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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Criminal Procedure and Appeals (Consequential
and Other Provisions) Bill 2004
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Interpretation Act 1984, operation of 2
Part 2 -- Various Acts repealed
4. Criminal Procedure (Summary) Act 1902 repealed
and transitional provision 3
5. Grand Jury Abolition Act Amendment Act 1883
repealed 3
Part 3 -- Bail Act 1982 amended
6. The Act amended in this Part 4
7. Section 48 amended 4
8. Section 49 amended 4
9. Section 54 amended 5
10. Schedule 1 Part A amended 6
11. Small amendments 7
Part 4 -- Children's Court of Western
Australia Act 1988 amended
12. The Act amended in this Part 10
13. Section 19B amended 10
14. Section 20 amended 10
15. Section 41 replaced 11
16. Section 42A inserted 11
17. Section 43 amended 11
18. Small amendments 12
335--2 page i
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Contents
Part 5 -- The Criminal Code amended
19. The Criminal Code amended 14
20. Section 360 amended 14
21. Heading to Part VIII replaced 14
22. Chapters LXI and LXII repealed 15
23. Heading to Chapter LXIII replaced 15
24. Chapters LXIV to LXIX repealed 15
25. Chapter LXXIII repealed 15
26. Section 730 inserted 15
27. Amendments about previous convictions 15
28. Other repeals and amendments 16
Part 6 -- Director of Public Prosecutions
Act 1991 amended
29. The Act amended in this Part 17
30. Section 16A inserted 17
31. Small amendments 18
Part 7 -- District Court of Western
Australia Act 1969 amended
32. The Act amended in this Part 19
33. Section 5 amended 19
34. Section 43 replaced 19
35. Sections 46 to 49 repealed 19
Part 8 -- Evidence Act 1906 amended
36. The Act amended in this Part 20
37. Section 106H amended 20
38. Section 106RA inserted 20
39. Section 106T amended 21
40. Section 119 amended 23
41. Small amendments 23
Part 9 -- Fines, Penalties and
Infringement Notices Enforcement
Act 1994 amended
42. The Act amended in this Part 25
43. Section 21 amended 25
44. Section 58 replaced 26
page ii
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Contents
45. Section 101B amended 27
46. Small amendments 27
Part 10 -- Juries Act 1957 amended
47. The Act amended in this Part 28
48. Section 38 repealed 28
49. Section 41 replaced 28
50. Section 57A inserted 28
51. Small amendments 29
Part 11 -- Local Government Act 1995
amended
52. The Act amended in this Part 30
53. Section 4.97 replaced 30
54. Section 9.24 replaced 31
Part 12 -- Official Prosecutions
(Defendants' Costs) Act 1973
amended
55. The Act amended in this Part 32
56. Section 4 amended 32
Part 13 -- Sentencing Act 1995
amended
57. The Act amended in this Part 34
58. Section 79 replaced 34
59. Section 84E replaced 36
60. Section 114A inserted 37
61. Section 129 replaced 38
62. Section 131 amended 40
63. Section 140 amended 40
64. Schedule 1 amended 40
65. Small amendments 41
Part 14 -- Supreme Court Act 1935
amended
66. The Act amended in this Part 42
67. Section 33 inserted 42
68. Section 154 amended 42
page iii
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Contents
69. Heading to Part X amended 43
70. Heading inserted 43
71. Section 178 inserted 43
72. Small amendments 44
Part 15 -- Young Offenders Act 1994
amended
73. The Act amended in this Part 45
74. Section 55 amended 45
75. Section 60 inserted 45
76. Section 178 amended 46
77. Small amendments 46
Part 16 -- Various Acts amended
78. Various Acts amended (Sch 1) 47
Part 17 -- Amendments to change
terminology
79. References to "complaint" changed to "prosecution
notice" 48
80. Various Acts amended (Sch 2) 48
81. References to "complaint" to be read as references to
"prosecution notice" 48
82. References to "defendant" changed to "accused" 49
83. Bail Act 1982 amended 57
84. Criminal Law (Mentally Impaired Defendants)
Act 1996 amended 58
85. Evidence Act 1906 amended 59
86. Official Prosecutions (Defendants' Costs) Act 1973
amended 61
Schedule 1 -- Amendments to various
Acts
1. Aboriginal Affairs Planning Authority Act 1972 62
2. Agricultural Products Act 1929 62
3. Agriculture and Related Resources Protection
Act 1976 62
4. Architects Act 1921 62
5. Art Gallery Act 1959 62
6. Companies (Co-operative) Act 1943 62
page iv
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Contents
7. Co-operative and Provident Societies Act 1903 62
8. Corruption and Crime Commission Act 2003 63
9. Criminal Law (Mentally Impaired Defendants)
Act 1996 63
10. Diamond (Argyle Diamond Mines Joint Venture)
Agreement Act 1981 63
11. Fertilizers Act 1977 63
12. Finance Brokers Control Act 1975 64
13. Health Act 1911 64
14. Industrial Relations Act 1979 64
15. Interpretation Act 1984 65
16. Land Drainage Act 1925 65
17. Land Valuers Licensing Act 1978 65
18. Litter Act 1979 65
19. Magistrates Court Act 2004 65
20. Minimum Conditions of Employment Act 1993 66
21. Museum Act 1969 66
22. Occupational Safety and Health Act 1984 66
23. Police Act 1892 66
24. Pollution of Waters by Oil and Noxious Substances
Act 1987 66
25. Prisons Act 1981 66
26. Prostitution Act 2000 67
27. Psychologists Registration Act 1976 67
28. Rail Safety Act 1998 68
29. Road Traffic Act 1974 68
30. Royal Commissions Act 1968 68
31. Strata Titles Act 1985 68
32. Street Alignment Act 1844 68
33. Suitors' Fund Act 1964 68
34. Transfer of Land Act 1893 69
35. Veterinary Preparations and Animal Feeding Stuffs
Act 1976 69
36. Weapons Act 1999 69
37. Wildlife Conservation Act 1950 69
38. Workers' Compensation and Rehabilitation Act 1981 69
Schedule 2 -- Amendments to change
terminology
1. Aboriginal Affairs Planning Authority Act 1972 71
page v
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Contents
2. Aboriginal Communities Act 1979 71
3. Aboriginal Heritage Act 1972 72
4. Agricultural and Veterinary Chemicals (Western
Australia) Act 1995 72
5. Agricultural Products Act 1929 72
6. Agriculture and Related Resources Protection
Act 1976 72
7. Animal Welfare Act 2002 73
8. Architects Act 2004 74
9. Armorial Bearings Protection Act 1979 74
10. Art Gallery Act 1959 74
11. Betting Control Act 1954 74
12. Botanic Gardens and Parks Authority Act 1998 75
13. Builders' Registration Act 1939 75
14. Building and Construction Industry Training Fund
and Levy Collection Act 1990 75
15. Bush Fires Act 1954 76
16. Cannabis Control Act 2003 76
17. Caravan Parks and Camping Grounds Act 1995 76
18. Casino Control Act 1984 76
19. Cemeteries Act 1986 76
20. Censorship Act 1996 77
21. Chicken Meat Industry Act 1977 77
22. Child Welfare Act 1947 77
23. Children and Community Services Act 2004 78
24. Children's Court of Western Australia Act 1988 79
25. Coal Industry Tribunal of Western Australia Act 1992 80
26. Community Services Act 1972 80
27. Companies (Co-operative) Act 1943 80
28. Competition Policy Reform (Western Australia)
Act 1996 80
29. Conservation and Land Management Act 1984 80
30. Construction Industry Portable Paid Long Service
Leave Act 1985 81
31. Contaminated Sites Act 2003 81
32. Control of Vehicles (Off-road Areas) Act 1978 81
33. Co-operative and Provident Societies Act 1903 82
34. Country Areas Water Supply Act 1947 82
35. Country Towns Sewerage Act 1948 82
36. The Criminal Code 82
page vi
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Contents
37. Criminal Investigation (Extra-territorial Offences)
Act 1987 83
38. Criminal Investigation (Identifying People) Act 2002 83
39. Criminal Law (Mentally Impaired Defendants)
Act 1996 83
40. Criminal Property Confiscation Act 2000 83
41. Curtin University of Technology Act 1966 84
42. Dangerous Goods Safety Act 2004 84
43. Dental Act 1939 84
44. Dental Prosthetists Act 1985 84
45. Director of Public Prosecutions Act 1991 84
46. Disability Services Act 1993 85
47. Dog Act 1976 85
48. Edith Cowan University Act 1984 85
49. Electoral Act 1907 85
50. Energy Operators (Powers) Act 1979 86
51. Environmental Protection Act 1986 86
52. Evidence Act 1906 86
53. Exotic Diseases of Animals Act 1993 87
54. Fair Trading Act 1987 87
55. Family Court Act 1997 87
56. Fertilizers Act 1977 88
57. Finance Brokers Control Act 1975 88
58. Fines, Penalties and Infringement Notices
Enforcement Act 1994 88
59. Firearms Act 1973 88
60. First Home Owner Grant Act 2000 89
61. Fish Resources Management Act 1994 89
62. Forest Products Act 2000 90
63. Gaming and Wagering Commission Act 1987 90
64. Government Agreements Act 1979 91
65. Government Railways Act 1904 91
66. Health Act 1911 91
67. Heritage of Western Australia Act 1990 93
68. Home Building Contracts Act 1991 94
69. Human Reproductive Technology Act 1991 94
70. Income Tax Assessment Act 1937 94
71. Industrial Relations Act 1979 94
72. Land Drainage Act 1925 95
73. Licensed Surveyors Act 1909 95
74. Liquor Licensing Act 1988 96
page vii
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Contents
75. Litter Act 1979 97
76. Local Government Act 1995 97
77. Local Government (Miscellaneous Provisions)
Act 1960 98
78. Magistrates Court Act 2004 98
79. Marine and Harbours Act 1981 99
80. Maritime Archaeology Act 1973 99
81. Marketing of Potatoes Act 1946 99
82. Medical Act 1894 99
83. Metropolitan Water Supply, Sewerage, and Drainage
Act 1909 100
84. Mines Safety and Inspection Act 1994 100
85. Mining Act 1978 100
86. Motor Vehicle (Third Party Insurance) Act 1943 100
87. Motor Vehicle Dealers Act 1973 100
88. Motor Vehicle Repairers Act 2003 101
89. Murdoch University Act 1973 101
90. Museum Act 1969 101
91. National Trust of Australia (W.A.) Act 1964 101
92. New Tax System Price Exploitation Code (Western
Australia) Act 1999 101
93. Nurses Act 1992 101
94. Occupational Safety and Health Act 1984 102
95. Occupational Therapists Registration Act 1980 102
96. Official Prosecutions (Defendants' Costs) Act 1973 102
97. Optometrists Act 1940 102
98. Painters' Registration Act 1961 102
99. Pawnbrokers and Second-hand Dealers Act 1994 103
100. Pearling Act 1990 103
101. Perth Market Act 1926 103
102. Perth Parking Management Act 1999 103
103. Petroleum Products Pricing Act 1983 104
104. Petroleum Safety Act 1999 104
105. Pharmacy Act 1964 104
106. Pig Industry Compensation Act 1942 104
107. Planning and Development Act 2004 104
108. Plant Diseases Act 1914 105
109. Podiatrists Registration Act 1984 105
110. Poisons Act 1964 105
111. Police Act 1892 105
112. Port Authorities Act 1999 106
page viii
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Contents
113. Prisoners (Interstate Transfer) Act 1983 106
114. Prisons Act 1981 107
115. Prostitution Act 2000 107
116. Psychologists Registration Act 1976 107
117. Public Meetings and Processions Act 1984 107
118. Public Transport Authority Act 2003 107
119. Rail Safety Act 1998 108
120. Rates and Charges (Rebates and Deferments)
Act 1992 108
121. Real Estate and Business Agents Act 1978 109
122. Retail Trading Hours Act 1987 109
123. Road Traffic Act 1974 109
124. Road Traffic Amendment Act (No. 2) 1987 110
125. Road Traffic Amendment Act 2000 110
126. Rottnest Island Authority Act 1987 111
127. Sale of Land Act 1970 111
128. School Education Act 1999 111
129. Securities Industry Act 1975 112
130. Seeds Act 1981 112
131. Settlement Agents Act 1981 112
132. Soil and Land Conservation Act 1945 112
133. Spear-guns Control Act 1955 113
134. Spent Convictions Act 1988 113
135. Suitors' Fund Act 1964 113
136. Swan River Trust Act 1988 113
137. Taxation Administration Act 2003 113
138. Taxi Act 1994 114
139. Transport Co-ordination Act 1966 114
140. Travel Agents Act 1985 114
141. University of Western Australia Act 1911 114
142. Valuation of Land Act 1978 115
143. Veterinary Preparations and Animal Feeding Stuffs
Act 1976 115
144. Veterinary Surgeons Act 1960 115
145. Vexatious Proceedings Restriction Act 2002 116
146. Water Agencies (Powers) Act 1984 116
147. Water Boards Act 1904 116
148. Waterways Conservation Act 1976 116
149. Weights and Measures Act 1915 117
150. Western Australian College of Teaching Act 2004 117
151. Western Australian Marine Act 1982 117
page ix
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Contents
152. Western Australian Sports Centre Trust Act 1986 118
153. Western Australian Trotting Association Act 1946 118
154. The Western Australian Turf Club Act 1892 118
155. White Phosphorus Matches Prohibition Act 1912 118
156. Wildlife Conservation Act 1950 118
157. Workers' Compensation and Rehabilitation Act 1981 119
158. Workers' Compensation and Injury Management
Act 1981 119
159. Young Offenders Act 1994 120
160. Zoological Parks Authority Act 2001 120
page x
Western Australia
LEGISLATIVE ASSEMBLY
Criminal Procedure and Appeals (Consequential
and Other Provisions) Bill 2004
A Bill for
An Act to --
• repeal the Criminal Procedure (Summary) Act 1902; and
• amend The Criminal Code and various Acts,
as a consequence of and in connection with the enactment of the --
• Criminal Procedure Act 2004; and
• Criminal Appeals Act 2004,
and to amend various Acts in relation to procedural and other
matters.
The Parliament of Western Australia enacts as follows:
page 1
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Criminal Procedure and Appeals
(Consequential and Other Provisions) Act 2004.
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.
(3) For the purposes of subsection (2), each amendment in a Table
10 to a provision of this Act or in a Schedule to this Act is to be
taken to be a separate provision of this Act.
3. Interpretation Act 1984, operation of
If an enactment is repealed by this Act and is re-enacted (with
or without modification) by the --
15 (a) Criminal Procedure Act 2004; or
(b) Criminal Appeals Act 2004,
then for the purposes of the Interpretation Act 1984 section 36,
the enactment is to be taken to have been repealed and
re-enacted by the Act referred to in paragraph (a) or (b).
page 2
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Various Acts repealed Part 2
s. 4
Part 2 -- Various Acts repealed
4. Criminal Procedure (Summary) Act 1902 repealed and
transitional provision
(1) The Criminal Procedure (Summary) Act 1902 is repealed.
5 (2) A reference in a written law or book, document or writing to the
Criminal Procedure (Summary) Act 1902 is, unless the contrary
intention appears, to be construed as if it had been amended to
be a reference to the Criminal Procedure Act 2004.
5. Grand Jury Abolition Act Amendment Act 1883 repealed
10 The Grand Jury Abolition Act Amendment Act 1883 is repealed.
page 3
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 3 Bail Act 1982 amended
s. 6
Part 3 -- Bail Act 1982 amended
6. The Act amended in this Part
The amendments in this Part are to the Bail Act 1982*.
[* Reprinted as at 27 August 1999.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 28 and
Acts Nos. 50 of 2003 and 4 of 2004.]
7. Section 48 amended
Section 48(5) is repealed and the following subsection is
10 inserted instead --
"
(5) An application under subsection (1) must be made, and
proceedings on it are to be conducted --
(a) in a court of summary jurisdiction -- in
15 accordance with regulations made under the
Criminal Procedure Act 2004;
(b) in the Supreme Court or the District Court -- in
accordance with rules of court made under the
Criminal Procedure Act 2004.
20 ".
8. Section 49 amended
(1) If the Bail Amendment Act 2004 has not come into operation
when this subsection comes into operation, section 49(1)(a) of
the Bail Act 1982 is amended by deleting "make application for
25 payment by way of complaint to an appropriate judicial officer"
and inserting instead --
"
apply to an appropriate judicial officer for an order that
the sum be paid
30 ".
page 4
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Bail Act 1982 amended Part 3
s. 9
(2) Section 49(2) is repealed and the following subsection is
inserted instead --
"
(2) An application under subsection (1) must be made, and
5 proceedings on it are to be conducted --
(a) in a court of summary jurisdiction -- in
accordance with regulations made under the
Criminal Procedure Act 2004;
(b) in the Supreme Court or the District Court -- in
10 accordance with rules of court made under the
Criminal Procedure Act 2004.
".
9. Section 54 amended
(1) If the Bail Amendment Act 2004 has not come into operation
15 when this subsection comes into operation, section 54(2)(b) of
the Bail Act 1982 is amended by deleting "make a complaint to
an appropriate judicial officer as to" and inserting instead --
"
apply to an appropriate judicial officer for a summons
20 or warrant on
".
(2) Section 54(3) is repealed and the following subsection is
inserted instead --
"
25 (3) An application under subsection (2)(b) must be made,
and proceedings on it are to be conducted --
(a) in a court of summary jurisdiction -- in
accordance with regulations made under the
Criminal Procedure Act 2004;
30 (b) in the Supreme Court or the District Court -- in
accordance with rules of court made under the
Criminal Procedure Act 2004.
".
page 5
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 3 Bail Act 1982 amended
s. 10
10. Schedule 1 Part A amended
(1) Schedule 1 Part A clause 1 is amended as follows:
(a) by inserting before "The initial" the subclause
designation " (1) ";
5 (b) by deleting "court" and inserting instead --
"
a court of summary jurisdiction or the Children's Court
";
(c) by inserting at the foot of the clause the following
10 subclause --
"
(2) The initial appearance in the A judge of the District Court
District Court or the or a judge of the Supreme
Supreme Court, not being Court, as the case requires.
the initial appearance to
which clause 3 applies.
".
(2) Schedule 1 Part A clause 4 is deleted and the following clause is
inserted instead --
15 "
4. Appearance in connection with appeal etc.
(1) Appearance in connection If the appeal is being
with an application or appeal determined by a single judge
made under the Criminal of the Supreme Court, a single
Appeals Act 2004 or with judge of the Supreme Court;
any order made in If the appeal is being
determining the application determined by the Court of
or appeal. Appeal, the Court of Appeal
or a single judge of appeal.
(2) Appearance in connection The Children's Court.
with a rehearing of
proceedings ordered under
section 28 of the Children's
Court of Western Australia
Act 1988.
page 6
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Bail Act 1982 amended Part 3
s. 11
(3) Appearance in connection The Children's Court
with the reconsideration of constituted by the President.
an order under section 40 of
the Children's Court of
Western Australia Act 1988.
".
(3) Schedule 1 Part A clause 7 is deleted and the following clause is
inserted instead --
"
5 7. Interpretation in this Part
In this Part, unless the contrary intention appears --
"proceedings for an offence" in clause 2 (but not in
clause 1) includes any of the following proceedings
relating to that offence --
10 (a) appeal proceedings;
(b) proceedings on a writ of habeas corpus; and
(c) proceedings on the re-appearance of an offender
under section 50 of the Sentencing Act 1995.
".
15 11. Small amendments
The Act is amended as set out in the Table to this section.
Table
s. 3(1) In the definition of "prosecutor", delete "complaint, the
complainant" and insert instead --
" prosecution notice, the prosecutor ".
In the definition of "trial", delete "complaint" and insert
instead --
" prosecution notice ".
s. 7A(1) In each provision, delete "Part VIII of the Criminal Procedure
s. 21(2)(a) (Summary) Act 1902" and insert instead --
s. 53(2) " Part 2 of the Criminal Appeals Act 2004 ".
Sch. 1 --
Pt. C cl. 5
page 7
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 3 Bail Act 1982 amended
s. 11
s. 16(2)(b) In each provision, delete "Criminal Procedure (Summary)
s. 54(5) Act 1902" and insert instead --
" Criminal Procedure Act 2004 ".
s. 20(3)(b) Delete "complaint" and insert instead --
" prosecution notice ".
s. 49(1)(c) Delete "complaint" and insert instead --
" application ".
s. 51(3) Delete "Notwithstanding section 140 of the Criminal
Procedure (Summary) Act 1902, a defendant" and insert
instead --
" An accused ".
s. 52(1) Delete "bringing proceedings for" and insert instead --
" prosecuting ".
s. 52(3) Delete "Proceedings for an offence which is to be dealt with
under this section shall be commenced by a complaint made in
writing to a justice, and lodged -- " and insert instead --
"
A prosecution for an offence which is to be dealt with
under this section shall be commenced by the
authorised officer (as defined in section 80 of the
Criminal Procedure Act 2004) who was conducting
the proceedings in which the accused failed to comply
with his bail undertaking --
".
s. 52(4) Repeal the subsection and insert instead --
"
(4) Subject to section 51(3) and (5), a prosecution for
an offence which is to be dealt with under this
section is to be commenced and conducted under
the Criminal Procedure Act 2004 as if it were a
prosecution of a simple offence in a court of
summary jurisdiction.
".
page 8
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Bail Act 1982 amended Part 3
s. 11
s. 53(1) Delete "(as defined in section 4 of the Criminal Procedure
(Summary) Act 1902)" and insert instead --
"
(as defined in section 6 of the Criminal Appeals
Act 2004)
".
s. 53(3) Delete "section 195A of the Criminal Procedure (Summary)
Act 1902" and insert instead --
" section 13(1) of the Criminal Appeals Act 2004 ".
s. 54(5) Repeal the subsection.
Sch. 1 Pt. C In each provision, delete "complaint under the Criminal
cl. 3B(2)(b) Procedure (Summary) Act 1902" and insert instead --
cl. 3B(2)(c) " prosecution ".
page 9
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 4 Children's Court of Western Australia Act 1988 amended
s. 12
Part 4 -- Children's Court of Western Australia
Act 1988 amended
12. The Act amended in this Part
The amendments in this Part are to the Children's Court of
5 Western Australia Act 1988*.
[* Reprinted as at 25 August 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 54 and
Act No. 4 of 2004.]
10 13. Section 19B amended
Section 19B(3) is repealed and the following subsection is
inserted instead --
"
(3) If the child makes an election under subsection (1) the
15 Court shall proceed under Part 3 Division 4 of the
Criminal Procedure Act 2004 as if the charge were one
that must be tried on indictment.
".
14. Section 20 amended
20 Section 20 is amended as follows:
(a) by inserting before "Subject to" the subsection
designation "(1)";
(b) by inserting the following subsection --
"
25 (2) Section 172 of the Criminal Procedure Act 2004, with
any necessary changes, applies in respect of the Court
when it is exercising jurisdiction under subsection (1).
".
page 10
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Children's Court of Western Australia Act 1988 amended Part 4
s. 15
15. Section 41 replaced
Section 41 is repealed and the following section is inserted
instead --
"
5 41. Appeals against decisions of magistrates etc.
Subject to this Part, an appeal against a decision of the
Court when constituted so as not to consist of or
include a Judge may be made under and subject to
Part 2 of the Criminal Appeals Act 2004.
10 ".
16. Section 42A inserted
After section 42 the following section is inserted --
"
42A. Appeals from judges' decisions in criminal matters
15 Subject to section 43, an appeal against a decision or
judgment of the Court when constituted so as to consist
of or include a Judge may be made under and subject to
Part 3 of the Criminal Appeals Act 2004 which, with
any necessary changes, applies as if the decision or
20 judgment were a decision or judgment made by a judge
of a superior court (as defined in section 4 of that Act)
in a trial by a judge alone under the Criminal
Procedure Act 2004.
".
25 17. Section 43 amended
Section 43 is amended as follows:
(a) by repealing subsections (1), (2), (3), (3a) and (3b);
page 11
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 4 Children's Court of Western Australia Act 1988 amended
s. 18
(b) by inserting after subsection (4) --
"
(5) An appeal under subsection (4) must be commenced
and conducted in accordance with rules of court made
5 by the Supreme Court.
(6) An appeal under subsection (4) cannot be commenced
later than 21 days after the date of the Judge's finding,
order or other decision unless the Court of Appeal
orders otherwise.
10 (7) The leave of the Court of Appeal is required for each
ground of appeal in an appeal under subsection (4).
(8) In an appeal under subsection (4), the Court of
Appeal --
(a) may affirm, vary or set aside the Judge's
15 finding, order or other decision;
(b) may make any finding, order or other decision
that the Judge could have made;
(c) if it sets aside the Judge's finding, order or
other decision, may order the application
20 concerned be dealt with again.
".
18. Small amendments
The Act is amended as set out in the Table to this section.
Table
s. 4(2) In each provision, delete "Criminal Procedure (Summary)
s. 37(2) Act 1902" and insert instead --
" Criminal Procedure Act 2004 ".
s. 19B(1)(b) In subparagraph (ii), delete "section 99(2) of the Criminal
Procedure (Summary) Act 1902" and insert instead --
" section 40(2) of the Criminal Procedure Act 2004 ".
page 12
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Children's Court of Western Australia Act 1988 amended Part 4
s. 18
s. 19B(4)(a)(i) Delete "section 611B of The Criminal Code" and insert
instead --
" section 95 of the Criminal Procedure Act 2004 ".
s. 19B(4)(c) Delete "Part VIII of The Criminal Code" and insert instead --
" Part 4 or 5 of the Criminal Procedure Act 2004 ".
Delete "and The Criminal Code" and insert instead --
" and the Criminal Procedure Act 2004 ".
s. 19C(1) Delete "then -- " and the rest of the subsection and insert
instead --
"
then the Court shall proceed under Part 3 Division 4
of the Criminal Procedure Act 2004 as if the charge
were one that must be tried on indictment.
".
s. 32 Repeal the section.
s. 42(1) Delete "Part VIII of the Criminal Procedure (Summary)
Act 1902" and insert instead --
" Part 2 of the Criminal Appeals Act 2004 ".
page 13
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 5 The Criminal Code amended
s. 19
Part 5 -- The Criminal Code amended
19. The Criminal Code amended
The amendments in this Part are to The Criminal Code*.
[* Reprint 10 as at 7 February 2003 (see the Schedule to the
5 Criminal Code Act 1913 appearing as Appendix B to the
Criminal Code Compilation Act 1913).
For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 95 and
Acts Nos. 50 and 78 of 2003 and 4 of 2004.]
10 20. Section 360 amended
Section 360 is amended as follows:
(a) by inserting before "Any person" the subsection
designation "(1)";
(b) by inserting before "If the offender" the subsection
15 designation "(2)";
(c) by inserting the following subsection --
"
(3) A person charged with the unlawful publication of
defamatory matter, who sets up as a defence that the
20 defamatory matter is true, and that it was for the public
benefit that the publication should be made, must plead
that matter specially, and may plead it with any other
plea, except the plea of guilty.
".
25 21. Heading to Part VIII replaced
The heading to Part VIII is deleted and the following heading is
inserted instead --
"
Part VIII -- Miscellaneous
30 ".
page 14
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
The Criminal Code amended Part 5
s. 22
22. Chapters LXI and LXII repealed
Chapters LXI and LXII are repealed.
23. Heading to Chapter LXIII replaced
The heading to Chapter LXIII is deleted and the following
5 heading is inserted instead --
"
Chapter LXIII -- Alternative verdicts
".
24. Chapters LXIV to LXIX repealed
10 Chapters LXIV, LXIVA, LXV, LXVI, LXVII, LXVIII and
LXIX are repealed.
25. Chapter LXXIII repealed
Chapter LXXIII is repealed.
26. Section 730 inserted
15 Before section 731 the following section is inserted in
Chapter LXXIV --
"
730. Forfeitures, escheats etc. abolished
Forfeitures (except under a written law), escheats,
20 attainders and corruptions of blood on account of crime
or conviction stand abolished.
".
27. Amendments about previous convictions
(1) Section 52 is amended by repealing the paragraph that begins
25 "If he has been".
(2) Section 378(12) is repealed.
page 15
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 5 The Criminal Code amended
s. 28
(3) Section 407 is amended by repealing the paragraph that begins
"If the offender".
28. Other repeals and amendments
The Criminal Code is amended as set out in the Table to this
5 section.
Table
s. 3(4) Repeal the subsection.
s. 5(5)(b) Delete "Part V of the Criminal Procedure (Summary)
Act 1902" and insert instead --
" section 41 of the Criminal Procedure Act 2004 ".
s. 5(9)(a) After "guilty" insert --
" or otherwise ".
s. 133A Delete "makes or swears a complaint under the Criminal
Procedure (Summary) Act 1902" and insert instead --
"
signs a prosecution notice under the Criminal
Procedure Act 2004
".
Ch. LXXII In the heading to Chapter LXXII, delete ": Restitution of
property unlawfully acquired".
s. 733 Repeal the section.
s. 739 Repeal the section.
s. 740 Repeal the section.
s. 741 Repeal the section.
s. 744 Repeal the section.
s. 745 Repeal the section.
s. 746 Repeal the section.
s. 746A Repeal the section.
s. 747 Repeal the section.
page 16
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Director of Public Prosecutions Act 1991 amended Part 6
s. 29
Part 6 -- Director of Public Prosecutions Act 1991
amended
29. The Act amended in this Part
The amendments in this Part are to the Director of Public
5 Prosecutions Act 1991*.
[* Reprinted as at 1 June 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 104-5.]
30. Section 16A inserted
10 After section 16 the following section is inserted --
"
16A. Prosecuting offences of other jurisdictions
(1) If the Director, with the consent of the Attorney
General, holds an appointment to prosecute offences in
15 the laws of another jurisdiction, it is a function of the
Director to commence and conduct prosecutions for
those offences in accordance with the terms of the
appointment.
(2) If a member of the Director's staff, with the consent of
20 the Attorney General, holds an appointment to
prosecute offences in the laws of another jurisdiction,
the member may commence and conduct prosecutions
for those offences in accordance with the terms of the
appointment.
25 ".
page 17
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 6 Director of Public Prosecutions Act 1991 amended
s. 31
31. Small amendments
The Act is amended as set out in the Table to this section.
Table
s. 13 Delete "section 693A of The Criminal Code" and insert
instead --
" section 47 of the Criminal Appeals Act 2004 ".
page 18
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
District Court of Western Australia Act 1969 amended Part 7
s. 32
Part 7 -- District Court of Western Australia Act 1969
amended
32. The Act amended in this Part
The amendments in this Part are to the District Court of Western
5 Australia Act 1969*.
[* Reprinted as at 19 January 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 108.]
33. Section 5 amended
10 Section 5(2) is repealed.
34. Section 43 replaced
Section 43 is repealed and the following section is inserted
instead --
"
15 43. Exercise of criminal jurisdiction
(1) The jurisdiction referred to in section 42 is to be
exercised subject to --
(a) The Criminal Code; and
(b) the Criminal Procedure Act 2004.
20 (2) This Act does not affect the operation of the Criminal
Appeals Act 2004 in respect of decisions and
judgments of the Court.
".
35. Sections 46 to 49 repealed
25 Sections 46, 47, 48 and 49 are repealed.
page 19
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 8 Evidence Act 1906 amended
s. 36
Part 8 -- Evidence Act 1906 amended
36. The Act amended in this Part
The amendments in this Part are to the Evidence Act 1906*.
[* Reprint 12 as at 10 October 2003.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 128 and
Act No. 4 of 2004.]
37. Section 106H amended
Section 106H(2b) is repealed and the following section is
10 inserted instead --
"
(2b) If a person to whom an affected child made a relevant
statement makes a written statement in accordance with
Schedule 3 clause 4(1) of the Criminal Procedure
15 Act 2004, the written statement is admissible.
".
38. Section 106RA inserted
After section 106R the following section is inserted --
"
20 106RA. Visually recording evidence of witnesses in criminal
matters
(1) Where a prosecution for an offence has commenced in
a court, a judge of the court may make an order that the
evidence of a person (the "witness") whose evidence is
25 or may be relevant in the prosecution be taken at a
special hearing and recorded on a visual recording.
(2) An order cannot be made under subsection (1) in
respect of a person who is an affected child.
page 20
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Evidence Act 1906 amended Part 8
s. 39
(3) An order may be made under subsection (1) on
application by a party to the prosecution, on notice to
the other parties, or of the court's own motion.
(4) The grounds on which an order may be made under
5 subsection (1) are --
(a) that the witness has been declared to be a
special witness under section 106R(1)(a); or
(b) that it is likely the witness will be out of the
State at the time of the proceeding for the
10 offence and will not be able to give evidence at
the proceeding by means of a video link or an
audio link.
(5) If an order is made under subsection (1) the order may
include directions as to the conduct of the special
15 hearing including whether the whole of the witness's
evidence (including cross-examination and
re-examination) or only the evidence in chief is to be
recorded.
(6) If the witness has been declared to be a special witness
20 under section 106R(1)(a), subsection (4) does not
affect the operation of sections 106Q and 106R.
(7) The court may at any time vary or revoke an order in
force under this section.
".
25 39. Section 106T amended
(1) After section 106T(2) the following subsections are inserted --
"
(2a) If evidence of a witness is visually recorded under an
order made under section 106RA(1) on the ground in
30 section 106RA(4)(a), the evidence is admissible in any
hearing in relation to the proceeding for the offence
concerned to the same extent as if it were given orally
page 21
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 8 Evidence Act 1906 amended
s. 39
in the hearing in accordance with the usual rules and
practice of the court concerned.
(2b) If evidence of a witness is visually recorded under an
order made under section 106RA(1) on the ground in
5 section 106RA(4)(b), the evidence is admissible in any
hearing in relation to the proceeding for the offence
concerned to the same extent as if it were given orally
in the hearing in accordance with the usual rules and
practice of the court concerned if the court is satisfied
10 at that proceeding that --
(a) the witness is dead;
(b) the witness's medical or mental condition is
such that the witness is not able to give
evidence, or to give evidence satisfactorily, in
15 the proceeding;
(c) the witness is out of the State and is not able to
give evidence at the proceeding by means of a
video link or an audio link, notwithstanding
that the witness might return at some future
20 time;
(d) that the witness is being kept out of the way by
the accused; or
(e) that all the parties consent and that the interests
of justice do not require the presence of the
25 witness.
(2c) If under subsection (2a) or (2b), the evidence of a
witness recorded on a visual recording is admitted into
evidence in a hearing, the witness need not be present
at the hearing.
30 (2d) If there is a prospect that the witness referred to in
subsection (2b) might recover or return, the court need
not admit the evidence but may adjourn the hearing.
".
page 22
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Evidence Act 1906 amended Part 8
s. 40
(2) Section 106T(3) is amended as follows:
(a) by deleting "subsection (1) or (2)" and inserting
instead --
" subsection (1), (2), (2a) or (2b) ";
5 (b) by inserting after "special witness" --
" or witness ".
(3) Section 106T(4) is amended by deleting "106R(1)(b)" and
inserting instead --
" 106RA ".
10 40. Section 119 amended
After section 119(4) the following subsection is inserted --
"
(5) On an application made by a person charged with an
offence, the Attorney General may order that all or
15 some of the expenses of a witness or an interpreter
called by the person be paid by the State.
".
41. Small amendments
The Act is amended as set out in the Table to this section.
20 Table
s. 8(2) Repeal the subsection.
s. 25A(2) Delete "section 635 of The Criminal Code" and insert
instead --
" section 88 of the Criminal Procedure Act 2004 ".
s. 28 Repeal the section.
s. 36C(3)(a) Delete "Criminal Procedure (Summary) Act 1902" and
insert instead --
" Criminal Procedure Act 2004 ".
s. 106A In the definition of "visual recording of evidence" delete
"106R" and insert instead --
" 106RA ".
page 23
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 8 Evidence Act 1906 amended
s. 41
s. 106MA(3) Delete "106R" and insert instead --
" 106RA ".
s. 106N(1)(c) Delete "section 635 of The Criminal Code" and insert
instead --
" section 88 of the Criminal Procedure Act 2004 ".
s. 106R(4)(b) Delete the paragraph.
s. 106R(4a) Delete "subsection (4)(b) or (c)" and insert instead --
" subsection (4)(c) ".
Delete "section 106K or 106N, as the case requires," and
insert instead --
" section 106N ".
s. 106S(1) Delete "or 106R," and insert instead --
" 106R or 106RA, ".
s. 107 Repeal the section and the heading "Depositions" immediately
before it.
s. 108 Repeal the section.
Sch. 7 -- Delete "the complaint of the offence was made or, in the case
cl. 1(1)(b) of an indictment under section 579 of The Criminal Code, on
the day on which the indictment was presented" and insert
instead --
" proceedings for the offence were commenced ".
page 24
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Fines, Penalties and Infringement Notices Enforcement Act Part 9
1994 amended
s. 42
Part 9 -- Fines, Penalties and Infringement Notices
Enforcement Act 1994 amended
42. The Act amended in this Part
The amendments in this Part are to the Fines, Penalties and
5 Infringement Notices Enforcement Act 1994*.
[* Reprinted as at 2 November 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 143.]
43. Section 21 amended
10 Section 21(4), (5), (6), (6a) and (6b) are repealed and the
following subsections are inserted instead --
"
(4) If an election is made under subsection (1), the
Registrar must --
15 (a) lodge with a court of summary jurisdiction that
has jurisdiction to deal with the alleged offence
and the alleged offender a prosecution notice in
relation to the alleged offence that contains
such of the information provided to the
20 Registrar under section 16(1)(b) as will
sufficiently describe the prosecuting authority,
the alleged offender and the alleged offence;
(b) serve the alleged offender with a copy of the
prosecution notice and a court hearing notice
25 that complies with the Criminal Procedure
Act 2004; and
(c) notify the prosecuting authority that the
prosecution notice has been lodged and give the
authority a copy of the notice and a copy of the
30 court hearing notice referred to in
paragraph (b).
page 25
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 9 Fines, Penalties and Infringement Notices Enforcement Act
1994 amended
s. 44
(5) When a prosecution notice is lodged with a court under
subsection (4)(a) --
(a) the notice is to be taken to have been made in
accordance with the Criminal Procedure
5 Act 2004, without being verified on oath, before
the Registrar by the person who signed the
enforcement certificate; and
(b) the prosecution is to be taken to have been
commenced on the day when the enforcement
10 certificate was lodged.
".
44. Section 58 replaced
Section 58 is repealed and the following section is inserted
instead --
15 "
58. Amounts payable by witnesses and sureties for
witnesses
In respect of the payment of, or the enforcement of the
payment of --
20 (a) any amount of a witness undertaking entered
into by a person under Schedule 4 to the
Criminal Procedure Act 2004 that is ordered to
be forfeited under section 57 of the Bail
Act 1982; or
25 (b) any amount of a surety undertaking entered into
by a person under Schedule 4 to the Criminal
Procedure Act 2004 in respect of a witness that
is ordered to be forfeited under section 49 of
the Bail Act 1982,
30 Part 4, with any necessary changes, applies in respect
of the payment of, and the enforcement of the payment
of, the amount as if the amount were a fine imposed on
the person.
".
page 26
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Fines, Penalties and Infringement Notices Enforcement Act Part 9
1994 amended
s. 45
45. Section 101B amended
Section 101B(1) is repealed and the following subsection is
inserted instead --
"
5 (1) For the purposes of this section a person appeals
against a fine, or a decision giving rise to a fine,
imposed on the person when the person --
(a) applies under section 71 of the Criminal
Procedure Act 2004 and pays any fee required;
10 or
(b) is granted leave to appeal under Part 2 or 3 of
the Criminal Appeals Act 2004.
".
46. Small amendments
15 The Act is amended as set out in the Table to this section.
Table
s. 4 Repeal the section.
Part 5 heading Delete "or recognizances".
s. 56(a) After the paragraph insert --
" or ".
s. 56(b) Delete the paragraph and "or" after it.
s. 57(a) After the paragraph insert --
" or ".
s. 57(b) Delete the paragraph and "or" after it.
page 27
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 10 Juries Act 1957 amended
s. 47
Part 10 -- Juries Act 1957 amended
47. The Act amended in this Part
The amendments in this Part are to the Juries Act 1957*.
[* Reprinted as at 3 July 2000.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 199 and
Acts Nos. 50 and 78 of 2003.]
48. Section 38 repealed
Section 38 is repealed.
10 49. Section 41 replaced
Section 41 is repealed and the following section is inserted
instead --
"
41. Jury's entitlements when together
15 At any time when a jury in a criminal trial is required
to be together during any adjournment of the trial or
when it is considering its verdict, it is to be kept under
the charge of an officer of the court in a private place
and provided with such accommodation, food and
20 drink as the judge may order.
".
50. Section 57A inserted
Before section 58 the following section is inserted in Part X --
"
25 57A. Grand juries not to be summoned
A Grand Jury is not to be summoned for the Supreme
Court, a Circuit Court or the District Court.
".
page 28
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Juries Act 1957 amended Part 10
s. 51
51. Small amendments
The Act is amended as set out in the Table to this section.
Table
s. 3(1) In the definition of "criminal trial" delete "The Criminal Code"
and insert instead --
" the Criminal Procedure Act 2004 ".
s. 18(7) Repeal the subsection.
s. 40 Delete ", death, or incapacity".
Delete "The Criminal Code" and insert instead --
" the Criminal Procedure Act 2004 ".
page 29
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 11 Local Government Act 1995 amended
s. 52
Part 11 -- Local Government Act 1995 amended
52. The Act amended in this Part
The amendments in this Part are to the Local Government
Act 1995*.
5 [* Reprint 2 as at 2 April 2004.]
53. Section 4.97 replaced
Section 4.97 is repealed and the following section is inserted
instead --
"
10 4.97. Prosecutions
(1) A prosecution for an offence against this Part may be
commenced by the returning officer or any person
referred to in section 9.24(1).
(2) If the returning officer commences a prosecution for an
15 offence against this Part --
(a) the local government is to pay any expenses
incurred by, and any costs awarded against, the
returning officer in connection with the
proceedings; and
20 (b) the returning officer is to pay to the local
government any fees or costs paid to the
returning officer in respect of the proceedings.
".
page 30
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Local Government Act 1995 amended Part 11
s. 54
54. Section 9.24 replaced
Section 9.24 is repealed and the following section is inserted
instead --
"
5 9.24. Commencing prosecutions
(1) A prosecution for an offence against this Act may be
commenced by --
(a) the Departmental CEO or a person authorised
by the Departmental CEO to do so;
10 (b) a person who is acting in the course of his or
her duties as an employee of a local
government or a regional local government; or
(c) a person who is authorised to do so by a local
government or a regional local government.
15 (2) A prosecution for an offence against a local law may
be commenced by --
(a) a person who is acting in the course of his or
her duties as an employee of the local
government or regional local government that
20 made the local law; or
(b) a person who is authorised to do so by the local
government or regional local government that
made the local law.
".
page 31
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 12 Official Prosecutions (Defendants' Costs) Act 1973 amended
s. 55
Part 12 -- Official Prosecutions (Defendants' Costs)
Act 1973 amended
55. The Act amended in this Part
The amendments in this Part are to the Official Prosecutions
5 (Defendants' Costs) Act 1973*.
[* Reprinted as at 19 February 1999.
For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 269.]
56. Section 4 amended
10 Section 4(2) is amended as follows:
(a) by deleting paragraph (a) and inserting instead the
following paragraph --
"
(a) subject to paragraph (c), is successful if --
15 (i) he is acquitted of the charge, other than
on account of unsoundness of mind;
(ii) he is discharged from the charge under
section 128(2) or (3) of the Criminal
Procedure Act 2004;
20 (iii) the charge is dismissed for want of
prosecution; or
(iv) if his conviction of the charge is set
aside;
";
25 (b) by deleting the full stop after paragraph (b) and inserting
instead a semicolon;
page 32
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Official Prosecutions (Defendants' Costs) Act 1973 amended Part 12
s. 56
(c) by inserting after paragraph (b) the following
paragraph --
"
(c) is not successful if the charge is of an indictable
5 offence and is dismissed for want of
prosecution by the Summary Court --
(i) if section 5 of The Criminal Code
applies to the charge -- before the
Summary Court decides under that
10 section that the charge is to be tried on
indictment; or
(ii) otherwise -- before the Summary Court
commits him for trial or sentence on the
charge.
15 ".
page 33
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 13 Sentencing Act 1995 amended
s. 57
Part 13 -- Sentencing Act 1995 amended
57. The Act amended in this Part
The amendments in this Part are to the Sentencing Act 1995*.
[* Reprint 3 as at 10 October 2003.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 349 and
Acts Nos. 50 of 2003 and 4 of 2004.]
58. Section 79 replaced
Section 79 is repealed and the following section is inserted
10 instead --
"
79. Re-offending, alleging in court
(1) If --
(a) a person (the "offender") has been convicted
15 and dealt with (in this State or elsewhere) for an
offence the statutory penalty for which is or
includes imprisonment; and
(b) that offence was committed during the
suspension period of suspended imprisonment
20 imposed on the offender in relation to another
offence,
a written notice alleging those matters may be lodged
in a court in accordance with this section.
(2) The notice may be lodged at any time up until 2 years
25 after the last day of the suspension period.
(3) The notice may be signed by the CEO, a police officer,
or a person referred to in section 80(2)(a) to (e) of the
Criminal Procedure Act 2004.
page 34
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Sentencing Act 1995 amended Part 13
s. 58
(4) The notice must be in a prescribed form and be signed
in the presence of a JP or a prescribed court officer (as
defined in section 3 of the Criminal Procedure
Act 2004) who may issue a summons to the offender.
5 (5) If the contents of the notice are verified on oath by the
person signing it, a magistrate, on the application of
that person, may issue an arrest warrant for the
offender.
(6) The notice must be lodged with, and the summons
10 must direct the offender to appear before, or the
warrant must direct that the offender be brought before
the court that imposed the suspended imprisonment.
(7) Sections 31 and 32 of the Criminal Procedure
Act 2004, with any necessary changes, apply
15 respectively to and in respect of a warrant and
summons issued under this section.
(8) If an offender does not obey such a summons, the court
concerned may issue a warrant to have him or her
arrested and brought before it.
20 (9) If an offender is arrested under a warrant issued under
this section, he or she must be given a copy of the
notice as soon as practicable after being arrested.
(10) An offender who appears before a court as a result of a
summons or warrant issued under this section must be
25 dealt with by the court under section 80.
".
page 35
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 13 Sentencing Act 1995 amended
s. 59
59. Section 84E replaced
Section 84E is repealed and the following section is inserted
instead --
"
5 84E. Re-offending, alleging in court
(1) If --
(a) a person (the "offender") has been convicted
and dealt with (in this State or elsewhere) for an
offence the statutory penalty for which is or
10 includes imprisonment; and
(b) that offence was committed during the
suspension period of CSI imposed on the
offender in relation to another offence,
a written notice alleging those matters may be lodged
15 in a court in accordance with this section.
(2) The notice may be lodged at any time up until 2 years
after the last day of the suspension period.
(3) The notice may be signed by the CEO, a police officer,
or a person referred to in section 80(2)(a) to (e) of the
20 Criminal Procedure Act 2004.
(4) The notice must be in a prescribed form and be signed
in the presence of a JP or a prescribed court officer (as
defined in section 3 of the Criminal Procedure
Act 2004) who may issue a summons to the offender.
25 (5) If the contents of the notice are verified on oath by the
person signing it, a magistrate, on the application of
that person, may issue an arrest warrant for the
offender.
page 36
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Sentencing Act 1995 amended Part 13
s. 60
(6) Subject to section 84P(3), the notice must be lodged
with, and the summons must direct the offender to
appear before, or the warrant must direct that the
offender be brought before the court that imposed
5 the CSI.
(7) Sections 31 and 32 of the Criminal Procedure
Act 2004, with any necessary changes, apply
respectively to and in respect of a warrant and
summons issued under this section.
10 (8) If an offender does not obey such a summons, the court
concerned may issue a warrant to have him or her
arrested and brought before it.
(9) If an offender is arrested under a warrant issued under
this section, he or she must be given a copy of the
15 notice as soon as practicable after being arrested.
(10) An offender who appears before a court as a result of a
summons or warrant issued under this section must be
dealt with by the court under section 84F.
".
20 60. Section 114A inserted
After section 114 the following section is inserted --
"
114A. Victim may appeal against refusal of reparation
order
25 (1) If a victim applies to a court for a reparation order and
the court decides to make or to refuse to make a
reparation order, the victim may appeal against the
decision.
(2) The appeal must be commenced and conducted under
30 Part 2 or 3 of the Criminal Appeals Act 2004, as the
case requires, which, with any necessary changes,
page 37
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 13 Sentencing Act 1995 amended
s. 61
applies as if a reparation order were an order that might
be made as a result of a conviction.
(3) This section does not affect the prosecutor's rights of
appeal under the Criminal Appeals Act 2004.
5 ".
61. Section 129 replaced
Section 129 is repealed and the following section is inserted
instead --
"
10 129. Re-offending, alleging in court
(1) If --
(a) a person (the "offender") has been convicted
and dealt with (in this State or elsewhere) for an
offence (other than an offence under
15 section 131(1)); and
(b) that offence was committed while the offender
was subject to a CRO or community order
imposed in relation to another offence,
a written notice alleging those matters may be lodged
20 in a court in accordance with this section.
(2) The notice may be lodged at any time up until one year
after the CRO or community order ceases to be in
force.
(3) The notice may be signed --
25 (a) if the offender was subject to a CRO, by the
CEO, a police officer, or a person referred to in
section 80(2)(a) to (e) of the Criminal
Procedure Act 2004;
(b) if the offender was subject to a community
30 order, only by the CEO.
page 38
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Sentencing Act 1995 amended Part 13
s. 61
(4) The notice must be in a prescribed form and be signed
in the presence of a JP or a prescribed court officer (as
defined in section 3 of the Criminal Procedure
Act 2004) who may issue a summons to the offender.
5 (5) If the contents of the notice are verified on oath by the
person signing it, a magistrate, on the application of
that person, may issue an arrest warrant for the
offender.
(6) The notice must be lodged with, and the summons
10 must direct the offender to appear before, or the
warrant must direct that the offender be brought before
the court that imposed the CRO or community order.
(7) Sections 31 and 32 of the Criminal Procedure
Act 2004, with any necessary changes, apply
15 respectively to and in respect of a warrant and
summons issued under this section.
(8) If an offender does not obey such a summons, the court
concerned may issue a warrant to have him or her
arrested and brought before it.
20 (9) If an offender is arrested under a warrant issued under
this section, he or she must be given a copy of the
notice as soon as practicable after being arrested.
(10) An offender who appears before a court as a result of a
summons or warrant issued under this section must be
25 dealt with by the court under section 130.
".
page 39
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 13 Sentencing Act 1995 amended
s. 62
62. Section 131 amended
Section 131(2) is repealed and the following subsection is
inserted instead --
"
5 (2) A prosecution for an offence under subsection (1) may
be commenced --
(a) in the case of an alleged breach of a CRO, by
the CEO, a police officer, or a person referred
to in section 80(2)(a) to (e) of the Criminal
10 Procedure Act 2004;
(b) in the case of an alleged breach of a community
order, only by the CEO.
".
63. Section 140 amended
15 After section 140(1) the following subsection is inserted --
"
(1a) When making a referral under subsection (1)(a) the
Attorney General, having regard to the petition, may
specify the grounds of appeal to be heard and
20 determined by the Court of Appeal.
".
64. Schedule 1 amended
Schedule 1 is amended by inserting in the appropriate
alphabetical positions the following entries --
25 "
Health Act 1911 The local government by or on whose
behalf the prosecution was commenced.
National Trust of The National Trust of Australia (W.A.).
Australia (W.A.)
Act 1964
".
page 40
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Sentencing Act 1995 amended Part 13
s. 65
65. Small amendments
The Act is amended as set out in the Table to this section.
Table
s. 4 Delete the definition of "convicted".
s. 84P(3) Delete "complaint" and insert instead --
" notice ".
Delete "filed" and insert instead --
" lodged ".
s. 112(1)(b) Delete paragraph and insert instead --
"
(b) the content of any record (as defined in the
Criminal Procedure Act 2004) that is relevant to
the offence and that has been disclosed to the
offender by the prosecutor under that Act;
".
s. 120(6) Repeal the subsection.
s. 121(5) Delete "complaint laid in respect of " and insert instead --
" prosecution commenced for ".
s. 128(1) Delete "complaint" and insert instead --
" notice lodged ".
s. 131(3) Delete "A complaint may be made" and insert instead --
" Such a prosecution may be commenced ".
s. 131(4) Repeal the subsection.
s. 131(5) Delete "complaint" and insert instead --
" charge ".
page 41
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 14 Supreme Court Act 1935 amended
s. 66
Part 14 -- Supreme Court Act 1935 amended
66. The Act amended in this Part
The amendments in this Part are to the Supreme Court
Act 1935*.
5 [* Reprinted as at 9 February 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 381-2.]
67. Section 33 inserted
After section 32 the following section is inserted --
10 "
33. Judgments and orders, correction of
If any judgment or order of the Court contains a
clerical mistake or any error arising from an accidental
slip or omission, the Court may correct the judgment or
15 order without an appeal.
".
68. Section 154 amended
After section 154(5) the following subsection is inserted --
"
20 (5a) Notwithstanding subsections (3) and (4), if in relation
to any criminal proceeding in the Supreme Court or
any other court any act is required or permitted to be
done by, to, or with reference to the Attorney General,
then, during any vacancy in the office of Attorney
25 General and during any period for which the Attorney
General is, by reason of his absence from the State,
illness, incapacity or other sufficient cause, unable to
discharge the functions of his office, the act may be
done by, to, or with reference to such of the
30 Solicitor-General or the State Solicitor as the Governor
may designate by Order in Council.
".
page 42
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Supreme Court Act 1935 amended Part 14
s. 69
69. Heading to Part X amended
The heading to Part X is amended by deleting ", etc.".
70. Heading inserted
Immediately before section 172 the following heading is
5 inserted --
"
Part XI -- Miscellaneous
".
71. Section 178 inserted
10 After section 177 the following section is inserted --
"
178. Habeas corpus proceedings
(1) If a person who is in custody pursuant to a warrant
issued by another court is brought before the Supreme
15 Court on a writ of habeas corpus, the Supreme Court
must not order the release of the person on the ground
of a defect or error in the warrant unless --
(a) it has received from the other court certified
copies of the warrant and any court records that
20 relate to the conviction or order in respect of
which the warrant was issued; or
(b) if it has not received such copies, a reasonable
time has elapsed since it requested the other
court to supply the copies.
25 (2) If the Supreme Court receives such documents and is
satisfied --
(a) that the conviction or order in respect of which
the warrant was issued appears to be justified;
and
page 43
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 14 Supreme Court Act 1935 amended
s. 72
(b) that any defect or error in the warrant is one of
form only and does not affect the substantial
merits of the conviction or order,
the Supreme Court may order the warrant to be
5 amended to rectify any defect or error and the person to
be returned to custody.
".
72. Small amendments
The Act is amended as set out in the Table to this section.
10 Table
s. 22 Delete "Rules of Court and the General Rules prescribed under
The Criminal Code" and insert instead --
"
Criminal Procedure Act 2004 and rules of court made
under that Act that apply to the Supreme Court
".
s. 43(1) Delete "criminal" and insert instead --
" appellate ".
s. 57(2) In each provision, delete "Chapter LXIX of The Criminal
s. 57(4)(a) Code" and insert instead --
s. 57(4)(b) " Part 3 of the Criminal Appeals Act 2004 ".
s. 58(1)(f)
s. 58(1)(g) In each provision, delete "Part VIII of the Criminal Procedure
s. 58(1)(h) (Summary) Act 1902" and insert instead --
" Part 2 of the Criminal Appeals Act 2004 ".
s. 154(5) Delete "the provisions of ".
page 44
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Young Offenders Act 1994 amended Part 15
s. 73
Part 15 -- Young Offenders Act 1994 amended
73. The Act amended in this Part
The amendments in this Part are to the Young Offenders
Act 1994*.
5 [* Reprinted as at 8 December 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 441 and
Acts Nos. 50 of 2003 and 4 of 2004.]
74. Section 55 amended
10 (1) Section 55(4) is amended by inserting after "that Act" --
"
or for the purpose of an appeal under the Criminal
Appeals Act 2004
".
15 (2) After section 55(5) the following subsection is inserted --
"
(6) The powers in this section may be exercised despite
section 147(1) of the Criminal Procedure Act 2004.
".
20 75. Section 60 inserted
After section 59 the following section is inserted --
"
60. Orders etc. under this Part are sentences
For the purposes of an appeal under the Criminal
25 Appeals Act 2004 each of the following is to be taken
to be a sentence --
(a) a decision made under Division 2, 3 or 4 to
refrain from imposing any punishment;
(b) a fine imposed under Division 5;
page 45
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 15 Young Offenders Act 1994 amended
s. 76
(c) a youth community based order imposed under
Division 6;
(d) an intensive youth supervision order or a
conditional release order imposed under
5 Division 7;
(e) a custodial sentence imposed under Division 8;
(f) the making or discharge of a special order
under Division 9;
(g) a decision by the court, having found a young
10 person guilty of an offence, to record or not to
record a conviction of the offence in respect of
the person.
".
76. Section 178 amended
15 After section 178(5) the following subsection is inserted --
"
(6) If the Court decides to make or refuse to make a
direction under subsection (3), the offender or the chief
executive officer may appeal against the decision under
20 and subject to Part 3 of the Criminal Appeals Act 2004
which, with any necessary changes, applies as if the
direction were an order that might be made as a result
of a conviction.
".
25 77. Small amendments
The Act is amended as set out in the Table to this section.
Table
s. 5 Delete "Criminal Procedure (Summary) Act 1902" and
insert instead --
" Criminal Procedure Act 2004 ".
page 46
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Various Acts amended Part 16
s. 78
Part 16 -- Various Acts amended
78. 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 47
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 17 Amendments to change terminology
s. 79
Part 17 -- Amendments to change terminology
79. References to "complaint" changed to "prosecution notice"
Each provision in the Table to this section is amended by
deleting "complaint" in each place it occurs and in each place
5 inserting instead --
" prosecution notice ".
Table
Adoption Act 1994 s. 128(3)
Argentine Ant Act 1968 s. 15(2)(b)
Corruption and Crime Commission Act 2003 s. 50(2)
Diamond (Argyle Diamond Mines Joint Venture) s. 24
Agreement Act 1981
Door to Door Trading Act 1987 s. 21
Employment Agents Act 1976 s. 31(d)
Osteopaths Act 1997 s. 91(3)
Radiation Safety Act 1975 s. 57(2)(d)
s. 57(3)
80. Various Acts amended (Sch 2)
Each Act listed in Schedule 2 is amended as set out in that
10 Schedule immediately below the short title of the Act.
81. References to "complaint" to be read as references to
"prosecution notice"
(1) A reference in a written law or book, document or writing to a
complaint in the context of commencing proceedings in a court
15 for an offence is, unless the contrary intention appears, to be
taken to be a reference to a prosecution notice.
(2) A reference in a written law to a complaint in the context of
applying for a warrant to enter or search a place or to seize any
thing is, unless the contrary intention appears, to be taken to be
20 a reference to an application.
page 48
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to change terminology Part 17
s. 82
82. References to "defendant" changed to "accused"
Each provision listed in Table 2, 3 or 4 to this section is
amended by deleting any expression listed in Table 1 column 1
in each place it occurs (whether in ordinary type, italics, bold or
5 capitals) and in each place inserting instead (in corresponding
type) the expression opposite the deleted expression in Table 1
column 2.
Table 1
Delete Insert instead
A defendant An accused
a defendant an accused
a defendant's an accused's
defendant accused
defendants accused
Defendants' Accused's
Defendants Accused
the defendant the accused
the defendant's the accused's
Table 2 -- Various provisions
Aboriginal Heritage Act 1972 s. 60(2)
Agricultural Products Act 1929 s. 8(3)
Agriculture and Related Resources s. 51(2) & (2a)
Protection Act 1976 s. 77(4)
s. 80(4)
s. 93(2)
Architects Act 1921 s. 31B(2)
Architects Act 2003 [241--1] s. 14(2)
s. 42(3)
Auction Sales Act 1973 s. 24(2)
Betting Control Act 1954 s. 11G(5)
s. 24(1a)
Casino Control Act 1984 s. 27(2)
page 49
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 17 Amendments to change terminology
s. 82
Censorship Act 1996 s. 61(3)
s. 65D(3)
s. 65E(2) & (5)
s. 102(3)
s. 102A(5)
s. 102B(5)
s. 102C(6)
s. 102D(3)
s. 102E(3)
s. 102F(3)
s. 116(1)
s. 141A(1) & (4)
Charitable Collections Act 1946 s. 6(3)
Child Welfare Act 1947 s. 145
Civil Aviation (Carriers' Liability) s. 9(2)
Act 1961
Companies (Co-operative) Act 1943 s. 141(2)
s. 428
Construction Industry Portable Paid Long s. 49(3)
Service Leave Act 1985
Consumer Affairs Act 1971 s. 21(2)
Corruption and Crime Commission s. 177(1)
Act 2003
Court Security and Custodial Services s. 3 "custodial place"
Act 1999 s. 4(1)
s. 16(2)
Sch. 2 cl. 5
Credit Act 1984 s. 132(4)
The Criminal Code s. 5(1) to (6) &
(8) to (11)
s. 563A(2)
Criminal Investigation (Identifying People) s. 67(3)
Act 2002 Sch 1. cl. 4(1)
Criminal Property Confiscation Act 2000 s. 50(3)
Dangerous Goods Safety Act 2004 s. 62(2)
Dangerous Goods (Transport) Act 1998 s. 41
Dental Act 1939 s. 60
Dental Prosthetists Act 1985 s. 27(4) & (5)
s. 29(2)
Dog Act 1976 s. 53(6)
page 50
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to change terminology Part 17
s. 82
Door to Door Trading Act 1987 s. 18(2)
s. 21
Electoral Act 1907 s. 18
s. 59
Employment Agents Act 1976 s. 31
Environmental Protection Act 1986 s. 79(3)
Evidence Act 1906 s. 9(1), (2), (4) & (5)
s. 14
s. 36B
s. 36BA
s. 36BC(1)
s. 40
s. 106G
s. 106H(1)
s. 106HB(2), (3) & (7)
s. 106K(3)
s. 106N(2), (3) & (4)
s. 106P
s. 106Q
s. 106R(3) & (7)
s. 112
Sch. 7 Pt. A cl. 1(1)
Fair Trading Act 1987 s. 19(3)
s. 83(1) to (5)
Federal Courts (State Jurisdiction) s. 12B(3)
Act 1999
Fertilizers Act 1977 s. 30(4)
s. 41
Finance Brokers Control Act 1975 s. 18F(2)
Fish Resources Management Act 1994 s. 212(2)
s. 213(4)
Fuel, Energy and Power Resources s. 50(8)
Act 1972
Gas Standards Act 1972 s. 13(2)
Gold Corporation Act 1987 s. 74(5)
Grain Marketing Act 2002 s. 43(2)
Guardianship and Administration Act 1990 s. 98(1)
page 51
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 17 Amendments to change terminology
s. 82
Health Act 1911 s. 182
s. 214(2)
s. 217(4), (5) & (6)
s. 227(10) & (14)
s. 230
s. 232(1), (2) & (3)
s. 246R(2) & (3)
s. 246ZN
s. 246ZP(1)
s. 246ZS(1)
s. 246ZX(1), (2),
& (5)(a) & (b)(i)
s. 298(2)
s. 354(8)
s. 377(11)
Heritage of Western Australia Act 1990 s. 66(2)
s. 68(12)
Hire-Purchase Act 1959 s. 3(1b)
Human Reproductive Technology Act 1991 s. 6(5)
s. 53W(3)
s. 57(10)
Income Tax Assessment Act 1937 s. 216(2)
s. 218(2)
s. 224
s. 227
Industrial Relations Act 1979 s. 96I(3)
Land Administration Act 1997 s. 267(10)
Land Valuers Licensing Act 1978 s. 14(2)
Licensed Surveyors Act 1909 s. 8B(2)
Liquor Licensing Act 1988 s. 109(7)
s. 119(12)
s. 125(1)
s. 169(1)
s. 170
s. 171(2)
s. 172(9) & (10)
Local Government (Miscellaneous s. 374(4)
Provisions) Act 1960
Magistrates Court Act 2003 [260--2] s. 11(3)
Maritime Archaeology Act 1973 s. 10(2)
page 52
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to change terminology Part 17
s. 82
Mental Health Act 1996 s. 3
s. 27(1) & (2)
s. 30(1)
s. 44
s. 53
s. 64
s. 66(2)
s. 94(1)
Heading to Pt. 5 Div. 5
Subdiv. 1
s. 104(1)
s. 107(1)
Heading to Pt. 5 Div. 6
s. 109
s. 110(1)
s. 158(1)
s. 160(2)
s. 161(4)
s. 170(1)
s. 175 "affected person"
s. 204(2)
Misuse of Drugs Act 1981 s. 9(3)
s. 38A(1) & (2)
s. 38B(1), (2) & (3)
Motor Vehicle Dealers Act 1973 s. 13C(2)
s. 33(5)
s. 52(3)
New Tax System Price Exploitation Code s. 36(3)
(Western Australia) Act 1999
Nuclear Activities Regulation Act 1978 s. 12(2)
Nurses Act 1992 s. 75(2)
Occupational Therapists Registration s. 36(2)
Act 1980 s. 42(4) & (5)
page 53
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 17 Amendments to change terminology
s. 82
Official Prosecutions (Defendants' Costs)s. 1
Act 1973 s. 3(2)
s. 4(1) "costs"
s. 4(2)
s. 5(1) to (4)
s. 6
s. 7(1) & (2)
s. 9
Optometrists Act 1940 s. 46
Osteopaths Act 1997 s. 75(3)
Petroleum Products Pricing Act 1983 s. 16(2) & (3)
s. 19(2)
s. 20(2)
s. 25(2)
s. 30(1)
Plant Diseases Act 1914 s. 37
Podiatrists Registration Act 1984 s. 31B(2)
s. 36(2)
s. 41(4) & (5)
Poisons Act 1964 s. 60(1)
s. 61
Psychologists Registration Act 1976 s. 42B(2)
s. 48(2)
s. 55(4) & (5)
Public Meetings and Processions Act 1984 s. 9(3)
Public Sector Management Act 1994 Sch. 3 cl. 4(2)
Radiation Safety Act 1975 s. 57(2) & (3)
Rail Safety Act 1998 s. 48(3)
Real Estate and Business Agents Act 1978 s. 17(2)
s. 62(4)
Retail Trading Hours Act 1987 s. 39
Road Traffic Act 1974 s. 15(3) & (4)
s. 49A(5)
s. 63(7)
s. 67(5) & (6)
s. 67A(5) & (6)
s. 77(2)
s. 81F(3)
s. 89(3)
Sale of Land Act 1970 s. 19B(5)
page 54
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to change terminology Part 17
s. 82
Securities Industry Act 1975 s. 21(6)
s. 77(1)
s. 129(1), (2) & (4)
Seeds Act 1981 s. 21(3)
s. 23(2) & (3)
Sentencing Act 1995 s. 52(3)
Settlement Agents Act 1981 s. 17(2)
Stock (Identification and Movement) s. 54(2)
Act 1970
Taxation Administration Act 2003 s. 106(2)
s. 109(2)
s. 113
s. 123
Tobacco Control Act 1990 s. 10(3)
Trading Stamp Act 1981 s. 4(4)
Transport Co-ordination Act 1966 s. 33(6)
s. 50(4)
Travel Agents Act 1985 s. 45(2)
Trustee Companies Act 1987 s. 35(5)
Veterinary Preparations and Animal s. 50
Feeding Stuffs Act 1976 s. 62(2)
s. 65
s. 66(1)
Veterinary Surgeons Act 1960 s. 16B(9)
Waterways Conservation Act 1976 s. 74(1) & (2)
Weights and Measures Act 1915 s. 27M(1)
s. 40(3)
s. 48
Wildlife Conservation Act 1950 s. 27C
Young Offenders Act 1994 s. 15A(3)
Table 3 -- Provisions of the Bail Act 1982
s. 3(3) s. 35(1)
s. 4 s. 36(2)
Part II heading s. 37(1)
s. 5(1) & (2) s. 39
s. 6(2), (3) & (3a) s. 40(2)
s. 7(1), (2), (3) & (4) s. 42
s. 8(1), (2), (3a) & (4) s. 44(1) & (2)
s. 9(2) s. 46(1) & (2)
page 55
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 17 Amendments to change terminology
s. 82
s. 10 s. 47
s. 11(1), (2) & (3) s. 48(2), (3) & (4)
s. 12 s. 49(1)
s. 14(2), (2a) & (3) s. 50C(1) & (2)
s. 15(1) s. 50D(1) & (2)
s. 16(1) & (2) s. 50E
s. 16A(2) s. 50F(1), (2), (4) & (5)
s. 17(2) s. 50G(1) & (2)
s. 17A(1), (3), (4) & (5) s. 50K
s. 18(1), (2) & (3) s. 51(1), (2), (2a), (4) & (7)
s. 19(1), (2), (3) & (4) s. 52(1) & (2)
s. 20(1) & (3) s. 54(1), (2) & (4)
s. 21(1) s. 55(1) & (2)
s. 23 s. 56
s. 24(1) & (2) s. 57(1), (2) & (4)
s. 24A(2), (3) & (4) s. 58(1) & (2)
s. 25 s. 59
s. 26(1), (2), (3) & (4) s. 60
s. 27(1) s. 64
s. 28(2) s. 66(1)
s. 29 Sch. 1 Pt. A
s. 30(1), (2) & (3) Sch. 1 Pt. B
s. 31(2), (3) & (4) Sch. 1 Pt. C
s. 32(1) & (4) Sch. 1 Pt. D
s. 33(1), (2) & (3) Sch. 2
s. 34
Table 4 -- Provisions of the Criminal Law (Mentally Impaired
Defendants) Act 1996
s. 1 s. 24(1), (2), (3) & (5)
s. 3 s. 25(1), (2) & (3)
s. 4 s. 26
Part 2 heading s. 27(1) & (2)
s. 5(1) to (5) s. 28(1), (2), (3) & (4)
s. 6(2) s. 30
s. 7 s. 31(1), (2), (3) & (4)
s. 9 s. 32(1) & (2)
s. 10(1) & (2) Part 5 Division 4 heading
s. 11(1), (2) & (3) s. 33(1) to (5)
s. 12(1), (2), (3) & (4) s. 34(1) & (2)
page 56
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to change terminology Part 17
s. 83
s. 13 Part 5 Division 5 heading
s. 14 s. 35(1) to (5)
s. 15 s. 36
s. 16(1) to (6) & (8) s. 37(1), (2) & (3)
s. 17(1), (1a) & (2) s. 38(1) & (2)
s. 18 s. 39
s. 19(1) to (5) & (7) s. 40(1) & (2)
Part 4 heading Part 6 heading
s. 20 s. 41
s. 22(1), (2) & (3) s. 45(2)
Part 5 heading s. 48
s. 23
83. Bail Act 1982 amended
(1) The amendments in this section are to the Bail Act 1982*.
[* Reprinted as at 27 August 1999.
For subsequent amendments see Western Australian
5 Legislation Information Tables for 2003, Table 1, p. 28 and
Acts Nos. 50 of 2003 and 4 of 2004.]
(2) Section 3(1) is amended as follows:
(a) by inserting in the appropriate alphabetical position the
following definition --
10 "
"accused" includes --
(a) a person charged with, convicted of, or
found guilty of an offence;
(b) a person whose conviction for an offence is
15 stayed;
(c) a person in respect of whom an appeal
relating to an offence is pending;
(d) a person in respect of whom a new trial for
an offence has been ordered;
20 ";
page 57
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 17 Amendments to change terminology
s. 84
(b) in the definitions of "adjournment", "appropriate
judicial officer" and "trial" by deleting "defendant" and
inserting instead --
" accused ";
5 (c) by deleting the definition of "defendant".
(3) Sections 50C(4)(a), 50L(1) and 67(2)(a)(iii) are each amended
by deleting "defendants" in each place it occurs and inserting
instead --
" accused persons ".
10 84. Criminal Law (Mentally Impaired Defendants) Act 1996
amended
(1) The amendments in this section are to the Criminal Law
(Mentally Impaired Defendants) Act 1996*.
[* Reprinted as at 21 June 2002.
15 For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 96 and
Act No. 4 of 2004.]
(2) Section 3 is amended as follows:
(a) by inserting in the appropriate alphabetical position the
20 following definition --
"
"accused" means a person charged with an offence,
whether a simple offence or an indictable offence;
";
25 (b) by deleting the definition of "defendant".
page 58
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to change terminology Part 17
s. 85
85. Evidence Act 1906 amended
(1) The amendments in this section are to the Evidence Act 1906*.
[* Reprint 12 as at 10 October 2003.
For subsequent amendments see Western Australian
5 Legislation Information Tables for 2003, Table 1, p. 128 and
Act No. 4 of 2004.]
(2) Section 36A(1) is amended as follows:
(a) by inserting in the appropriate alphabetical position the
following definition --
10 "
"accused" in relation to a hearing or trial, means any
accused at the hearing or trial whether or not that
accused is charged with a sexual offence;
";
15 (b) by deleting the definition of "defendant".
(3) If the Children and Community Services Act 2003 Schedule 2
clause 9 has come into operation, section 106A of the Evidence
Act 1906 is amended as follows:
(a) by inserting in the appropriate alphabetical position the
20 following definition --
"
"accused" --
(a) in relation to an application referred to in
clause 2 of Part A of Schedule 7 --
25 (i) means any party to the proceeding,
other than the affected child and an
applicant who is an officer as defined in
section 3 of the Children and
Community Services Act 2003;
30 (ii) in sections 106K(3)(a) and 106N as they
apply to such an application, means any
such party specified by the judge;
page 59
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 17 Amendments to change terminology
s. 85
(b) in relation to any other Schedule 7
proceeding, a person charged with an
offence;
";
5 (b) by deleting the definition of "defendant".
(4) If the Children and Community Services Act 2003 Schedule 2
clause 9 has not come into operation, section 106A of the
Evidence Act 1906 is amended as follows:
(a) by inserting in the appropriate alphabetical position the
10 following definition --
"
"accused" --
(a) in relation to an application referred to in
clause 2 of Part A of Schedule 7 --
15 (i) means any party to the proceeding,
other than the affected child and an
applicant who is a police officer or an
officer of the department established
under section 4 of the Community
20 Services Act 1972;
(ii) in sections 106K(3)(a) and 106N as they
apply to such an application, means any
such party specified by the judge;
(b) in relation to any other Schedule 7
25 proceeding, a person charged with an
offence;
";
(b) by deleting the definition of "defendant",
and the Children and Community Services Act 2003 Schedule 2
30 clause 9(2) is amended by deleting " "defendant" " and inserting
instead --
" "accused" ".
page 60
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to change terminology Part 17
s. 86
86. Official Prosecutions (Defendants' Costs) Act 1973 amended
(1) The amendments in this section are to the Official Prosecutions
(Defendants' Costs) Act 1973*.
[* Reprinted as at 19 February 1999.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 269.]
(2) Section 4(1) is amended as follows:
(a) by inserting in the appropriate alphabetical position the
following definition --
10 "
"accused" means a person charged with an offence in
an official prosecution;
";
(b) by deleting the definition of "defendant".
page 61
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Schedule 1 Amendments to various Acts
Schedule 1 -- Amendments to various Acts
[s. 78]
1. Aboriginal Affairs Planning Authority Act 1972
s. 49 Repeal the section.
2. Agricultural Products Act 1929
s. 7 Delete ", and where products are sold in contravention of this
Act the purchaser himself may proceed against the seller for
an offence under this Act".
3. Agriculture and Related Resources Protection Act 1976
s. 93(1) Delete "Criminal Procedure (Summary) Act 1902" and insert
instead --
" Criminal Procedure Act 2004 ".
4. Architects Act 1921
s. 22A(4) Delete "Criminal Procedure (Summary) Act 1902" and insert
instead --
" Criminal Procedure Act 2004 ".
5. Art Gallery Act 1959
s. 27(2) Repeal the subsection.
6. Companies (Co-operative) Act 1943
s. 427 Delete "Criminal Procedure (Summary) Act 1902" and insert
instead --
" Criminal Procedure Act 2004 ".
7. Co-operative and Provident Societies Act 1903
s. 58(1) Delete "any other person" and insert instead --
" a person authorised by the Registrar to do so ".
page 62
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to various Acts Schedule 1
8. Corruption and Crime Commission Act 2003
s. 43(5) Delete "section 103 of the Criminal Procedure (Summary)
Act 1902 and section 611B of The Criminal Code" and insert
instead --
"
sections 61 and 95 of the Criminal Procedure Act 2004
".
9. Criminal Law (Mentally Impaired Defendants) Act 1996
s. 17(2) Delete "Part V of the Criminal Procedure (Summary)
Act 1902" and insert instead --
" Part 3 Division 4 of the Criminal Procedure Act 2004 ".
s. 20 Delete "under section 143 of the Criminal Procedure
(Summary) Act 1902 a court" and insert instead --
" a court of summary jurisdiction ".
s. 21 Delete "under section 653 or 693(4) of The Criminal Code a
defendant is found not guilty" and insert instead --
" an accused is acquitted by a superior court or on appeal ".
10. Diamond (Argyle Diamond Mines Joint Venture) Agreement
Act 1981
s. 27 Delete "The Criminal Code, the Police Act 1892, the
Government Agreements Act 1979 or any other Act,
regulation, rule or by-law" and insert instead --
" any other written law ".
11. Fertilizers Act 1977
s. 38(1) Delete "Criminal Procedure (Summary) Act 1902" and
insert instead --
" Criminal Procedure Act 2004 ".
page 63
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Schedule 1 Amendments to various Acts
12. Finance Brokers Control Act 1975
s. 93(3) Repeal the subsection and insert instead --
"
(3) An allegation in a charge of an offence under this
Act that a person named therein was or was not
licensed at the time specified therein shall, in the
absence of proof to the contrary, be taken as
proved.
".
13. Health Act 1911
s. 14 Delete "Criminal Procedure (Summary) Act 1902" and insert
s. 246ZR(1) instead --
" Criminal Procedure Act 2004 ".
s. 231(5) Delete "the provisions of section 43 of the Criminal
Procedure (Summary) Act 1902, but subject to those of
section 51 of that Act, join both matters in the same
complaint." and insert instead --
"
Schedule 1 clause 2(2) and (3) of the Criminal
Procedure Act 2004, join both matters in the one
prosecution notice.
".
14. Industrial Relations Act 1979
s. 81CA(6) In each provision, delete "Criminal Procedure (Summary)
s. 81D(3) Act 1902" and insert instead --
s. 83D(1) " Criminal Procedure Act 2004 ".
s. 83D(2) Repeal the subsection and insert instead --
"
(2) A determination of an industrial magistrate's
court made in the exercise of the jurisdiction
conferred by subsection (1) cannot be appealed
under the Criminal Appeals Act 2004.
".
page 64
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to various Acts Schedule 1
15. Interpretation Act 1984
s. 67(3) and (4) Repeal the subsections and insert instead --
"
(3) The procedure for prosecuting and dealing with
offences is set out in the Criminal Procedure
Act 2004.
".
16. Land Drainage Act 1925
s. 167(6) Delete "Criminal Procedure (Summary) Act 1902" and
insert instead --
" Criminal Procedure Act 2004 ".
17. Land Valuers Licensing Act 1978
s. 35(3) Delete "Without limiting the application of section 72 of the
Criminal Procedure (Summary) Act 1902 in relation to a
complaint for an offence against this Act, in any proceedings
for an offence against this Act an allegation in the complaint"
and insert instead --
" An allegation in a charge of an offence under this Act ".
18. Litter Act 1979
s. 27A(4) Delete "Criminal Procedure (Summary) Act 1902" and insert
instead --
" Criminal Procedure Act 2004 ".
19. Magistrates Court Act 2004
s. 11(3)(b) In each provision, delete "Criminal Procedure (Summary)
s. 40(3)(b) Act 1902" and insert instead --
" Criminal Procedure Act 2004 ".
s. 36(5)(a) In each provision, delete "Criminal Procedure (Summary)
s. 36(6) Act 1902" and insert instead --
" Criminal Appeals Act 2004 ".
page 65
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Schedule 1 Amendments to various Acts
20. Minimum Conditions of Employment Act 1993
s. 46(1) Delete "Criminal Procedure (Summary) Act 1902" and insert
instead --
" Criminal Procedure Act 2004 ".
s. 46(2) Delete "Part VIII of the Criminal Procedure (Summary)
Act 1902" and insert instead --
" Part 2 of the Criminal Appeals Act 2004 ".
21. Museum Act 1969
s. 50(2) Repeal the subsection.
22. Occupational Safety and Health Act 1984
s. 51C(1)(b) Delete "Criminal Procedure (Summary) Act 1902" and insert
instead --
" Criminal Procedure Act 2004 ".
s. 54B(1) Delete "Part VIII of the Criminal Procedure (Summary)
Act 1902" and insert instead --
" Part 2 of the Criminal Appeals Act 2004 ".
23. Police Act 1892
s. 50A Repeal the section.
24. Pollution of Waters by Oil and Noxious Substances Act 1987
s. 31(1) Delete "Criminal Procedure (Summary) Act 1902" and insert
instead --
" Criminal Procedure Act 2004 ".
25. Prisons Act 1981
s. 23 Delete "Chapter LXIX of The Criminal Code or to any place
to which the Court of Criminal Appeal or a Judge of that
Court" and insert instead --
"
an appeal under the Criminal Appeals Act 2004 or to
any place to which a Judge of the Supreme Court
".
page 66
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to various Acts Schedule 1
s. 73(1)(a) Delete the paragraph and "or" after it and insert instead --
"
(a) direct the superintendent to commence a
prosecution for an aggravated prison offence in a
court of summary jurisdiction; or
".
s. 73(2) Repeal the subsection and insert instead --
"
(2) If a prosecution for an aggravated prison offence
is commenced in a court of summary jurisdiction,
the prosecution shall be heard and determined by
the court as if the aggravated prison offence were
a simple offence.
".
26. Prostitution Act 2000
s. 31(2)(b) Delete the paragraph and "and" after it and insert instead --
"
(b) make an application under section 71 of the
Criminal Procedure Act 2004 as if the person
were a party to the prosecution for the offence;
and
".
s. 31(2)(c) Delete the paragraph and insert instead --
"
(c) appeal against the order under Part 2 of the
Criminal Appeals Act 2004.
".
27. Psychologists Registration Act 1976
s. 42(3) Delete "Criminal Procedure (Summary) Act 1902" and insert
instead --
" Criminal Procedure Act 2004 ".
page 67
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Schedule 1 Amendments to various Acts
28. Rail Safety Act 1998
s. 56(1) Delete "Despite section 51 of the Criminal Procedure
(Summary) Act 1902, a complaint of " and insert instead --
" A prosecution for ".
29. Road Traffic Act 1974
s. 100(1) Delete "Criminal Procedure (Summary) Act 1902" and
insert instead --
" Criminal Procedure Act 2004 ".
30. Royal Commissions Act 1968
s. 34 Repeal the section.
31. Strata Titles Act 1985
s. 116A(4)(a) Delete "Part VIII of the Criminal Procedure (Summary)
Act 1902" and insert instead --
" Part 2 of the Criminal Appeals Act 2004 ".
32. Street Alignment Act 1844
s. 10 Delete "before the Court of Quarter Sessions of this Colony".
Delete "at the discretion of the Court".
33. Suitors' Fund Act 1964
s. 3 In the definition of "appeal", delete "Part VIII of the
Criminal Procedure (Summary) Act 1902" and insert
instead --
" Part 2 of the Criminal Appeals Act 2004 ".
s. 5(1)(c) Delete the paragraph and insert instead --
"
(c) upon the issue of any summons or court hearing
notice under the Criminal Procedure Act 2004 in
respect of a prosecution notice to be dealt with by
a court of summary jurisdiction,
".
page 68
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to various Acts Schedule 1
34. Transfer of Land Act 1893
s. 214(2) Repeal the subsection and insert instead --
"
(2) A prosecution for an offence under subsection (1)
in respect of the registration of any dealing in
Crown land may be commenced at any time.
".
35. Veterinary Preparations and Animal Feeding Stuffs Act 1976
s. 64(2) Delete "by the person aggrieved,".
36. Weapons Act 1999
s. 16(2)(b) Delete "section 136A of the Criminal Procedure
(Summary) Act 1902" and insert instead --
" section 71 of the Criminal Procedure Act 2004 ".
s. 16(2)(c) Delete the paragraph and insert instead --
"
(c) appeal against the order under Part 2 of the
Criminal Appeals Act 2004.
".
37. Wildlife Conservation Act 1950
s. 27(2) Delete "Part VIII of the Criminal Procedure (Summary)
Act 1902" and insert instead --
" Part 2 of the Criminal Appeals Act 2004 ".
s. 27B Delete "Criminal Procedure (Summary) Act 1902" and
insert instead --
" Part 2 of the Criminal Appeals Act 2004 ".
38. Workers' Compensation and Rehabilitation Act 1981
s. 114(3) In each provision, delete "Criminal Procedure (Summary)
s. 188A(1) Act 1902" and insert instead --
s. 188A(4) " Criminal Procedure Act 2004 ".
page 69
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Schedule 1 Amendments to various Acts
s. 188A(2) Delete "Part VIII of the Criminal Procedure (Summary)
Act 1902" and insert instead --
" Part 2 of the Criminal Appeals Act 2004 ".
page 70
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to change terminology Schedule 2
Schedule 2 -- Amendments to change terminology
[s. 80]
1. Aboriginal Affairs Planning Authority Act 1972
s. 31(2) Repeal the subsection and insert instead --
"
(2) A prosecution for an offence under subsection (1)
must not be commenced without the authority of
the Commissioner.
".
s. 47 Delete "where in a complaint made, or in an indictment or
information presented, in any proceedings under this Act, an
averment is made -- " and insert instead --
"
if a statement is made in a prosecution notice or an
indictment containing a charge of an offence against
this Act --
".
Delete "averment proved" and insert instead --
" statement proved ".
2. Aboriginal Communities Act 1979
s. 9(2) Delete "complaint" and insert instead --
" charge ".
s. 10 Repeal the section and insert instead --
"
10. Limitation period for prosecutions
A prosecution for an offence against a by-law must
be commenced within 6 months after the date on
which the offence was allegedly committed.
".
page 71
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Schedule 2 Amendments to change terminology
3. Aboriginal Heritage Act 1972
s. 53 Delete "complaint preferred by the Minister" and insert
instead --
" charge ".
s. 60(3) Delete "complaint" and insert instead --
" charge ".
4. Agricultural and Veterinary Chemicals (Western Australia)
Act 1995
s. 3 In the definition of "instrument", in paragraph (h), after
"indictment," insert --
" prosecution notice, ".
5. Agricultural Products Act 1929
s. 8(2) Delete "the complaint" and insert instead --
" the charge ".
Delete "complaint" and insert instead --
" prosecution notice verified on oath ".
s. 8A(1)(b) Delete "complaint of " and insert instead --
" prosecution for ".
6. Agriculture and Related Resources Protection Act 1976
s. 84(2) Delete "complaint, made" and insert instead --
" an application supported by evidence ".
page 72
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to change terminology Schedule 2
s. 84(3) Delete "make a complaint on oath or affirmation before a
justice alleging that in his opinion there had been no
reasonable grounds for the exercise of that power, and
thereupon the justice shall cause the matter to be inquired into
and shall make his findings known to the complainant" and
insert instead --
"
apply to the Magistrates Court for a review of the
exercise of that power on the grounds there were no
reasonable grounds for its exercise and the court shall
inquire into the matter and make its findings known to
the applicant
".
s. 93(2) Delete "complainant" and insert instead --
" prosecutor ".
s. 94(3) Delete "complaint" and insert instead --
" prosecution notice ".
7. Animal Welfare Act 2002
s. 59 Delete "complaint made" and insert instead --
" an application supported by evidence ".
s. 60 Delete "complaint made" and insert instead --
" an application supported by evidence ".
s. 62(2) Delete "(but need not swear) a complaint" and insert
instead --
" an application (without the evidence on oath) ".
s. 62(6) Delete "swear the complaint and send it to the justice" and
insert instead --
"
send the evidence on oath in support of the application to
the justice
".
s. 82(3)(b) Delete "complaint" and insert instead --
" prosecution notice ".
page 73
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Schedule 2 Amendments to change terminology
8. Architects Act 2004
s. 75(3) Delete "complaint" and insert instead --
" prosecution notice ".
s. 75(4) Delete "make a complaint or conduct the" and insert
instead --
" commence or conduct a ".
9. Armorial Bearings Protection Act 1979
s. 3(3) Delete "complaint in respect" and insert instead --
" charge ".
10. Art Gallery Act 1959
s. 24 Delete "complaint preferred by the Board" and insert
instead --
" prosecution ".
Delete "complaint is preferred" and insert instead --
" prosecution ".
11. Betting Control Act 1954
s. 24(3) Delete "complaint" and insert instead --
" prosecution ".
Delete "made" and insert instead --
" commenced ".
s. 28A(1) Delete "complaint made" and insert instead --
" an application supported by evidence ".
s. 28B Delete "of any complaint for" and insert instead --
" by a court of a charge of ".
Delete "hearing the complaint".
Delete "in the complaint" in the first 2 places it occurs.
Delete "against that person in the complaint".
page 74
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to change terminology Schedule 2
s. 31A(2)(e) Delete "a complaint arising out of the bet is made against
another person, on the hearing of the complaint" and insert
instead --
"
another person is charged with an offence arising out of
the bet, on the hearing of the charge
".
s. 31A(2)(g) Delete "the person against whom the complaint is made" and
insert instead --
" a person charged with an offence ".
12. Botanic Gardens and Parks Authority Act 1998
s. 51(3)(b) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
13. Builders' Registration Act 1939
s. 20B(3)(b) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
s. 21A Repeal the section and insert instead --
"
21A. Limitation period for prosecutions
A prosecution for an offence under this Act must
be commenced within 3 years after the date on
which the offence was allegedly committed.
".
14. Building and Construction Industry Training Fund and Levy
Collection Act 1990
s. 29(2) Repeal the subsection and insert instead --
"
(2) A prosecution for an offence against this Act must
be commenced within 2 years after the date on
which the offence was allegedly committed.
".
page 75
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Schedule 2 Amendments to change terminology
15. Bush Fires Act 1954
s. 59A(2) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
s. 65(4) In each provision, delete "complaint" and insert instead --
s. 66(3) " prosecution notice ".
16. Cannabis Control Act 2003
s. 8(3) In each provision, delete "have a complaint of the alleged
s. 8(4)(a) offence heard and determined by" and insert instead --
s. 9(3)(a) " be prosecuted for the alleged offence in ".
s. 19(3)(e)
17. Caravan Parks and Camping Grounds Act 1995
s. 23(3)(b) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
18. Casino Control Act 1984
s. 23(2b) In each provision, delete "complainant" and insert instead --
s. 27(3b) " prosecutor ".
s. 29I(1)(b) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
s. 36(3) Delete "complaint" and insert instead --
" charge ".
19. Cemeteries Act 1986
s. 63(1) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
page 76
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to change terminology Schedule 2
20. Censorship Act 1996
s. 117E(1)(b) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
21. Chicken Meat Industry Act 1977
s. 22(2) Delete "complaint" and insert instead --
" prosecution ".
Delete "laid" and insert instead --
" commenced ".
Delete "lay complaints" and insert instead --
" commence prosecutions ".
22. Child Welfare Act 1947
s. 30(3) Delete "complaint" and insert instead --
" allegation ".
s. 40A(2) Delete "complaint" and insert instead --
" claim ".
s. 107C(1) Delete "a complaint against".
s. 107C(2) Delete "complaints prosecuted" and insert instead --
" prosecutions commenced ".
s. 122(1) Delete "cases under this Act heard on complaint or
application" and insert instead --
"
prosecutions commenced or applications made under
this Act
".
s. 122(2) Delete "lay such complaint" and insert instead --
" commence such prosecution ".
s. 130(3) Delete "complaint" and insert instead --
" an application supported by evidence ".
Delete "complained against".
page 77
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Schedule 2 Amendments to change terminology
s. 130(4) Delete "complaint" and insert instead --
" prosecution of an offence ".
Delete "person complained against" and insert instead --
" accused ".
Delete "such person" in the 2 places where it occurs and in
each place insert instead --
" the accused ".
s. 130A(1) Delete "complaint" and insert instead --
" an application ".
s. 130A(5) Delete "a complaint" and insert instead --
" an application ".
Delete "complaint is laid" and insert instead --
" application is made ".
s. 149(1)(j) Delete "complaints" and insert instead --
" applications ".
23. Children and Community Services Act 2004
s. 111 Delete "complaint" and insert instead --
" charge ".
s. 196(1) Delete "a complaint against".
s. 196(2) Delete "complaints prosecuted" and insert instead --
" prosecutions commenced ".
s. 245(1) Delete "taken" and insert instead --
" commenced ".
s. 245(2) Delete "complaint" and insert instead --
" prosecution notice ".
s. 245(3) Delete "make a complaint" and insert instead --
" commence ".
page 78
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to change terminology Schedule 2
24. Children's Court of Western Australia Act 1988
s. 19(1) In each provision, delete "complaint" in each place it occurs
s. 22(3) and in each place insert instead --
s. 27(1) " charge ".
s. 30(2)
s. 30(4)
s. 33
s. 36(1)(a)
s. 19(4) Delete "appearing before a court on a complaint of a simple
offence" and insert instead --
" being prosecuted for a simple offence in a court ".
s. 19B(4)(b) In each provision, delete "complainant" and insert instead --
s. 19E " prosecutor ".
s. 28(2)(d)
s. 19B(4)(c) In each provision, delete "complaint" in each place it occurs
s. 19C(3)(b) and in each place insert instead --
s. 19D " prosecution notice ".
s. 51
s. 20 Delete "complaints and".
Delete "(but not including complaints of offences under that
Act committed by adult persons)".
s. 22(1) Delete "complaint of" and insert instead --
" charge of ".
Delete "the complaint" and insert instead --
" the charge ".
s. 22(2) Delete "complaint of " and insert instead --
" charge of ".
Delete "that complaint" and insert instead --
" that charge ".
s. 27(2) Delete "Where a complaint or application is being made" and
insert instead --
" In the case of a prosecution or application ".
Delete "the complaint" in the 2 places it occurs and in each
place insert instead --
" the charge ".
page 79
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Schedule 2 Amendments to change terminology
s. 30(1) Delete "complaint of an offence is made to" and insert
instead --
" prosecution for an offence is commenced in ".
Delete "the complaint" and insert instead --
" the charge ".
25. Coal Industry Tribunal of Western Australia Act 1992
s. 26(5) Delete "Complaints" and insert instead --
" Prosecutions ".
26. Community Services Act 1972
s. 19(2) Delete "complaint" and insert instead --
" prosecution ".
Delete "laid" and insert instead --
" instituted ".
27. Companies (Co-operative) Act 1943
s. 428 Delete "complaint or information" in the 3 places it occurs and
in each place insert instead --
" prosecution notice or indictment ".
Delete "defendant" and insert instead --
" accused ".
28. Competition Policy Reform (Western Australia) Act 1996
s. 3(1) In the definition of "instrument", in paragraph (h), after
"indictment," insert --
" prosecution notice, ".
29. Conservation and Land Management Act 1984
s. 112 Delete "complaint of " and insert instead --
" prosecution notice for ".
s. 114A(2) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
page 80
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to change terminology Schedule 2
s. 119 Delete "the complaint" and insert instead --
" an application supported by evidence ".
30. Construction Industry Portable Paid Long Service Leave Act 1985
s. 48(1) Delete "complaint" and insert instead --
" prosecution ".
Delete "laid" and insert instead --
" commenced ".
Delete "lay complaints" and insert instead --
" commence prosecutions ".
31. Contaminated Sites Act 2003
s. 84(3) In each provision, delete "complaint" in each place it occurs
s. 85(3) and in each place insert instead --
s. 86(1) " prosecution notice ".
s. 86(2)
s. 85(2) Delete "complaint of " and insert instead --
" prosecution notice alleging ".
Delete "the complaint".
Delete "may be made" and insert instead --
" the prosecution may be commenced ".
Before "need" insert --
" the prosecution notice ".
32. Control of Vehicles (Off-road Areas) Act 1978
s. 9B(5) Delete "complaint" and insert instead --
" charge of an offence ".
s. 37(1) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
s. 39(1)(a) Delete "complaint" and insert instead --
" prosecution notice ".
page 81
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Schedule 2 Amendments to change terminology
33. Co-operative and Provident Societies Act 1903
s. 51 Delete "the complaint of the society or of " and insert
instead --
" a prosecution commenced by the society or ".
Delete "of the Registrar" and insert instead --
" by the Registrar ".
s. 59 Repeal the section.
34. Country Areas Water Supply Act 1947
s. 12BA(1) Delete "making a complaint of " in the 2 places it occurs and
in each place insert instead --
" commencing a prosecution for ".
Delete "complaint of such an offence that was made" and
insert instead --
" prosecution for such an offence that was commenced ".
s. 115(2) Delete "complaint" and insert instead --
" prosecution ".
Delete "made" and insert instead --
" commenced ".
35. Country Towns Sewerage Act 1948
s. 113(3) Repeal the subsection.
36. The Criminal Code
s. 17 In each provision, delete "complaint" in each place it occurs
s. 133A and in each place insert instead --
" prosecution notice ".
s. 711 Delete "complaint made" and insert instead --
" an application supported by evidence ".
Delete "the complaint" and insert instead --
" the application ".
s. 716 Delete "complaint made" and insert instead --
" an application supported by evidence ".
page 82
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to change terminology Schedule 2
37. Criminal Investigation (Extra-territorial Offences) Act 1987
s. 4(2) In each provision, delete "complaint" and insert instead --
s. 4(3) " evidence ".
38. Criminal Investigation (Identifying People) Act 2002
s. 3(2) Delete "the officer investigating the offence".
s. 3(2)(a) Before "informs" insert --
" the officer investigating the offence ".
s. 3(2)(b) Delete the paragraph and insert instead --
"
(b) a prosecution of the offence is commenced against
the person,
".
39. Criminal Law (Mentally Impaired Defendants) Act 1996
s. 16(5) In each provision, delete "complaint" and insert instead --
s. 19(4) " charge ".
40. Criminal Property Confiscation Act 2000
s. 158 Delete "complaint has been made against the person for the
offence" and insert instead --
"
prosecution of the person for the offence has been
commenced
".
s. 158(a) Delete "to answer the complaint" and insert instead --
" in relation to the prosecution ".
Delete "or" after the paragraph.
After s. 158(a) Insert the following paragraph --
"
(aa) a court hearing notice has been issued to the person
in respect of the prosecution; or
".
page 83
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Schedule 2 Amendments to change terminology
41. Curtin University of Technology Act 1966
s. 20A(5) Delete "complaint" and insert instead --
" prosecution notice ".
s. 20A(7) Delete "for which a complaint may be brought," and insert
instead --
" proceedings for which may be commenced, ".
42. Dangerous Goods Safety Act 2004
s. 56(3)(b) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
s. 58(1) Delete "complaint" and insert instead --
" prosecution notice ".
s. 58(1)(a) In each provision, delete "complainant" and insert instead --
s. 66(1) " prosecutor ".
43. Dental Act 1939
s. 16 Delete "complaint, information," and insert instead --
" prosecution ".
44. Dental Prosthetists Act 1985
s. 27(3) Delete "complaint" and insert instead --
" prosecution notice ".
s. 27(8) Delete "complainant" in the 2 places it occurs and in each
place insert instead --
" prosecutor ".
45. Director of Public Prosecutions Act 1991
s. 19(1)(a) Delete "complainant" and insert instead --
" prosecutor ".
page 84
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to change terminology Schedule 2
46. Disability Services Act 1993
s. 54(1) Delete "A complaint under the Criminal Procedure
(Summary) Act 1902 for an offence against this Act may be
made or sworn" and insert instead --
"
Proceedings for an offence against this Act may be
commenced
".
s. 54(2) Delete "complainant to make or swear the complaint" and
insert instead --
" prosecutor to commence the proceedings ".
47. Dog Act 1976
s. 53(6) Delete "complainant" and insert instead --
" prosecutor ".
48. Edith Cowan University Act 1984
s. 29(7) Delete "complaint" and insert instead --
" prosecution notice ".
s. 29(9) Delete "for which a complaint may be brought," and insert
instead --
" proceedings for which may be commenced, ".
49. Electoral Act 1907
s. 175U(7) Delete "same complaint" and insert instead --
" one prosecution notice ".
s. 205 Delete "for any such offence complaint may be made within
12 months from the time when the matter of complaint arose"
and insert instead --
"
a prosecution for any such offence may be commenced
within 12 months after the offence was allegedly
committed
".
page 85
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Schedule 2 Amendments to change terminology
50. Energy Operators (Powers) Act 1979
s. 67(4) Delete "any complaint brought pursuant to" and insert
instead --
" a charge of an offence under ".
Delete "any offence alleged in the complaint" and insert
instead --
" the offence charged ".
51. Environmental Protection Act 1986
s. 51R(5) In each provision, delete "complaint" in each place it occurs
s. 114A(4) and in each place insert instead --
s. 119 " prosecution notice ".
s. 79(3) Delete "complaint" and insert instead --
" prosecution ".
s. 99B(1)(b) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
s. 99K(1)(b) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
s. 114A(3) Delete "complaint of " and insert instead --
" prosecution notice alleging ".
Delete "the complaint".
Delete "may be made" and insert instead --
" the prosecution may be commenced ".
Before "need" insert --
" the prosecution notice ".
s. 117(1) Delete "or served" and insert instead --
" to or served on a party to the proceedings ".
Delete "defendant" and insert instead --
" party ".
52. Evidence Act 1906
s. 36 In each provision, delete "complaint" and insert instead --
s. 41 " prosecution notice ".
page 86
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to change terminology Schedule 2
s. 36C(3)(a) Delete the paragraph and insert instead --
"
(a) the person is charged in a prosecution notice or an
indictment with committing a sexual offence;
".
s. 100A(3) Repeal the subsection.
s. 100A(4) Delete "or a complaint or information is laid".
Delete ", or the justice, as the case may be,".
Delete "or seeking to lay that complaint or information".
s. 100A(5) Delete "or laying any complaint or information".
s. 100A(6) Delete "or" after paragraph (a).
Delete paragraph (b).
Delete "or who desires to lay a complaint or information".
s. 119(2)(a)(ii) Delete "on a complaint".
s. 119(4) Delete "complainant was" and insert instead --
" proceedings were commenced by ".
Sixth Schedule Delete " "a complaint", "an indictment", "an information" "
and insert instead --
" "a prosecution notice", "an indictment" ".
53. Exotic Diseases of Animals Act 1993
s. 16(2) Delete "complaint being made" and insert instead --
" such an application supported by evidence on oath ".
54. Fair Trading Act 1987
s. 73(3) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
55. Family Court Act 1997
s. 211(1) In the definition of "decree", delete "complaint" and insert
instead --
" prosecution ".
page 87
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Schedule 2 Amendments to change terminology
56. Fertilizers Act 1977
s. 38(1) Delete "justice before whom the complaint is laid" and insert
instead --
" person before whom the prosecution notice is signed ".
s. 38(2)(b) Delete "complaint is laid" and insert instead --
" prosecution is brought ".
57. Finance Brokers Control Act 1975
s. 92A(3)(b) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
58. Fines, Penalties and Infringement Notices Enforcement Act 1994
s. 11 In the definition of "election", delete "complaint" and insert
instead --
" charge ".
s. 16(4) Delete "make a complaint in respect of " and insert instead --
" commence a prosecution for ".
59. Firearms Act 1973
s. 19A(2) Delete "the complaint relating to that alleged contravention to
be heard and determined by" and insert instead --
" to be prosecuted for the alleged offence in ".
s. 21A(2) Delete "a complaint for an offence may be made out against
that person" and insert instead --
" that person may be prosecuted for an offence ".
s. 21B(2) Delete "complainant" in the 2 places it occurs and in each
place insert instead --
" prosecutor ".
page 88
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to change terminology Schedule 2
s. 23A Delete "A complaint" and insert instead --
" A prosecution ".
Delete "made" and insert instead --
" commenced ".
Delete "from the time when the matter of complaint arose"
and insert instead --
"
after the date on which the alleged offence was
committed
".
s. 29(1) Delete "made by the complainant and contained in the
complaint of the offence" and insert instead --
" in the prosecution notice ".
In paragraph (e), delete "complaint" and insert instead --
" prosecution notice ".
60. First Home Owner Grant Act 2000
s. 44(1) Delete "by a complaint" and insert instead --
" on an application supported by evidence ".
61. Fish Resources Management Act 1994
s. 187(1) Delete "by complaint made" and insert instead --
" on an application supported by evidence ".
s. 188(2) Delete "a complaint" and insert instead --
" an application ".
s. 188(3) Delete "complaint is sworn" and insert instead --
" evidence on oath in support is given ".
s. 188(7)(a) Delete "sworn complaint" and insert instead --
" evidence on oath in support ".
s. 188(8) Delete "complaint" and insert instead --
" evidence on oath in support ".
s. 201(3)(b) Delete "complaint" and insert instead --
" prosecution notice ".
page 89
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Schedule 2 Amendments to change terminology
s. 205(c) In each provision, delete "complaint" in each place it occurs
s. 206 and in each place insert instead --
s. 207 " charge ".
s. 211
s. 212(2)(a) In each provision, delete "complainant's" and insert instead --
s. 213(4)(a) " prosecutor's ".
s. 212(2)(b) In each provision, delete "complainant" in each place it occurs
s. 213(4)(b) and in each place insert instead --
s. 218(2) " prosecutor ".
s. 223(2)
s. 225(2)(a)
s. 229(1)(b) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
62. Forest Products Act 2000
s. 63(4) Delete "a complaint" and insert instead --
" an application supported by evidence ".
63. Gaming and Wagering Commission Act 1987
s. 25(1) Delete "complaint" and insert instead --
" an application supported by evidence on oath ".
s. 33(2) Delete "complaint" and insert instead --
" charge ".
s. 36(2) Delete "have a complaint of that offence heard and determined
by" and insert instead --
" be prosecuted for the alleged offence in ".
s. 36(4) Delete "complaint of the alleged offence may be made" and
insert instead --
" prosecution for the alleged offence may be commenced ".
s. 39(1)(e) Delete "a complaint arising out of the gaming or wager is
made against another person, on the hearing of the complaint"
and insert instead --
"
another person is charged with an offence arising out of
the gaming or wager, on the hearing of the charge
".
page 90
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to change terminology Schedule 2
s. 39(1)(g) Delete "the person against whom the complaint is made" and
insert instead --
" a person charged with an offence ".
s. 39(1)(h) Delete "the complaint may be made for such an offence" and
insert instead --
" a prosecution for such an offence may be commenced ".
s. 39(3) Delete "complaint" and insert instead --
" prosecution ".
s. 43 Delete "any complaint for" and insert instead --
" a charge of ".
s. 51(3)(a) Delete "the complaint may be made against the nominee" and
insert instead --
" the nominee may be charged with the offence ".
64. Government Agreements Act 1979
s. 4(3) Delete "on a complaint".
Delete "the complaint" and insert instead --
" the prosecution notice ".
65. Government Railways Act 1904
s. 53A(3)(b) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
66. Health Act 1911
s. 199(18) Delete "on the complaint of " and insert instead --
" by ".
s. 227(11) Delete "The court before which any complaint is made, or any
appeal is heard," and insert instead --
" A court hearing a prosecution or an appeal ".
s. 227(14) Delete "complaint" and insert instead --
" prosecution ".
s. 246ZR(1)(a) Delete "complainant" and insert instead --
" prosecutor ".
page 91
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Schedule 2 Amendments to change terminology
s. 246ZR(6) Delete "proceeding on a complaint" and insert instead --
" prosecution for an offence ".
Delete "or complaint".
s. 246ZR(7) Repeal the subsection.
s. 246ZX(2)(a) Delete "complainant" in the 2 places it occurs and in each
place insert instead (in the corresponding type) --
" prosecutor ".
Delete "return day of the summons" and insert instead --
" trial date set for the charge ".
After the paragraph insert --
" and ".
s. 246ZX(2) Delete paragraphs (b) and (c) and insert instead --
"
(b) forthwith commence a prosecution for the alleged
offence against the alleged offender in the court.
".
s. 246ZX(3) Repeal the subsection and insert instead --
"
(3) If the accused complies with subsection (2), the
court shall ensure that a court hearing notice is
issued to the alleged offender together with such
other documents as the court determines and that
the charge against the accused and the charge
against the alleged offender are listed for trial on
the same date.
".
s. 246ZX(4) Repeal the subsection.
s. 246ZX(5) Delete "complaints" and insert instead --
" charges ".
s. 246ZX(5)(a) Delete "complainant" and insert instead --
" prosecutor ".
s. 246ZX(5)(b) In subparagraph (ii), delete "dismiss the complaint against the
defendant" and insert instead --
" find the accused not guilty of the charge ".
s. 246ZZ(1)(h) Delete "complaint" and insert instead --
" prosecution notice ".
Delete "complainant" and insert instead --
" prosecutor ".
page 92
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to change terminology Schedule 2
s. 289G(1) Delete "taken" and insert instead --
" commenced ".
s. 289G(2) Repeal the subsection and insert instead --
"
(2) If a prosecution for an offence against the
regulations purports to be commenced with the
written consent of the Executive Director, Public
Health, it is to be presumed, in the absence of
proof to the contrary, that the prosecution has been
so commenced.
".
s. 298(2) Delete "complaint was laid" and insert instead --
" prosecution was commenced ".
s. 354(8) Delete "complainant" and insert instead --
" prosecutor ".
s. 359 Delete "information, complaint, or summons" and insert
instead --
" prosecution ".
s. 377(11) Delete "complaint" and insert instead --
" prosecution notice ".
67. Heritage of Western Australia Act 1990
s. 66(2) Delete "complaint for" and insert instead --
" charge of ".
s. 66(3)(a) Delete "from the time when the matter of complaint arose
notwithstanding section 51 of the Criminal Procedure
(Summary) Act 1902" and insert instead --
" after the date when the alleged offence was committed ".
s. 70(3) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
s. 82(4) After "this Act" insert --
" to a party to the proceedings ".
Delete "defendant" and insert instead --
" party ".
page 93
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Schedule 2 Amendments to change terminology
68. Home Building Contracts Act 1991
s. 31(2) Delete "complaint" and insert instead --
" prosecution notice ".
s. 31B(3)(b) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
69. Human Reproductive Technology Act 1991
s. 52(3) Delete "complaint for" and insert instead --
" charge of ".
s. 55(1) Delete "complaint" and insert instead --
" an application supported by evidence on oath ".
s. 56(1)(a) Delete "by a complaint laid".
s. 56(2) Delete "matter of complaint arose" and insert instead --
" offence was allegedly committed ".
s. 57(1) In each provision, delete "complaint" in each place it occurs
s. 57(2) and in each place insert instead --
s. 57(8) " prosecution notice ".
s. 57(5) After "any notice" insert --
" to a party to the proceedings ".
Delete "defendant" and insert instead --
" party ".
70. Income Tax Assessment Act 1937
s. 212 Repeal the section.
s. 227(1) Delete "information, complaint" and insert instead --
" prosecution notice ".
71. Industrial Relations Act 1979
s. 83D(1) Delete "complaints" and insert instead --
" prosecutions ".
s. 96I(3) Delete "complaint" and insert instead --
" charge ".
page 94
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to change terminology Schedule 2
s. 104(1) In each provision, delete "make and prosecute a complaint of "
s. 104(3) and insert instead --
s. 104(4) " commence and conduct a prosecution for ".
s. 104(2) Delete "complaint shows that the person making the
complaint" and insert instead --
" prosecution notice states that the prosecutor ".
s. 104(5) Repeal the subsection and insert instead --
"
(5) A person not referred to in subsection (1), (3)
or (4) may commence a prosecution for an offence
under this Act but the charge must be dismissed for
want of prosecution unless the court is satisfied
that the prosecutor has been affected by the
conduct giving rise to the offence.
".
72. Land Drainage Act 1925
s. 167(4) Delete "document" and insert instead --
" service of a document on a party to the proceedings ".
Delete "defendant" and insert instead --
" party ".
s. 167(7) Delete "complaint which it is necessary to make under or for
the purposes of " and insert instead --
" prosecution of an offence under ".
Delete "laid" and insert instead --
" commenced ".
Delete "the complaint" and insert instead --
" the charge ".
s. 173(3) Delete "complaint" and insert instead --
" prosecution notice ".
73. Licensed Surveyors Act 1909
s. 24 Delete "complaint" and insert instead --
" prosecution ".
page 95
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Schedule 2 Amendments to change terminology
74. Liquor Licensing Act 1988
s. 52(2) After "complaint" insert --
" or charge ".
s. 101(1) Delete "a complaint may be made out against the person for
the offence" and insert instead --
" that person may be charged with the offence ".
s. 109(7) Delete "complaint" and insert instead --
" charge of an offence ".
s. 112(2) Delete "complaint for" and insert instead --
" charge of ".
s. 119(6) Delete "complaint for" and insert instead --
" charge of ".
s. 125(1) Delete "complaint for" and insert instead --
" charge of ".
s. 156(2) Delete "the complaint of " and insert instead --
" a prosecution commenced by ".
Delete "complaint to" and insert instead --
" offence to ".
s. 161(1) Delete "complaint" and insert instead --
" an application supported by evidence on oath ".
s. 162(2) Delete "on a complaint" and insert instead --
" of a charge ".
s. 164(5) After "complainant" in each of the 2 places it occurs, insert --
" or prosecutor ".
s. 165(3) Delete "complaint for" and insert instead --
" charge of ".
s. 167(2) Delete "complaint for the alleged offence may be heard and
determined by" and insert instead --
"
prosecution for the alleged offence may be
commenced in
".
s. 167(7)(b)(i) Delete "complaint for" and insert instead --
" charge of ".
page 96
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to change terminology Schedule 2
s. 168(1) Delete "complaint for an offence against this Act may be laid"
and insert instead --
"
prosecution for an offence against this Act may be
instituted
".
s. 171(1)(a) Delete "a complaint, arising out of the purchase or obtaining
of the liquor, is made against some other person" and insert
instead --
"
some other person is charged with an offence arising out
of the purchase or obtaining of the liquor
".
s. 171(1)(b) Delete "complaint" and insert instead --
" charge ".
s. 171(2) Delete "complaint" and insert instead --
" charge of an offence ".
s. 172(1) Delete "complaint" in each place it occurs and in each place
insert instead --
" charge ".
s. 172(4) After "any notice" insert --
" to a party to the proceedings ".
Delete "defendant" and insert instead --
" party ".
s. 172(7) Delete "complaint" and insert instead --
" prosecution notice ".
75. Litter Act 1979
s. 30(1) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
76. Local Government Act 1995
s. 6.56(2) Delete "complaint,".
page 97
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Schedule 2 Amendments to change terminology
s. 9.17(1)(b) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
s. 9.26 Delete "complaint which it is necessary to make under or for a
purpose of " and insert instead --
" prosecution notice for an offence under ".
77. Local Government (Miscellaneous Provisions) Act 1960
s. 454 Delete "complaint" and insert instead --
" charge ".
s. 460(5)(b) Delete "before a Justice of the Peace at the time of making the
complaint therefor, or assessed on the hearing of such
complaint" and insert instead --
" or determined on the hearing of a charge of trespass ".
s. 474(2)(b) In each provision, delete "on complaint before a court of
s. 474(3)(b) summary jurisdiction" and insert instead --
" in a court of competent jurisdiction ".
s. 484(4) Delete "complaint that" and insert instead --
" charge that ".
Delete "in respect of which the complaint is made" and insert
instead --
" concerned ".
78. Magistrates Court Act 2004
s. 17(1) In the definition of "document", delete "complaint" and insert
instead --
" prosecution notice ".
s. 33(5) Delete "complaint" in the first place it occurs and insert
instead --
" charge ".
s. 33(5)(a) In subparagraph (i), delete "complaint" and insert instead --
" prosecution notice containing the charge ".
In subparagraph (ii), delete "defendant's" and insert instead --
" accused's ".
page 98
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to change terminology Schedule 2
79. Marine and Harbours Act 1981
s. 18A(3)(b)(ii) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
80. Maritime Archaeology Act 1973
s. 10(3) In each provision, delete "complaint" and insert instead --
s. 15 " charge ".
s. 16 Repeal the section and insert instead --
"
16. Limitation period for prosecutions
A prosecution for an offence against this Act may
be commenced within 12 months after the date on
which the offence was allegedly committed or, if
the person before whom the prosecution notice is
signed is satisfied by evidence on oath that having
regard to the circumstances of the case it was not
practicable to commence the prosecution at an
earlier date and gives or renews a certificate to that
effect, within one month after the date of the
certificate.
".
81. Marketing of Potatoes Act 1946
s. 22(3) In each provision, delete "complaint for" and insert instead --
s. 22(4) " charge of ".
s. 22B(2) In each provision, delete "complaint" and insert instead --
s. 41E " charge ".
s. 40(2)(b) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
82. Medical Act 1894
s. 8(1) Delete "complaint, information" and insert instead --
" prosecution ".
page 99
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Schedule 2 Amendments to change terminology
83. Metropolitan Water Supply, Sewerage, and Drainage Act 1909
s. 152A Repeal the section and insert instead --
"
152A. Limitation period for prosecutions
A prosecution for an offence against this Act may
be commenced within 24 months after the date
on which the offence was allegedly committed.
".
s. 159(3) Repeal the subsection.
84. Mines Safety and Inspection Act 1994
s. 98(1) Delete "complaint" and insert instead --
" charge ".
85. Mining Act 1978
s. 161(1) Delete "complaint" and insert instead --
" charge ".
86. Motor Vehicle (Third Party Insurance) Act 1943
s. 3(2) Delete "complaint laid" and insert instead --
" a prosecution commenced ".
s. 4(6) Delete "complaint" in the 2 places it occurs and in each place
insert instead --
" charge ".
s. 18(1) Delete "on complaint to a court of summary jurisdiction" and
insert instead --
" to the Magistrates Court ".
87. Motor Vehicle Dealers Act 1973
s. 55(2) Delete "complainant" in the 2 places it occurs and in each
place insert instead --
" prosecutor ".
s. 55A(3)(b) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
page 100
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to change terminology Schedule 2
88. Motor Vehicle Repairers Act 2003
s. 101(2)(c) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
s. 110(3) Delete "complainant" in the 2 places it occurs and in each
place insert instead --
" prosecutor ".
89. Murdoch University Act 1973
s. 24(8) Delete "The complaint in respect of an offence against a
by-law shall be made and the proceedings" and insert
instead --
" Proceedings for an offence against a by-law shall be ".
Delete "thereby charged was" and insert instead --
" was allegedly ".
s. 24(11) Delete "complaint" and insert instead --
" charge ".
90. Museum Act 1969
s. 48 Delete "any complaint preferred by the Trustees" and insert
instead --
" a charge ".
91. National Trust of Australia (W.A.) Act 1964
s. 26(2)(b) Delete the paragraph.
92. New Tax System Price Exploitation Code (Western Australia)
Act 1999
s. 3(1) In the definition of "instrument", in paragraph (h), after
"indictment," insert --
" prosecution notice, ".
93. Nurses Act 1992
s. 80(3) Delete "complaint" and insert instead --
" prosecution notice ".
page 101
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Schedule 2 Amendments to change terminology
s. 81(2) Delete "complainant" in the 2 places it occurs and in each
place insert instead --
" prosecutor ".
94. Occupational Safety and Health Act 1984
s. 53 Delete "complaint" and insert instead --
" charge ".
95. Occupational Therapists Registration Act 1980
s. 42(3) Delete "complaint" and insert instead --
" prosecution notice ".
s. 42(8) Delete "complainant" in the 2 places it occurs and in each
place insert instead --
" prosecutor ".
96. Official Prosecutions (Defendants' Costs) Act 1973
s. 4(1) In the definition of "official prosecution", delete "on a
complaint".
s. 4(2)(b)(ii) Delete "on the same complaint" and insert instead --
" in the one prosecution notice ".
97. Optometrists Act 1940
s. 18 Delete "complaint, information" and insert instead --
" prosecution ".
98. Painters' Registration Act 1961
s. 20(2) Repeal the subsection and insert instead --
"
(2) A prosecution for an offence against this Act
must be commenced within 18 months after the
date on which the offence was allegedly
committed.
".
s. 26A(2) Delete "complainant" in the 2 places it occurs and in each
place insert instead --
" prosecutor ".
page 102
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to change terminology Schedule 2
s. 26B Delete "complaint for" and insert instead --
" charge of ".
99. Pawnbrokers and Second-hand Dealers Act 1994
s. 90(3)(b) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
100. Pearling Act 1990
s. 52(2) Repeal the subsection and insert instead --
"
(2) A prosecution for an offence against this Act
must be commenced within 12 months after the
date on which the offence was allegedly
committed.
".
s. 53(1) Delete "complaint" and insert instead --
" charge ".
101. Perth Market Act 1926
s. 13B(1) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
102. Perth Parking Management Act 1999
s. 19(2)(c) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
page 103
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Schedule 2 Amendments to change terminology
103. Petroleum Products Pricing Act 1983
s. 31 Repeal the section and insert instead --
"
31. Limitation period for prosecutions
A prosecution for an offence against this Act
must be commenced within 12 months after the
date on which the offence was allegedly
committed.
".
s. 31C(1)(b) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
104. Petroleum Safety Act 1999
s. 84(1) Delete "complaint" and insert instead --
" charge ".
105. Pharmacy Act 1964
s. 42(1) Delete "complaint, information" and insert instead --
" prosecution ".
106. Pig Industry Compensation Act 1942
s. 14(2a) Repeal the subsection and insert instead --
"
(2a) A prosecution for an offence against this Act
must be commenced within 12 months after the
date on which the offence was allegedly
committed.
".
107. Planning and Development Act 2004
s. 233(1)(c) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
page 104
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to change terminology Schedule 2
108. Plant Diseases Act 1914
s. 35(3)(b) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
s. 35A(2) Delete "complainant" in the 2 places it occurs and in each
place insert instead --
" prosecutor ".
s. 36 Delete "complaint" and insert instead --
" prosecution notice ".
109. Podiatrists Registration Act 1984
s. 41(3) Delete "complaint" and insert instead --
" prosecution notice ".
s. 41(8) Delete "complainant" in the 2 places it occurs and in each
place insert instead --
" prosecutor ".
110. Poisons Act 1964
s. 55A(1) Delete "by a complaint made" and insert instead --
" on an application supported by evidence ".
s. 60(1)(a) Delete "complainant" and insert instead --
" prosecutor ".
111. Police Act 1892
s. 16(2) In each provision, delete "complaint" and insert instead --
s. 16A(2) " charge ".
s. 45 Delete "information" and insert instead --
" indictment ".
s. 74 In each provision, delete "information" and insert instead --
s. 98 " charge ".
s. 101 Delete "on the complaint of any such Justice, or constable,
forfeit and pay a sum" and insert instead --
" be liable to a fine ".
page 105
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Schedule 2 Amendments to change terminology
s. 125 Delete "lodge any information before any Justice" and insert
instead --
" commence a prosecution ".
Delete "such Justice" and insert instead --
" a court ".
Delete "information" and insert instead --
" prosecution ".
s. 133 Delete "the complaint or information" and insert instead --
" a charge ".
Delete "information or complaint" and insert instead --
" charge ".
Delete "informed or complained against" and insert instead --
" charged ".
112. Port Authorities Act 1999
s. 120(3) Delete "complaint" in the 2 places it occurs and in each place
insert instead --
" prosecution notice ".
s. 125(1)(b) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
113. Prisoners (Interstate Transfer) Act 1983
s. 13(b) Delete "or complaint".
s. 18(b) Delete "complaint or information alleging any offence by the
person" and insert instead --
" charge against the person of an offence ".
s. 21(2) Delete "a complaint or information alleging an offence by a
person" and insert instead --
" a charge against a person of an offence ".
s. 21(2)(b) Delete "complaint or information" and insert instead --
" charge ".
page 106
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to change terminology Schedule 2
114. Prisons Act 1981
s. 32(2) Delete "lay a complaint of " and insert instead --
"
commence a prosecution in a court of summary
jurisdiction for
".
115. Prostitution Act 2000
s. 55(1) Repeal the subsection and insert instead --
"
(1) A prosecution for an offence under this Act can
only be commenced by a police officer.
".
116. Psychologists Registration Act 1976
s. 55(3) Delete "complaint" and insert instead --
" prosecution notice ".
s. 55(8) Delete "complainant" in the 2 places it occurs and in each
place insert instead --
" prosecutor ".
117. Public Meetings and Processions Act 1984
s. 9(2) Delete "complaint" and insert instead --
" charge ".
Delete "complainant" and insert instead --
" prosecutor ".
118. Public Transport Authority Act 2003
s. 45(1)(b) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
page 107
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Schedule 2 Amendments to change terminology
s. 66(1) Delete "complaint of an offence under this Act can only be
made" and insert instead --
"
prosecution for an offence under this Act can only be
commenced
".
s. 66(2) Delete "make a complaint of " and insert instead --
" commence a prosecution for ".
s. 68 Delete "complaint" and insert instead --
" prosecution notice ".
119. Rail Safety Act 1998
s. 56(1) Repeal the subsection and insert instead --
"
(1) A prosecution for an offence against this Act
must be commenced within 2 years after the date
on which the offence was allegedly committed
or, with the written authority of the Attorney
General, at a later time within 3 years after the
date on which the offence was allegedly
committed.
".
s. 56(2) Delete "complaint of " and insert instead --
" prosecution for ".
120. Rates and Charges (Rebates and Deferments) Act 1992
s. 38(2) Repeal the subsection and insert instead --
"
(2) A prosecution for an offence under subsection (1)
must be commenced within 5 years after the date
on which the offence was allegedly committed.
".
page 108
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to change terminology Schedule 2
121. Real Estate and Business Agents Act 1978
s. 143(3) Delete "Without limiting the application of section 72 of the
Criminal Procedure (Summary) Act 1902 in relation to a
complaint for an offence against this Act, in any proceedings
for an offence against this Act an allegation in the complaint"
and insert instead --
" An allegation in a charge of an offence against this Act ".
122. Retail Trading Hours Act 1987
s. 14(15) Delete "prosecution of a complaint" and insert instead --
" charge ".
s. 39(d) Delete "complaint" and insert instead --
" charge ".
123. Road Traffic Act 1974
s. 15(3)(b) Delete "complaint for" and insert instead --
" charge of ".
s. 81F(2) Delete "on the complaint" and insert instead --
" in the charge ".
Delete "complainant" and insert instead --
" prosecutor ".
s. 98(1) In each provision, delete "complaint" and insert instead --
s. 98(1a) " prosecution notice ".
s. 98(3)(a)
s. 98(4)
s. 98(5) Repeal the subsection and insert instead --
"
(5) If, in a prosecution notice for an offence against
this Act, the name of the accused is that given by
the alleged offender at the time of, or
immediately following, the occurrence giving
rise to the charge, there is a presumption,
rebuttable by evidence to the contrary, that the
accused is the alleged offender.
".
page 109
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Schedule 2 Amendments to change terminology
s. 100(1) Delete "complaints" in the 2 places it occurs and in each place
insert instead --
" charges ".
s. 102(1) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
s. 107(4) Repeal the subsection and insert instead --
"
(4) A prosecution for an offence under section 24,
49(1)(a), 53 or 97 must be commenced within
2 years after the date on which the offence was
allegedly committed.
".
124. Road Traffic Amendment Act (No. 2) 1987
s. 11 In the proposed section 89(3) of the Road Traffic Act 1974,
delete "complaint of an offence under this section has been
made" and insert instead --
"
prosecution for an offence under this section has been
commenced
".
Delete "by whom the complaint was made" and insert
instead --
" who commenced the prosecution ".
Delete "complaint is" and insert instead --
" charge is ".
125. Road Traffic Amendment Act 2000
s. 32 In the proposed section 58(5) of the Road Traffic Act 1974,
delete "On a complaint charging a person" and insert
instead --
" If a person is charged ".
s. 44 In the proposed section 102C(4) of the Road Traffic Act 1974,
delete "On a complaint charging a person" and insert
instead --
" If a person is charged ".
page 110
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to change terminology Schedule 2
126. Rottnest Island Authority Act 1987
s. 42(2) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
127. Sale of Land Act 1970
s. 19B(5) Delete "complaint for" and insert instead --
" charge of ".
128. School Education Act 1999
s. 9(3) Delete "complaint of an offence against subsection (2) is not
to be made" and insert instead --
"
prosecution for an offence against subsection (2) is not
to be commenced
".
s. 41(1) Delete "complaint of an offence against section 38 is not to be
made" and insert instead --
"
prosecution for an offence against section 38 is not to be
commenced
".
s. 41(2) Delete "make a complaint" and insert instead --
" commence a prosecution ".
Delete "making a complaint" and insert instead --
" commencing a prosecution ".
s. 42(1) Delete "complaint of an offence against section 38(1) or 38(2)
is not to be made" and insert instead --
"
prosecution for an offence against section 38(1) or 38(2)
is not to be commenced
".
s. 44 Delete "complaint" and insert instead --
" charge ".
page 111
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Schedule 2 Amendments to change terminology
s. 45(2) In each provision, delete "make a complaint" and insert
s. 243(3) instead --
" commence ".
s. 243(2) Delete "complaint" and insert instead --
" prosecution notice ".
129. Securities Industry Act 1975
s. 77(1) Delete "of the complaint" in the 3 places it occurs and in each
place insert instead --
" on which the prosecution was commenced ".
130. Seeds Act 1981
s. 18(2) Delete "There shall be served with the summons issued upon
complaint of an offence" and insert instead --
"
On being charged with an offence against this Act, a
person shall be served with
".
Delete "summons." and insert instead --
" prosecution notice. ".
s. 23(2) Delete "complaint" and insert instead --
" application ".
131. Settlement Agents Act 1981
s. 121(3) Delete "Without limiting the application of section 72 of the
Criminal Procedure (Summary) Act 1902 in relation to a
complaint for an offence against this Act, in any proceedings
for an offence against this Act an allegation in the complaint"
and insert instead --
" An allegation in a charge of an offence against this Act ".
132. Soil and Land Conservation Act 1945
s. 45(1) Delete "complaint, information" and insert instead --
" prosecution ".
Delete "made, laid and taken" and insert instead --
" commenced ".
page 112
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to change terminology Schedule 2
133. Spear-guns Control Act 1955
s. 6 Delete "complaint" and insert instead --
" charge ".
134. Spent Convictions Act 1988
ong title Delete "complaint or indictment" and insert instead --
" charge ".
135. Suitors' Fund Act 1964
s. 14(1)(b) Delete "complaint" and insert instead --
" summarily ".
136. Swan River Trust Act 1988
s. 64(5)(b) Delete "complaint made" and insert instead --
" an application supported by evidence ".
s. 65(1) Delete "A complaint for an offence against this Act may be
made and prosecuted by -- " and insert instead --
"
A prosecution for an offence against this Act may be
commenced and conducted by --
".
s. 65(3) Delete "complaint" and insert instead --
" charge ".
s. 67(2) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
137. Taxation Administration Act 2003
s. 100(1) Delete "by a complaint" and insert instead --
" on an application supported by evidence ".
s. 112(2) Delete "complaint" and insert instead --
" prosecution notice ".
Delete "complaint is laid" and insert instead --
" prosecution is commenced ".
page 113
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Schedule 2 Amendments to change terminology
s. 123 Delete "complaint" in the 3 places it occurs and in each place
insert instead --
" charge ".
138. Taxi Act 1994
s. 33 Delete "complaint" and insert instead --
" charge ".
s. 39(2)(b) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
139. Transport Co-ordination Act 1966
s. 33(6) In each provision, delete "complaint" and insert instead --
s. 51 " charge ".
s. 58A(3)(b) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
140. Travel Agents Act 1985
s. 55 Repeal the section and insert instead --
"
55. Limitation period for prosecutions
A prosecution for an offence against this Act
must be commenced within 12 months after the
date on which the Commissioner first becomes
aware of the commission of the alleged offence.
".
141. University of Western Australia Act 1911
s. 16A(7) Delete "complaint" and insert instead --
" charge ".
s. 16A(9) Delete "A complaint for" and insert instead --
" An allegation of ".
Delete "brought, heard and determined" and insert instead --
" dealt with ".
page 114
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to change terminology Schedule 2
142. Valuation of Land Act 1978
s. 47 Delete "complaint" and insert instead --
" prosecution ".
Delete "laid" and insert instead --
" instituted ".
Delete "lay complaints" and insert instead --
" institute prosecutions ".
143. Veterinary Preparations and Animal Feeding Stuffs Act 1976
s. 44(1) Delete "no complaint" and insert instead --
" no prosecution for an offence ".
Delete "be made" and insert instead --
" be commenced ".
Delete "Justice before whom the complaint is made" and insert
instead --
" person before whom the prosecution notice is signed ".
Delete "make the complaint" and insert instead --
" commence the prosecution ".
s. 44(2) Delete "making of a complaint" and insert instead --
" commencement of a prosecution ".
s. 49(1) Delete ", complainant".
After "defendant" insert --
" or accused ".
s. 50 Delete "have the complaint dismissed or prevent his
conviction" and insert instead --
" be acquitted ".
s. 61(5) Delete "complainant or".
144. Veterinary Surgeons Act 1960
s. 27(1)(c) Delete "make a complaint" and insert instead --
" commence a prosecution ".
page 115
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Schedule 2 Amendments to change terminology
145. Vexatious Proceedings Restriction Act 2002
s. 3 In the definition of "institute proceedings", delete "laying of a
complaint" and insert instead --
" commencement of a prosecution ".
146. Water Agencies (Powers) Act 1984
s. 103(2) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
147. Water Boards Act 1904
s. 154(2) Repeal the subsection.
s. 162(2) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
148. Waterways Conservation Act 1976
s. 71(2) Delete "A complaint for an offence against this Act may be
made and prosecuted by --" and insert instead --
"
A prosecution for an offence against this Act may be
commenced and conducted by --
".
s. 75(1)(c) Delete "make a complaint" and insert instead --
" commence a prosecution ".
s. 75(2) Delete "complaint" and insert instead --
" charge ".
s. 75(5) Delete "or served" and insert instead --
" to or served on a party to the proceedings ".
Delete "defendant" and insert instead --
" party ".
page 116
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to change terminology Schedule 2
149. Weights and Measures Act 1915
s. 27G(11) In each provision, delete "complainant" in each place it occurs
s. 27L(6) and in each place insert instead --
s. 27M(1) " prosecutor ".
s. 47(2)
s. 40(4) Delete "on complaint".
s. 40(5) Delete "complainant" and insert instead --
" person instituting the prosecution ".
s. 48 Delete "an information is laid" and insert instead --
" a prosecution is commenced ".
s. 49 Delete "defendant" and insert instead --
" the accused ".
150. Western Australian College of Teaching Act 2004
s. 84(3) Delete "complaint" and insert instead --
" prosecution notice ".
s. 84(4) Delete "make a complaint" and insert instead --
" commence ".
151. Western Australian Marine Act 1982
s. 125A Repeal the section and insert instead --
"
125A. Limitation period for prosecutions
A prosecution for an offence against this Act or
any subsidiary legislation under this Act must be
commenced within 3 years after the date on
which the offence was allegedly committed.
".
s. 129 In each provision, delete "complaint" and insert instead --
s. 130 " charge ".
s. 132(1) Delete "have a complaint of that offence heard and determined
by" and insert instead --
" be prosecuted for the alleged offence in ".
page 117
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Schedule 2 Amendments to change terminology
152. Western Australian Sports Centre Trust Act 1986
s. 18C(3)(b)(ii) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
153. Western Australian Trotting Association Act 1946
s. 9(3) Delete "complaint" and insert instead --
" charge ".
154. The Western Australian Turf Club Act 1892
s. 22 Delete "proceed with all convenient dispatch to the hearing of
the complaint against the offender" and insert instead --
" deal with the offender according to law ".
155. White Phosphorus Matches Prohibition Act 1912
s. 5 Delete "complaint to" and insert instead --
" being charged before ".
156. Wildlife Conservation Act 1950
s. 20(3)(a) Delete "complaint made" and insert instead --
" an application supported by evidence ".
s. 20(3)(c) Delete "make a complaint on oath before a justice of the peace
alleging that in his opinion there had been no reasonable
grounds for the exercise of that power, and thereupon the
justice shall cause the matter to be inquired into and shall
make his findings known to the complainant" and insert
instead --
"
apply to the Magistrates Court for a review of the
exercise of that power on the grounds there were no
reasonable grounds for its exercise and the court shall
inquire into the matter and make its findings known to
the applicant
".
page 118
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Amendments to change terminology Schedule 2
s. 26A Repeal the section and insert instead --
"
26A. Limitation period for prosecutions
A prosecution for an offence against this Act
must be commenced within 2 years after the date
on which the offence was allegedly committed.
".
s. 27(2) Delete "complainant, defendant" and insert instead --
" prosecutor, accused ".
s. 27D Repeal the section and insert instead --
"
27D. Presumption as to identity
If, in a prosecution notice for an offence against
this Act, the name of the accused is that given by
the alleged offender at the time of, or
immediately following, the occurrence giving
rise to the charge, there is a presumption,
rebuttable by evidence to the contrary, that the
accused is the alleged offender.
".
157. Workers' Compensation and Rehabilitation Act 1981
s. 115(1)(d) Delete "complaints under" and insert instead --
" the matters referred to in ".
s. 170(3) Repeal the subsection and insert instead --
"
(3) A prosecution for an offence under this section
must be commenced within 2 years after the date
on which the offence was allegedly committed.
".
s. 188A(1) Delete "complaints for" and insert instead --
" charges of ".
158. Workers' Compensation and Injury Management Act 1981
s. 175H(2)(c) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
page 119
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Schedule 2 Amendments to change terminology
s. 188B(3) Delete "complaint" in the 2 places it occurs and in each place
insert instead --
" prosecution notice ".
159. Young Offenders Act 1994
s. 33(2) Delete "before which a complaint of the offence is made, upon
being satisfied that the person has complied with the terms, is
to dismiss the complaint." and insert instead --
"
hearing a charge of the offence, upon being satisfied
that the person has complied with the terms, must
dismiss the charge without determining it.
".
s. 42(4) Repeal the subsection and insert instead --
"
(4) If a copy of a notice to attend court issued to a
person under this section is lodged with a court, the
notice is to be taken to be a prosecution notice
charging the person with the alleged offence
described.
".
s. 175 Delete "that a complaint of the offence be laid before a court"
and insert instead --
"
to commence a prosecution in a court of summary
jurisdiction for the detention offence
".
s. 186(1) Delete "complaint" and insert instead --
" a prosecution notice ".
s. 186(2) Delete "lay the complaint" and insert instead --
" commence the prosecution ".
160. Zoological Parks Authority Act 2001
s. 43(3)(b) Delete "have a complaint of the alleged offence heard and
determined by" and insert instead --
" be prosecuted for the alleged offence in ".
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