillance Devices Act 1998 amended 3
page i
66--2
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Acts Amendment (Criminal Investigation)
Bill 2001
A Bill for
An Act to amend --
• the Coroners Act 1996; and
• the Surveillance Devices Act 1998.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Acts Amendment (Criminal
Investigation) Act 2001.
page 1
Acts Amendment (Criminal Investigation) Bill 2001
s. 2
2. Commencement
This Act comes into operation on the seventh day after the day
on which it receives the Royal Assent.
3. Coroners Act 1996 amended
5 (1) The Coroners Act 1996* section 46(3) and the penalty provision
at the foot of it are repealed.
[* Reprinted as at 3 August 2001.]
(2) After section 46 of that Act, the following section is inserted --
"
10 46A. Crime of disobeying coroner
(1) A person who does not obey a summons, order, or
direction of a coroner under section 46(1) commits an
offence that is a crime.
Penalty: Imprisonment for 5 years and a fine
15 of $100 000.
(2) If the offence is dealt with summarily under
subsection (3), the maximum penalty for the offence
that may be imposed by the court in the summary
proceedings is imprisonment for 2 years and a fine
20 of $40 000.
(3) If a person charged before a court of summary
jurisdiction with an offence under subsection (1) elects
to have the charge dealt with summarily and the
prosecutor consents, the charge is to be dealt with
25 summarily.
(4) Despite subsection (3) --
(a) if the court hearing the charge is, for any
reason, of the opinion that the charge should be
prosecuted on indictment, the court is to abstain
page 2
Acts Amendment (Criminal Investigation) Bill 2001
s. 4
from dealing with the charge summarily and
commit the defendant for trial on indictment;
(b) if the court, having convicted the defendant in
summary proceedings, is, for any reason, of the
5 opinion that the penalty that it is empowered to
impose would be inadequate, the court may,
instead of passing sentence, commit the
convicted person for sentence.
(5) Proceedings for an offence under subsection (1) can be
10 commenced at any time.
".
4. Surveillance Devices Act 1998 amended
After the Surveillance Devices Act 1998* section 4, in Part 1,
the following section is inserted --
15 "
4A. State police working for National Crime Authority
A power under this Act may be exercised in a person's
capacity as a member of the police force of the State
even if the person is also a member of the staff of the
20 National Crime Authority.
".
[* Act No. 56 of 1998.]
[Index] [Search] [Download] [Related Items] [Help]