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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Criminal Investigation (Consequential
Provisions) Bill 2005
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Bail Act 1982 amended
3. The Act amended by this Part 3
4. Section 6 replaced and consequential amendments 3
6. Duty on arresting officer and others to
consider bail 3
5. Section 6A inserted 5
6A. Whether custody justified to be considered
in certain cases 5
6. Section 12 amended 7
7. Sections 18 and 19 repealed and consequential
amendment to section 27 7
Part 3 -- Corruption and Crime
Commission Act 2003 amended
8. The Act amended in this Part 8
9. Section 56 repealed 8
10. Section 101 amended 8
11. Section 184 amended 8
12. Section 223A inserted 9
223A. Disposal of things seized under this Act 9
Part 4 -- Court Security and Custodial
Services Act 1999 amended
13. The Act amended in this Part 11
115--3 page i
Criminal Investigation (Consequential Provisions) Bill 2005
Contents
14. Section 3 amended 11
15. Schedule 2 amended 11
7. Power to take identifying particulars of
persons in custody 11
Part 5 -- The Criminal Code
amended
Division 1 -- Amendments
16. The Criminal Code amended in this Part 13
17. Section 70A amended 13
18. Section 74A amended 13
19. Section 80J inserted 13
80J. Forfeiture of unlawful material 13
20. Section 231 amended 13
21. Section 232 repealed 14
22. Sections 236 and 237 repealed 14
23. Section 243 replaced 14
243. Prevention of violence by mentally
impaired person 14
24. Section 473 amended 15
25. Section 557B repealed 15
26. Chapters LX and LXA repealed 15
27. Chapter LXXII repealed 15
28. Section 731 inserted 15
731. Forfeiture etc. of property used to commit
offences 15
Division 2 -- Transitional provisions
29. Search warrants and related matters 16
Part 6 -- Criminal Investigation
(Extra-territorial Offences)
Act 1987 amended
30. The Act amended in this Part 18
31. Long title replaced 18
32. Headings inserted 18
Part 1 -- Preliminary
Part 2 -- Search warrants
Part 5 -- Miscellaneous
33. Certain references to "this Act" amended 19
page ii
Criminal Investigation (Consequential Provisions) Bill 2005
Contents
34. Section 8 replaced by Parts 3 and 4 19
Part 3 -- Searching vehicles
8. Vehicle in WA used to commit offence
outside WA 19
Part 4 -- Arrest powers
8A. Arrest power for foreign offence 21
Part 7 -- Criminal Investigation
(Identifying People) Act 2002
amended
35. The Act amended in this Part 24
36. Section 4 amended 24
37. Section 15 replaced 24
15. Warrants, applying for 24
38. Section 47 amended 26
39. Section 83 amended 27
40. Part 14 and Schedules 1 and 2 repealed 27
Part 8 -- Criminal Procedure
Act 2004 amended
41. The Act amended in this Part 28
42. Section 30 amended 28
43. Section 35 amended 30
44. Section 42 amended 30
45. Section 61 amended 30
46. Section 95 amended 30
Part 9 -- Gaming and Wagering
Commission Act 1987 amended
47. The Act amended in this Part 31
48. Section 31 amended 31
49. Section 31A inserted 31
31A. Powers to assist seizing things 31
50. Section 32 amended 31
51. Section 32A inserted 32
32A. Disposing of seized or forfeited things 32
52. Section 41 amended 32
page iii
Criminal Investigation (Consequential Provisions) Bill 2005
Contents
Part 10 -- Liquor Licensing Act 1988
amended
53. The Act amended in this Part 33
54. Section 113 amended 33
55. Section 155 amended 33
56. Section 172A inserted 33
172A. Forfeiture 33
57. Section 174A inserted 34
174A. Application of Criminal and Found
Property Disposal Act 2005 34
Part 11 -- Maritime Archaeology
Act 1973 amended
58. The Act amended in this Part 35
59. Section 11 amended 35
Part 12 -- Police Act 1892 amended
Division 1 -- Amendments
60. The Act amended in this Part 36
61. Section 2 repealed 36
62. Section 7 amended 36
63. Part III replaced 36
Part III -- Special constables
34. Interpretation 36
35. Appointing and terminating special
constables 37
36. Functions of special constables 37
37. Special constables not in the Police Force 39
64. Part V repealed 39
65. Part VI repealed 39
66. Section 123 repealed 39
67. Section 124 repealed 39
Division 2 -- Transitional provisions
68. Existing special constables' appointments
terminated 40
69. Search warrants and related matters 40
70. Embargo notices 40
page iv
Criminal Investigation (Consequential Provisions) Bill 2005
Contents
Part 13 -- Prostitution Act 2000
amended
71. The Act amended in this Part 42
72. Section 34 replaced 42
34. Powers to assist seizing things 42
Part 14 -- Various Acts amended
73. Various Acts amended (Sch. 1) 43
Schedule 1 -- Various Acts amended
1. Betting Control Act 1954 44
2. Criminal Appeals Act 2004 44
3. Disposal of Uncollected Goods Act 1970 44
4. Energy Operators (Powers) Act 1979 44
5. Firearms Act 1973 45
6. Guardianship and Administration Act 1990 45
7. Industrial Relations Act 1979 45
8. Interpretation Act 1984 45
9. Magistrates Court Act 2004 46
10. Poisons Act 1964 46
11. Prisons Act 1981 46
12. Public Interest Disclosure Act 2003 46
13. Public Works Act 1902 46
14. Unclaimed Money Act 1990 47
15. Western Australian Meat Industry Authority
Act 1976 47
16. The Western Australian Turf Club Act 1892 47
page v
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Criminal Investigation (Consequential
Provisions) Bill 2005
A Bill for
An Act to amend various Acts as a consequence of the enactment of
the --
• Criminal Investigation Act 2005; and
• Criminal and Found Property Disposal Act 2005,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Criminal Investigation (Consequential Provisions) Bill 2005
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Criminal Investigation (Consequential Provisions)
Act 2005.
5 2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
page 2
Criminal Investigation (Consequential Provisions) Bill 2005
Bail Act 1982 amended Part 2
s. 3
Part 2 -- Bail Act 1982 amended
3. The Act amended by this Part
The amendments in this Part are to the Bail Act 1982*.
[* Reprint 5 as at 1 April 2005.]
5 4. Section 6 replaced and consequential amendments
(1) Section 6 is repealed and the following section is inserted
instead --
"
6. Duty on arresting officer and others to consider bail
10 (1) This section applies to a police officer or other person
(the "arrester") who --
(a) charges a person who is under arrest (the
"accused") with an offence; and
(b) does not release the accused unconditionally
15 under section 141 of the Criminal Investigation
Act 2005,
or who arrests a person under a warrant.
(2) This section is subject to --
(a) the exercise of the power conferred by
20 section 9; and
(b) sections 10, 12 and 16 and clause 3A of Part C
of Schedule 1.
(3) The duties in this section shall be performed whether or
not an application for bail is made by or on behalf of
25 the accused.
page 3
Criminal Investigation (Consequential Provisions) Bill 2005
Part 2 Bail Act 1982 amended
s. 4
(4) As soon as is practicable after the accused is charged,
or arrested under a warrant, as the case may be, the
arrester shall either --
(a) bring the accused or cause the accused to be
5 brought before a court; or
(b) perform the other duties of the arrester under
this section.
(5) If the arrester has power to grant the accused bail, the
arrester shall consider the accused's case for bail.
10 (6) If the arrester does not have power to grant the accused
bail, the arrester shall, unless subsection (8), (9) or (10)
applies, bring or cause the accused to be brought before
an authorised police officer or a justice or, in the case
of a child, any authorised officer or a justice, who shall
15 consider the accused's case for bail as soon as is
practicable.
(7) Even if the arrester has power to grant the accused bail,
the arrester may, instead of complying with
subsection (5), comply with subsection (6) as if the
20 arrester did not.
(8) If under section 15 only a Judge of the Supreme Court
or a Judge of the Children's Court has power to grant
the accused bail, the arrester shall bring the accused or
cause the accused to be brought before a Judge of the
25 Supreme Court or a Judge of the Children's Court, as
the case requires, who shall consider the accused's case
for bail as soon as is practicable.
(9) If under section 16 only a justice has power to grant the
accused bail, the arrester shall bring the accused or
30 cause the accused to be brought before a justice, who
shall consider the accused's case for bail as soon as is
practicable.
page 4
Criminal Investigation (Consequential Provisions) Bill 2005
Bail Act 1982 amended Part 2
s. 5
(10) If section 16A applies, the arrester shall bring the
accused or cause the accused to be brought before a
court or Judge referred to in section 16A(1), who shall
consider the accused's case for bail as soon as is
5 practicable.
".
(2) Section 7(3)(a) is amended by deleting "section 6(3)" and
inserting instead --
" section 6(8) or (9) ".
10 (3) Section 16(1) is amended by deleting "section 6(2)(b)." and
inserting instead --
" section 6(9). ".
(4) Section 61(2)(b) is amended by deleting "section 6(2a)." and
inserting instead --
15 " section 6(7). ".
5. Section 6A inserted
After section 6 the following section is inserted --
"
6A. Whether custody justified to be considered in
20 certain cases
(1) In this section --
"accused" means an accused who is under arrest, other
than pursuant to a warrant;
"released" means released from custody without being
25 required to enter into, or without having entered
into, a bail undertaking;
"serious offence" means an indictable offence the
penalty specified by a written law for which is or
includes imprisonment for 5 years or more or life;
page 5
Criminal Investigation (Consequential Provisions) Bill 2005
Part 2 Bail Act 1982 amended
s. 5
"summary court" means the Magistrates Court or the
Children's Court.
(2) An authorised officer or justice who is considering an
accused's case for bail for an initial appearance in a
5 summary court on a charge of an indictable offence
that is not a serious offence may order that the accused
be served with a summons under the Criminal
Procedure Act 2004, and released, in respect of the
charge unless satisfied --
10 (a) that there are reasonable grounds to suspect the
accused would not obey the summons if served
with it; or
(b) that not releasing the accused is justified under
subsection (4) or for any other reason.
15 (3) An authorised officer or justice who is considering an
accused's case for bail for an initial appearance in a
summary court on a charge of a simple offence must
order that the accused be served with a court hearing
notice under the Criminal Procedure Act 2004, and
20 released, in respect of the charge unless satisfied --
(a) that the presence of the accused when the
charge is dealt with is likely to be necessary for
any reason or for sentencing purposes; or
(b) that not releasing the accused is justified under
25 subsection (4) or for any other reason.
(4) Not releasing an accused is justified if there are
reasonable grounds to suspect that if the accused were
released --
(a) the accused --
30 (i) would commit an offence;
(ii) would continue or repeat an offence
with which he or she is charged;
page 6
Criminal Investigation (Consequential Provisions) Bill 2005
Bail Act 1982 amended Part 2
s. 6
(iii) would endanger another person's safety
or property; or
(iv) would interfere with witnesses or
otherwise obstruct the course of justice,
5 whether in relation to the accused or any
other person;
or
(b) the accused's safety would be endangered.
(5) This section does not affect the operation of section 28
10 or 30 of the Criminal Procedure Act 2004.
".
6. Section 12 amended
Section 12 is amended as follows:
(a) by inserting after "requires" --
15 " or permits ";
(b) by deleting "section 236 of The Criminal Code,
section 50AA of the Police Act 1892" and inserting
instead --
" Part 12 of the Criminal Investigation Act 2005 ".
20 7. Sections 18 and 19 repealed and consequential amendment
to section 27
(1) Sections 18 and 19 are repealed.
(2) Section 27(1) is amended by deleting ", an authorised police
officer who dispenses with bail under section 18,".
page 7
Criminal Investigation (Consequential Provisions) Bill 2005
Part 3 Corruption and Crime Commission Act 2003 amended
s. 8
Part 3 -- Corruption and Crime Commission
Act 2003 amended
8. The Act amended in this Part
The amendments in this Part are to the Corruption and Crime
5 Commission Act 2003*.
[* Reprint 1 as at 5 January 2004.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 96.]
9. Section 56 repealed
10 Section 56 is repealed.
10. Section 101 amended
(1) After section 101(2) the following subsection is inserted --
"
(2a) An application for a warrant must be made in
15 accordance with section 12 of the Criminal
Investigation Act 2005 which applies with any
necessary changes.
".
(2) Section 101(7) is repealed.
20 11. Section 184 amended
(1) Section 184(3) is repealed and the following subsections are
inserted instead --
"
(3) For the purposes of the Criminal Investigation Act
25 2005 --
(a) the office of authorised officer is prescribed to
be a public officer; and
(b) a holder of that office may exercise all of the
powers of a public officer in that Act; and
page 8
Criminal Investigation (Consequential Provisions) Bill 2005
Corruption and Crime Commission Act 2003 amended Part 3
s. 12
(c) the Commissioner is prescribed to be a senior
officer in relation to the authorised officer for
the purposes of sections 44, 47, 97 and 132 of
that Act.
5 (3a) In addition to the powers conferred by subsection (3),
an authorised officer may exercise the powers of a
police officer in section 40 of the Criminal
Investigation Act 2005.
(3b) For the purposes of the Criminal Investigation
10 (Identifying People) Act 2002 --
(a) the office of authorised officer is prescribed to
be a public officer; and
(b) a holder of that office may exercise all of the
powers of a public officer in that Act; and
15 (c) the Commissioner is prescribed to be a senior
officer in relation to the authorised officer.
(3c) An authorised officer has and may perform all of the
functions that a police officer has and may perform
under any law of the State, other than the Acts referred
20 to in subsections (3) to (3b).
".
(2) Section 184(4) is amended by deleting "subsection (3)" and
inserting instead --
" subsections (3) to (3c) ".
25 12. Section 223A inserted
After section 223 the following section is inserted --
"
223A. Disposal of things seized under this Act
(1) The Criminal and Found Property Disposal Act 2005
30 applies to and in respect of anything seized under this
Act, other than a thing seized under section 75(4).
page 9
Criminal Investigation (Consequential Provisions) Bill 2005
Part 3 Corruption and Crime Commission Act 2003 amended
s. 12
(2) For the purposes of the Criminal and Found Property
Disposal Act 2005 --
(a) the Commission is a prescribed agency; and
(b) the Commissioner is the chief officer of the
5 Commission.
".
page 10
Criminal Investigation (Consequential Provisions) Bill 2005
Court Security and Custodial Services Act 1999 amended Part 4
s. 13
Part 4 -- Court Security and Custodial Services
Act 1999 amended
13. The Act amended in this Part
The amendments in this Part are to the Court Security and
5 Custodial Services Act 1999*.
[* Reprint 2 as at 9 September 2005.]
14. Section 3 amended
Section 3 is amended in the definition of "police officer" as
follows:
10 (a) by inserting "or" after paragraph (a);
(b) by deleting paragraph (b) and "or" after it.
15. Schedule 2 amended
Schedule 2 clause 7 is repealed and the following clause is
inserted instead --
15 "
7. Power to take identifying particulars of persons in
custody
(1) In this clause --
"identifying particular" of a person means --
20 (a) a print of the person's hands (including fingers),
feet (including toes) or ears;
(b) a photograph of the person (including of an
identifying feature of the person);
(c) a measurement of any identifying feature of the
25 person.
page 11
Criminal Investigation (Consequential Provisions) Bill 2005
Part 4 Court Security and Custodial Services Act 1999 amended
s. 15
(2) In respect of a person in custody who is at a custodial place
or being moved between custodial places, the power to take
or cause to be taken from the person any identifying
particular of the person that an authorised person suspects
5 on reasonable grounds --
(a) is not or may not be held by the Police Force; or
(b) is or may be needed to verify the person's identity
with identification particulars already held by the
Police Force.
10 (3) Sections 49 to 51 of the Criminal Investigation (Identifying
People) Act 2002, with any necessary changes, apply to and
in respect of taking an identifying particular from a person
under subclause (2) as if the person were a charged suspect.
(4) The taking of an identifying particular under subclause (2)
15 must be done in accordance with Part 8 of the Criminal
Investigation (Identifying People) Act 2002 which applies
with any necessary changes.
(5) Sections 67 and 69 of the Criminal Investigation
(Identifying People) Act 2002, with any necessary changes,
20 apply to and in respect of any identifying particular taken
under this clause from a person as if the particular had been
obtained under Part 7 of that Act and the person were a
suspect.
".
page 12
Criminal Investigation (Consequential Provisions) Bill 2005
The Criminal Code amended Part 5
Amendments Division 1
s. 16
Part 5 -- The Criminal Code amended
Division 1 -- Amendments
16. The Criminal Code amended in this Part
The amendments in this Part are to The Criminal Code*.
5 [* Reprint 12 as at 1 June 2005 (see the Schedule to the
Criminal Code Act 1913 appearing as Appendix B to the
Criminal Code Compilation Act 1913).]
17. Section 70A amended
Section 70A(1) is amended in the definition of "police officer"
10 by deleting "Part I, III" and inserting instead --
" Part I ".
18. Section 74A amended
Section 74A(4) is repealed.
19. Section 80J inserted
15 After section 80I the following section is inserted in
Chapter XI --
"
80J. Forfeiture of unlawful material
A court that convicts a person of an offence under
20 section 79, 80, 80C or 80D may make an order for the
forfeiture to the State, or the destruction or disposal, of
any written or pictorial material in respect of which the
offence was committed.
".
25 20. Section 231 amended
(1) Section 231 is amended by inserting before "It is lawful" the
subsection designation "(1)".
page 13
Criminal Investigation (Consequential Provisions) Bill 2005
Part 5 The Criminal Code amended
Division 1 Amendments
s. 21
(2) At the end of section 231 the following subsection is inserted --
"
(2) In determining whether any process or warrant might
have been executed, or any arrest made, in a less
5 forcible manner, the following shall be taken into
account --
(a) whether the person executing the process or
warrant had it with him or her and produced it
at the time;
10 (b) if it was practicable to do so at the time,
whether the person making an arrest, whether
with or without a warrant, gave notice of the
process or warrant under which the person was
acting or of the cause of the arrest.
15 ".
21. Section 232 repealed
Section 232 is repealed.
22. Sections 236 and 237 repealed
Sections 236 and 237 are repealed.
20 23. Section 243 replaced
Section 243 is repealed and the following section is inserted
instead --
"
243. Prevention of violence by mentally impaired person
25 It is lawful for any person to use such force as is
reasonably necessary in order to prevent a person
whom he believes, on reasonable grounds, to be
mentally impaired from doing violence to any person
or property.
30 ".
page 14
Criminal Investigation (Consequential Provisions) Bill 2005
The Criminal Code amended Part 5
Amendments Division 1
s. 24
24. Section 473 amended
After section 473(2) the following subsection is inserted --
"
(3) A court that convicts a person of an offence under this
5 section may make an order for the forfeiture to the
State, or the destruction or disposal, of any record in
respect of which the offence was committed.
".
25. Section 557B repealed
10 Section 557B is repealed.
26. Chapters LX and LXA repealed
Chapters LX and LXA are repealed.
27. Chapter LXXII repealed
Chapter LXXII is repealed.
15 28. Section 731 inserted
After section 730 the following section is inserted --
"
731. Forfeiture etc. of property used to commit offences
(1) A court that convicts a person of an offence under this
20 Code may make an order for the forfeiture to the State,
or the destruction or disposal, of any thing that was
used in or in connection with the commission of the
offence.
(2) A court must not make an order under subsection (1) in
25 respect of any property unless the owner or any person
who claims to be the owner of it has been afforded the
opportunity to show cause why the order should not be
made.
".
page 15
Criminal Investigation (Consequential Provisions) Bill 2005
Part 5 The Criminal Code amended
Division 2 Transitional provisions
s. 29
Division 2 -- Transitional provisions
29. Search warrants and related matters
(1) In this section --
"repeal day" means the day on which section 27 comes into
5 operation.
(2) This section does not limit the operation of the Interpretation
Act 1984 Part V.
(3) If immediately before repeal day a warrant issued under The
Criminal Code section 711 is in force but not executed, then,
10 subject to the terms of the warrant, the warrant may be executed
on or after repeal day and, if any thing is seized under it --
(a) despite section 711 and the warrant, the thing must not
be taken before a justice to be dealt with according to
law; and
15 (b) the Criminal and Found Property Disposal Act 2005
applies to and in respect of the thing.
(4) If immediately before repeal day a warrant issued under The
Criminal Code section 716 is in force but not executed, then,
subject to the terms of the warrant, the warrant may be executed
20 on or after repeal day and, if any person is found under it, then,
despite section 716 and the warrant, the person must be released
unless another written law provides to the contrary.
(5) If immediately before repeal day a person is in possession of
any thing seized or taken under The Criminal Code, then on
25 repeal day, subject to any order previously made in respect of
the thing under The Criminal Code section 714, the thing is to
be taken to be seized property for the purposes of the Criminal
and Found Property Disposal Act 2005 and that Act applies to
and in respect of it accordingly.
30 (6) If immediately before repeal day proceedings under The
Criminal Code section 714A in respect of any property are
pending in the Magistrates Court, then section 714A operates in
page 16
Criminal Investigation (Consequential Provisions) Bill 2005
The Criminal Code amended Part 5
Transitional provisions Division 2
s. 29
respect of the property on and after repeal day despite its repeal
on repeal day.
page 17
Criminal Investigation (Consequential Provisions) Bill 2005
Part 6 Criminal Investigation (Extra-territorial Offences) Act 1987
amended
s. 30
Part 6 -- Criminal Investigation (Extra-territorial
Offences) Act 1987 amended
30. The Act amended in this Part
The amendments in this Part are to the Criminal Investigation
5 (Extra-territorial Offences) Act 1987*.
[* Reprinted as at 23 August 2002.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 111.]
31. Long title replaced
10 The long title is repealed and the following long title is inserted
instead --
"
An Act to provide powers to investigate in this State certain
offences against the law of other places, and for related
15 purposes.
".
32. Headings inserted
(1) Immediately before section 1 the following heading is
inserted --
20 "
Part 1 -- Preliminary
".
(2) Immediately before section 3 the following heading is
inserted --
25 "
Part 2 -- Search warrants
".
page 18
Criminal Investigation (Consequential Provisions) Bill 2005
Criminal Investigation (Extra-territorial Offences) Act 1987 Part 6
amended
s. 33
(3) Immediately before section 9 the following heading is
inserted --
"
Part 5 -- Miscellaneous
5 ".
33. Certain references to "this Act" amended
(1) Section 3(1) and (2) are amended by deleting "this Act" in each
place it occurs and in each place inserting instead --
" this Part ".
10 (2) Section 4(1)(a) is amended by deleting "this Act" and inserting
instead --
" this Part ".
(3) Section 7(1)(a) is amended by deleting "this Act" and inserting
instead --
15 " this Part ".
34. Section 8 replaced by Parts 3 and 4
Section 8 is repealed and the following Parts are inserted
instead --
"
20 Part 3 -- Searching vehicles
8. Vehicle in WA used to commit offence outside WA
(1) In this section --
"vehicle" means any thing capable of transporting
people or things by air, road, rail or water, and it
25 does not matter how the thing is moved or
propelled.
(2) If a member of the Police Force reasonably suspects
that a vehicle in this State is being or may be used for a
page 19
Criminal Investigation (Consequential Provisions) Bill 2005
Part 6 Criminal Investigation (Extra-territorial Offences) Act 1987
amended
s. 34
journey to a place outside this State for the purpose of
doing or attempting to do an act that, if it were done in
this State, would be an element of an offence, he --
(a) may stop, detain, enter and search the vehicle;
5 (b) may search any person on board; and
(c) while he reasonably suspects that the journey
may be commenced or continued for that
purpose --
(i) may take charge of the vehicle and
10 detain it at any place he thinks fit; or
(ii) may take any reasonably necessary
action to prevent the vehicle from
commencing or continuing its journey.
(3) Sections 18 and 19 of the Criminal Investigation
15 Act 2005, with any necessary changes, apply to and in
respect of the power in subsection (2)(a) to stop a
vehicle.
(4) A member of the Police Force who has detained a
vehicle under subsection (2)(c), or a person aggrieved
20 by any action of such a member under
subsection (2)(c), may apply to the Magistrates Court
for an order under subsection (5).
(5) On such an application, the Magistrates Court may do
any or all of the following --
25 (a) order that the vehicle be released --
(i) unconditionally; or
(ii) on conditions imposed by the court;
(b) order that the vehicle be detained for a period
set by the court or until the court makes a
30 further order;
(c) make an order as to the payment of expenses
incurred or to be incurred by the Police Force in
page 20
Criminal Investigation (Consequential Provisions) Bill 2005
Criminal Investigation (Extra-territorial Offences) Act 1987 Part 6
amended
s. 34
relation to the stopping, detaining or safe
keeping of the vehicle;
(d) make an order as to the costs of the application.
(6) An order made under subsection (5)(a)(ii) may --
5 (a) impose conditions that not only relate to the
release of the vehicle but also to the use that
may be made of the vehicle during a period set
by the court and specified in the order;
(b) require a person to enter into an undertaking,
10 with or without sureties, to comply with the
order.
(7) The amount of any expenses or costs ordered to be paid
under subsection (5) may be recovered as a judgment
debt in a court of competent jurisdiction from the
15 person ordered to pay them.
(8) For the purposes of subsection (7) a registrar of the
Magistrates Court may issue a certified copy of the
order and that order may be registered in a court of
competent jurisdiction.
20 Part 4 -- Arrest powers
8A. Arrest power for foreign offence
(1) In this section --
"foreign offence" means an offence against the law of
the Commonwealth or of a place outside this State
25 (whether in or outside Australia) that, if committed
in this State, would have a statutory penalty that is
or includes imprisonment for 12 months or more
or life.
(2) A member of the Police Force may arrest a person in
30 this State for a foreign offence if he reasonably
page 21
Criminal Investigation (Consequential Provisions) Bill 2005
Part 6 Criminal Investigation (Extra-territorial Offences) Act 1987
amended
s. 34
suspects that the person has committed or is
committing the offence.
(3) A person arrested under subsection (2) must be taken to
the Magistrates Court or, if he or she is under 18 years
5 of age, the Children's Court, as soon as practicable
after being arrested.
(4) The court to which the arrested person is taken may --
(a) discharge the person from custody; or
(b) order that the person be kept in custody until,
10 and brought before the court on, a date set by
the court (the "return date") that is not less
than 7 days after the day on which the person
was arrested unless before that date a warrant
for the person's arrest is executed under a law
15 of the Commonwealth.
(5) A court that makes an order under subsection (4)(b)
may grant the person bail to appear before the court on
the return date.
(6) If the arrested person is brought or appears before the
20 court on the return date, the court must discharge the
person from custody unless the court is presented with
a warrant for the person's arrest that may be executed
under a law of the Commonwealth.
(7) If under subsection (5) the court grants the person bail
25 and the person enters into a bail undertaking under the
Bail Act 1982, then --
(a) if a warrant for the person's arrest is executed
under a law of the Commonwealth before or on
the date on which the person has undertaken to
30 appear, the undertaking ceases to have effect
when the warrant is executed;
(b) if paragraph (a) does not apply and the person
does not appear in accordance with the
page 22
Criminal Investigation (Consequential Provisions) Bill 2005
Criminal Investigation (Extra-territorial Offences) Act 1987 Part 6
amended
s. 34
undertaking, the Bail Act 1982 applies and the
person may be dealt with accordingly.
(8) For the purposes this section, the Bail Act 1982 applies
to and in respect of the arrested person as if the person
5 had been charged with an offence against the law of
this State.
(9) Proceedings under this section form part of the
criminal jurisdiction of the Magistrates Court or the
Children's Court.
10 ".
page 23
Criminal Investigation (Consequential Provisions) Bill 2005
Part 7 Criminal Investigation (Identifying People) Act 2002 amended
s. 35
Part 7 -- Criminal Investigation (Identifying People)
Act 2002 amended
35. The Act amended in this Part
The amendments in this Part are to the Criminal Investigation
5 (Identifying People) Act 2002*.
[* Act No. 6 of 2002.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 111-12
and Act No. 84 of 2004.]
10 36. Section 4 amended
Section 4 is amended by deleting ", acting in good faith,".
37. Section 15 replaced
Section 15 is repealed and the following section is inserted
instead --
15 "
15. Warrants, applying for
(1) In this section --
"judicial officer" means a JP or a magistrate, as the
case requires.
20 (2) A reference in this section to making an application
includes a reference to giving information in support of
the application.
(3) This section applies to and in respect of an application
to a judicial officer for a warrant if another section of
25 this Act requires the application to be made under this
section.
(4) The application must be made in person before the
judicial officer unless --
(a) the warrant is needed urgently; and
page 24
Criminal Investigation (Consequential Provisions) Bill 2005
Criminal Investigation (Identifying People) Act 2002 amended Part 7
s. 37
(b) the applicant reasonably suspects that a judicial
officer is not available within a reasonable
distance of the applicant,
in which case --
5 (c) it may be made to a judicial officer by remote
communication; and
(d) the judicial officer must not grant it unless
satisfied about the matters in paragraphs (a)
and (b).
10 (5) The application must be made in writing unless --
(a) the application is made by remote
communication; and
(b) it is not practicable to send the judicial officer
written material,
15 in which case --
(c) it may be made orally; and
(d) the judicial officer must make a written record
of the application and any information given in
support of it.
20 (6) The application must be made on oath unless --
(a) the application is made by remote
communication; and
(b) it is not practicable for the judicial officer to
administer an oath to the applicant,
25 in which case --
(c) it may be made in an unsworn form; and
(d) if the judicial officer issues a warrant, the
applicant must as soon as practicable send the
judicial officer an affidavit verifying the
30 application and any information given in
support of it.
page 25
Criminal Investigation (Consequential Provisions) Bill 2005
Part 7 Criminal Investigation (Identifying People) Act 2002 amended
s. 38
(7) If on an application made by remote communication a
judicial officer issues a warrant, the judicial officer
must, if practicable, send a copy of the original warrant
to the applicant by remote communication, but
5 otherwise --
(a) the judicial officer must give the applicant by
remote communication any information that
must be set out in the warrant;
(b) the applicant must complete a form of a warrant
10 with the information received and give the
judicial officer a copy of the form as soon as
practicable after doing so; and
(c) the judicial officer must attach the copy of the
form to the original warrant and any affidavit
15 received from the applicant and make them
available for collection by the applicant.
(8) The copy of the original warrant sent, or the form of
the warrant completed, as the case may be, under
subsection (7) has the same force and effect as the
20 original warrant.
".
38. Section 47 amended
(1) Section 47 is amended in the definition of "charged suspect" by
deleting "a serious offence" and inserting instead --
25 " an offence ".
(2) Section 47 is amended by deleting the definition of "identifying
particular" and inserting instead --
"
"identifying particular", in relation to a charged
30 suspect charged with a serious offence, means --
(a) a print of the suspect's hands (including
fingers), feet (including toes) or ears;
page 26
Criminal Investigation (Consequential Provisions) Bill 2005
Criminal Investigation (Identifying People) Act 2002 amended Part 7
s. 39
(b) a photograph of the suspect (including of an
identifying feature of the suspect);
(c) a measurement of any identifying feature of
the suspect;
5 (d) the suspect's DNA profile;
"identifying particular", in relation to a charged
suspect charged with an offence other than a
serious offence, means --
(a) a print of the suspect's hands (including
10 fingers), feet (including toes) or ears;
(b) a photograph of the suspect (including of an
identifying feature of the suspect);
(c) a measurement of any identifying feature of
the suspect.
15 ".
39. Section 83 amended
Section 83(3)(e) is deleted and the following paragraph is
inserted instead --
"
20 (e) the court is of the opinion that the
contravention arose out of a mistaken but
reasonable belief as to whether a person was a
protected person.
".
25 40. Part 14 and Schedules 1 and 2 repealed
Part 14 and Schedules 1 and 2 are repealed.
page 27
Criminal Investigation (Consequential Provisions) Bill 2005
Part 8 Criminal Procedure Act 2004 amended
s. 41
Part 8 -- Criminal Procedure Act 2004 amended
41. The Act amended in this Part
The amendments in this Part are to the Criminal Procedure
Act 2004*.
5 [* Act No. 71 of 2004.]
42. Section 30 amended
(1) Section 30(4) is repealed and the following subsections are
inserted instead --
"
10 (4) A magistrate to whom an application is made under
section 28 for an arrest warrant for an accused for a
charge of an indictable offence must not issue the
warrant unless satisfied --
(a) that the prosecution notice containing the
15 charge complies with section 23; and
(b) that there are reasonable grounds to suspect the
accused committed the offence; and
(c) that --
(i) there are reasonable grounds to suspect
20 that, if a summons were issued in
relation to the prosecution notice, the
accused would avoid service of the
summons or would not obey the
summons; or
25 (ii) the issue of the warrant is justified
under subsection (5).
(4a) A magistrate to whom an application is made under
section 28 for an arrest warrant for an accused for a
charge of a simple offence must not issue the warrant
30 unless satisfied --
(a) that the prosecution notice containing the
charge complies with section 23; and
page 28
Criminal Investigation (Consequential Provisions) Bill 2005
Criminal Procedure Act 2004 amended Part 8
s. 42
(b) that there are reasonable grounds to suspect the
accused committed the offence; and
(c) that --
(i) there are reasonable grounds to suspect
5 that if a court hearing notice were issued
in relation to the prosecution notice, the
accused would avoid service of the
court hearing notice; or
(ii) the presence of the accused when the
10 prosecution notice is dealt with is likely
to be necessary for any reason or for
sentencing purposes; or
(iii) the issue of the warrant is justified
under subsection (5).
15 ".
(2) Section 30(5)(a) is deleted and the following paragraph is
inserted instead --
"
(a) there are reasonable grounds to suspect that if
20 the accused were not arrested, the accused --
(i) would commit an offence;
(ii) would continue or repeat an offence
charged in the prosecution notice;
(iii) would endanger another person's safety
25 or property; or
(iv) would interfere with witnesses or
otherwise obstruct the course of justice,
whether in relation to the accused or any
other person;
30 ".
page 29
Criminal Investigation (Consequential Provisions) Bill 2005
Part 8 Criminal Procedure Act 2004 amended
s. 43
43. Section 35 amended
(1) Section 35(1) is amended in the definition of "confessional
material" by deleting "(within the meaning of The Criminal
Code section 570)" and inserting instead --
5 "
(as that term is defined in the Criminal Investigation
Act 2005 section 114)
".
(2) Section 35(3) is amended by deleting "The Criminal Code
10 section 570A." and inserting instead --
" the Criminal Investigation Act 2005 section 116. ".
44. Section 42 amended
Section 42(4) is amended by deleting "The Criminal Code
section 570A." and inserting instead --
15 " the Criminal Investigation Act 2005 section 116. ".
45. Section 61 amended
Section 61(4) is amended by deleting "The Criminal Code
section 570A." and inserting instead --
" the Criminal Investigation Act 2005 section 116. ".
20 46. Section 95 amended
Section 95(4) is amended by deleting "The Criminal Code
section 570A." and inserting instead --
" the Criminal Investigation Act 2005 section 116. ".
page 30
Criminal Investigation (Consequential Provisions) Bill 2005
Gaming and Wagering Commission Act 1987 amended Part 9
s. 47
Part 9 -- Gaming and Wagering Commission
Act 1987 amended
47. The Act amended in this Part
The amendments in this Part are to the Gaming and Wagering
5 Commission Act 1987*.
[* Reprint 3 as at 3 September 2004.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 183.]
48. Section 31 amended
10 Section 31 is amended by deleting "and take before a justice".
49. Section 31A inserted
After section 31 the following section is inserted --
"
31A. Powers to assist seizing things
15 Sections 145 to 149 of the Criminal Investigation
Act 2005 apply to and in respect of seizing a thing that
is or may be seized under this Act or the Betting
Control Act 1954.
".
20 50. Section 32 amended
(1) Section 32(1) is repealed.
(2) Section 32(2) is amended by deleting "and either destroyed or
dealt with in such manner as the court, then or subsequently,
may approve".
page 31
Criminal Investigation (Consequential Provisions) Bill 2005
Part 9 Gaming and Wagering Commission Act 1987 amended
s. 51
51. Section 32A inserted
After section 32 the following section is inserted --
"
32A. Disposing of seized or forfeited things
5 (1) In this section --
"seized thing" means any thing that is seized under
this Act or the Betting Control Act 1954.
(2) The Criminal and Found Property Disposal Act 2005
applies to and in respect of any seized thing and any
10 thing that is forfeited to the Crown under this Act or
the Betting Control Act 1954.
(3) For the purposes of the Criminal and Found Property
Disposal Act 2005 --
(a) the Commission is a prescribed agency;
15 (b) the chief executive officer of the Department is
the chief officer of the Commission.
".
52. Section 41 amended
Section 41(5) is amended as follows:
20 (a) by deleting "Subject to sections 90B and 90C of the
Police Act 1892, the" and inserting instead --
" The ";
(b) by deleting "is brought before the court or is the subject
of an embargo notice under section 90B of the Police
25 Act 1892" and inserting instead --
" has been seized ";
(c) by deleting "and either destroyed or dealt with in such
other manner as the court may, then or subsequently,
approve".
page 32
Criminal Investigation (Consequential Provisions) Bill 2005
Liquor Licensing Act 1988 amended Part 10
s. 53
Part 10 -- Liquor Licensing Act 1988 amended
53. The Act amended in this Part
The amendments in this Part are to the Liquor Licensing
Act 1988*.
5 [* Reprint 3 as at 23 April 2004.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 254-5.]
54. Section 113 amended
Section 113(3) is repealed.
10 55. Section 155 amended
(1) Section 155(4) is amended as follows:
(a) by deleting ", carry away and take before a justice";
(b) by deleting "section 113" and inserting instead --
" this Act ".
15 (2) Section 155(5) is repealed and the following subsection is
inserted instead --
"
(5) Subject to section 161, sections 145 to 149 of the
Criminal Investigation Act 2005, with any necessary
20 changes, apply to and in respect of seizing a thing that
is or may be seized under this Act.
".
56. Section 172A inserted
After section 172 the following section is inserted in Part 6 --
25 "
172A. Forfeiture
(1) If a court convicts a person of an offence under this Act
of illegally selling, supplying, consuming or storing
page 33
Criminal Investigation (Consequential Provisions) Bill 2005
Part 10 Liquor Licensing Act 1988 amended
s. 57
liquor, or of unlawfully possessing liquor, or of
possessing liquor for an unlawful purpose, the court
may declare all, or any specified part, of the liquor,
including any container or packaging, that relates to the
5 offence to be forfeited.
(2) If under section 167 an infringement notice is issued to
an alleged offender in respect of an alleged offence
under this Act of illegally selling, supplying,
consuming or storing liquor, or of unlawfully
10 possessing liquor, or of possessing liquor for an
unlawful purpose, and the modified penalty is paid and
the notice is not withdrawn, any liquor, including any
container or packaging, that relates to the offence and
has been seized is forfeited.
15 ".
57. Section 174A inserted
After section 174 the following section is inserted --
"
174A. Application of Criminal and Found Property
20 Disposal Act 2005
(1) The Criminal and Found Property Disposal Act 2005
applies to and in respect of any thing that is seized or
forfeited under this Act.
(2) For the purposes of the Criminal and Found Property
25 Disposal Act 2005 the department of the Public Service
that principally assists the Minister to administer this
Act is a prescribed agency.
".
page 34
Criminal Investigation (Consequential Provisions) Bill 2005
Maritime Archaeology Act 1973 amended Part 11
s. 58
Part 11 -- Maritime Archaeology Act 1973 amended
58. The Act amended in this Part
The amendments in this Part are to the Maritime Archaeology
Act 1973*.
5 [* Reprint 1 as at 3 October 2003.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 273.]
59. Section 11 amended
(1) Section 11(1) is amended by deleting "and take the same
10 forthwith before a Justice to be dealt with according to law".
(2) Section 11(2) is repealed and the following subsection is
inserted instead --
"
(2) The Criminal and Found Property Disposal Act 2005
15 applies to and in respect of any thing that is seized
under this section and for the purposes of that Act --
(a) the Museum is a prescribed agency; and
(b) the Director is the chief officer of the Museum.
".
page 35
Criminal Investigation (Consequential Provisions) Bill 2005
Part 12 Police Act 1892 amended
Division 1 Amendments
s. 60
Part 12 -- Police Act 1892 amended
Division 1 -- Amendments
60. The Act amended in this Part
The amendments in this Part are to the Police Act 1892*.
5 [* Reprint 12 as at 1 June 2005.]
61. Section 2 repealed
Section 2 is repealed.
62. Section 7 amended
Section 7(1) is amended by deleting "; and such non-
10 commissioned officers and constables shall have all such
powers and privileges, and be liable to all such duties and
obligations as any constable duly appointed now or hereafter
may have, or be liable to, either by the common law, or by
virtue of any statute law now or hereafter to be in force in the
15 said State".
63. Part III replaced
Part III is repealed and the following Part is inserted instead --
"
Part III -- Special constables
20 34. Interpretation
In this Part, unless the contrary intention appears --
"Commissioner" means the Commissioner of Police
appointed under section 5;
"police officer" means a person appointed under Part I
25 as an officer or constable of the Police Force, other
than as the Commissioner;
page 36
Criminal Investigation (Consequential Provisions) Bill 2005
Police Act 1892 amended Part 12
Amendments Division 1
s. 63
"special constable" means a special constable
appointed under section 35.
35. Appointing and terminating special constables
(1) The Commissioner may appoint any person as a special
5 constable.
(2) The appointment of a special constable may be for such
period and on such terms and conditions as the
Commissioner decides.
(3) The appointment of a special constable must not
10 include a term that provides for the payment of any
remuneration to a special constable unless the Minister
has approved the term.
(4) The Commissioner may at any time cancel the
appointment of a special constable.
15 (5) The appointment of a special constable, its terms and
conditions and any cancellation of it must be in writing
and signed by the Commissioner.
(6) The Commissioner must issue a special constable with
a certificate of his or her appointment as a special
20 constable.
(7) A special constable whose appointment as such ceases
must return any certificate issued to him or her under
subsection (6) to the Commissioner.
Penalty: $500.
25 36. Functions of special constables
(1) Unless the document appointing a special constable
says otherwise --
(a) a special constable has all of the powers, duties
and obligations that a police officer or a
30 member of the Police Force has under any
written law other than this Act; and
page 37
Criminal Investigation (Consequential Provisions) Bill 2005
Part 12 Police Act 1892 amended
Division 1 Amendments
s. 63
(b) any authorisation, exemption or exception in
any written law other than this Act that applies
to a police officer or a member of the Police
Force applies to a special constable,
5 unless that written law expressly says otherwise.
(2) If a provision of a written law other than this Act refers
to a police officer or to a member of the Police Force
but does not confer a power, duty or obligation on, or
create an authorisation, exemption or exception for, a
10 police officer or a member of the Police Force, the
provision is to be taken to include a reference to a
special constable, unless the contrary intention appears
in the provision.
(3) The document appointing a special constable may limit
15 the powers, duties or obligations of the special
constable or the application of any authorisation,
exemption or exception to the special constable in any
way the Commissioner thinks fit.
(4) Without limiting subsection (3) or section 35(2), the
20 document appointing a special constable may do any or
all of the following --
(a) limit the powers that the special constable may
exercise;
(b) limit when the special constable may exercise
25 his or her powers or any of them;
(c) limit where in the State the special constable
may exercise his or her powers or any of them;
(d) limit the circumstances in which the special
constable may exercise his or her powers or any
30 of them;
(e) limit the offences in respect of which the
special constable may exercise his or her
powers or any of them;
page 38
Criminal Investigation (Consequential Provisions) Bill 2005
Police Act 1892 amended Part 12
Amendments Division 1
s. 64
(f) limit the purposes for which the special
constable may exercise his or her powers or any
of them;
(g) limit or prohibit the possession or use of any
5 thing that the special constable would otherwise
be authorised under a written law to possess or
use, despite the written law.
(5) The document appointing a special constable may
require the special constable to inform the
10 Commissioner about the exercise by the special
constable of any power, or the performance of any duty
or obligation, that he or she has under the appointment.
37. Special constables not in the Police Force
(1) A special constable is not a member of the Police Force
15 of Western Australia for the purposes of this Act.
(2) Subsection (1) does not affect the operation of section
36(1) or (2) or 136.
".
64. Part V repealed
20 Part V is repealed.
65. Part VI repealed
Part VI is repealed.
66. Section 123 repealed
Section 123 is repealed.
25 67. Section 124 repealed
Section 124 is repealed.
page 39
Criminal Investigation (Consequential Provisions) Bill 2005
Part 12 Police Act 1892 amended
Division 2 Transitional provisions
s. 68
Division 2 -- Transitional provisions
68. Existing special constables' appointments terminated
(1) If immediately before the commencement of section 62 a person
holds an appointment as a special constable made under the
5 Police Act 1892 Part III, then on the commencement of
section 62 the person ceases to be a special constable.
(2) Subsection (1) does not prevent the appointment of a person to
whom it applies as a special constable under the Police Act 1892
Part III as inserted by section 62.
10 69. Search warrants and related matters
(1) In this section --
"repeal day" means the day on which section 64 comes into
operation.
(2) This section does not limit the operation of the Interpretation
15 Act 1984 Part V.
(3) If immediately before repeal day a warrant issued under the
Police Act 1892 section 70 is in force but not executed, then,
subject to the terms of the warrant, the warrant may be executed
on or after repeal day and, if any thing is seized under it --
20 (a) despite section 70 and the warrant, the thing must not be
taken before a Justice; and
(b) the Criminal and Found Property Disposal Act 2005
applies to and in respect of the thing.
70. Embargo notices
25 (1) In this section --
"repeal day" means the day on which section 65 comes into
operation.
page 40
Criminal Investigation (Consequential Provisions) Bill 2005
Police Act 1892 amended Part 12
Transitional provisions Division 2
s. 70
(2) If immediately before repeal day any property is subject to an
embargo notice granted under the Police Act 1892 section 90B,
whether the property was seized under Part V of that Act or
under an Act that refers to that section, then on and after repeal
5 day sections 90B and 90C of that Act apply to and in respect of
the notice as if they had not been repealed.
page 41
Criminal Investigation (Consequential Provisions) Bill 2005
Part 13 Prostitution Act 2000 amended
s. 71
Part 13 -- Prostitution Act 2000 amended
71. The Act amended in this Part
The amendments in this Part are to the Prostitution Act 2000*.
[* Reprint 1 as at 22 July 2005.]
5 72. Section 34 replaced
Section 34 is repealed and the following section is inserted
instead --
"
34. Powers to assist seizing things
10 Sections 145 to 149 of the Criminal Investigation
Act 2005, with any necessary changes, apply to and in
respect of seizing a thing that is or may be seized under
this Act.
".
page 42
Criminal Investigation (Consequential Provisions) Bill 2005
Various Acts amended Part 14
s. 73
Part 14 -- Various Acts amended
73. Various Acts amended (Sch. 1)
Each Act listed in Schedule 1 is amended as set out in that
Schedule immediately below the short title of the Act.
page 43
Criminal Investigation (Consequential Provisions) Bill 2005
Schedule 1 Various Acts amended
cl. 1
Schedule 1 -- Various Acts amended
[s. 73]
1. Betting Control Act 1954
s. 31A(3) Delete "and take before a justice".
2. Criminal Appeals Act 2004
s. 6 In the definition of "decision", insert after paragraph (h) --
"
(i) a decision made under the Criminal
Investigation Act 2005 section 150;
".
5 3. Disposal of Uncollected Goods Act 1970
Schedule Delete the column headed "Number of Act.".
Delete "Firearms and Guns Act 1931.".
Delete "Police Act 1892.".
Insert in the appropriate alphabetical positions --
"
Criminal and Found Property Disposal Act 2005.
Criminal Investigation Act 2005.
Firearms Act 1973.
".
4. Energy Operators (Powers) Act 1979
s. 74(2) Delete "or convey him before a justice to be dealt with" and
insert instead --
" who shall deal with him ".
s. 78 Delete "or convey him before a Justice to be dealt with" and
insert instead --
" who shall deal with him ".
page 44
Criminal Investigation (Consequential Provisions) Bill 2005
Various Acts amended Schedule 1
cl. 5
5. Firearms Act 1973
s. 24(5) Delete "taken before a Justice to be".
s. 26(1) Delete "and take".
Delete "before a Justice to be dealt with according to law".
6. Guardianship and Administration Act 1990
s. 97(1) Delete "Advocate are -- " and insert instead --
" Advocate are as follows -- ".
Delete "and" after paragraph (g).
Delete the full stop after paragraph (h) and insert instead a
semicolon.
After paragraph (h) insert the following paragraph --
"
(i) any other function conferred on the Public
Advocate by a written law.
".
7. Industrial Relations Act 1979
Schedule 3 In clause 2(3), insert after "officer" --
"
or, in the case of a special constable, the cancellation of
the constable's appointment
".
8. Interpretation Act 1984
s. 5 Delete the definition of "police officer" and insert instead --
"
"police officer" means a person appointed under Part I
of the Police Act 1892 to be a member of the
Police Force of Western Australia;
".
page 45
Criminal Investigation (Consequential Provisions) Bill 2005
Schedule 1 Various Acts amended
cl. 9
9. Magistrates Court Act 2004
s. 11 After subsection (3), insert the following subsection --
"
(3a) The Court's criminal jurisdiction includes
any jurisdiction that is conferred on the
Court by a written law other than this Act
and that is expressly said to form part of the
Court's criminal jurisdiction.
".
10. Poisons Act 1964
s. 53(2) Delete "the Police Act 1892, or of ".
11. Prisons Act 1981
s. 3(1) Amend the definition of "police officer" as follows:
(a) insert "or" after paragraph (a);
(b) delete paragraph (b) and "or" after it.
12. Public Interest Disclosure Act 2003
s. 3(1) Amend the definition of "police officer" as follows --
(a) insert "or" after paragraph (a);
(b) delete paragraph (b) and "or" after it.
5 13. Public Works Act 1902
s. 109(3) Delete "until he can be conveniently taken before some Justice
of the Peace to be dealt with according to law." and insert
instead --
"
who shall as soon as practicable take him to a
police officer or arrange for a police officer to
attend.
".
page 46
Criminal Investigation (Consequential Provisions) Bill 2005
Various Acts amended Schedule 1
cl. 14
14. Unclaimed Money Act 1990
s. 9(1)(h) Delete the paragraph and insert the following paragraph
instead --
"
(h) is money that under the Criminal
and Found Property Disposal
Act 2005 is to be dealt with under
this Act;
".
15. Western Australian Meat Industry Authority Act 1976
s. 24H(2) Repeal the subsection and insert the following subsection
instead --
"
(2) If an inspector seizes any thing under this
section, the inspector is a prescribed agency,
as that term is defined in the Criminal and
Found Property Disposal Act 2005, and that
Act applies to and in respect of the seized
thing.
".
16. The Western Australian Turf Club Act 1892
s. 22 Delete "constable who shall convey him with all convenient
dispatch before some justice without any warrant or other
authority than this Act and such justice" and insert instead --
" officer who ".
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