Western Australian Current Acts Western Australian Current Acts (1) In this Act,
unless the contrary intention appears —
adult means a person who has reached 18 years of
age and in respect of whom there are no reasonable grounds to suspect that he
or she is an incapable person;
child means a person who is under 18 years of age
and in respect of whom there are no reasonable grounds to suspect that he or
she is an incapable person;
corresponding law has the meaning given by
section 87;
DNA database has the meaning given by section 76;
forensic database has the meaning given by
section 61;
forensic purpose means —
(a)
investigating an offence or a suspected offence or offences generally; or
(b)
investigating the death of a person or identifying a deceased person; or
(c)
investigating the whereabouts of or identifying a missing person;
identifying feature , in relation to a person,
means a permanent or semi-permanent physical feature of the person that helps
to identify the person;
Example for this definition:
The face, iris or
retina of a person or a birthmark, scar or tattoo on a person.
identifying information has the meaning given by
section 61;
identifying particular has the meaning given by
section 11(1), 17, 23, 34, 47, 52A or 61, as the case requires;
identifying procedure means a procedure in the
course of which —
(a) one
or more identifying particulars of a person are obtained from the person; and
(b) if
practicable, the person’s personal details are obtained;
impression includes a cast;
incapable person means a person of any age —
(a) who
is unable by reason of a mental disability (which term includes intellectual
disability, a psychiatric condition, an acquired brain injury and dementia) to
understand the general nature and effect of, and the reason for and the
consequences of undergoing, an identifying procedure; or
(b) who
is unconscious or otherwise unable to understand a request made or information
given under this Act or to communicate whether or not he or she consents to an
identifying procedure being done on him or her;
intimate identifying procedure , in relation to a
person, means —
(a) an
identifying procedure that is done on the person’s private parts; or
(b) the
taking of a dental impression of the person; or
(c) the
taking of a sample of the person’s blood; or
(d) the
taking of a sample of any bodily material of the person, other than the
person’s blood, by means of a procedure that is prescribed by the
regulations to be an intimate identifying procedure;
IP warrant (involved protected person) means a
warrant issued under section 33;
IP warrant (suspect) means a warrant issued under
section 46;
JP means Justice of the Peace;
non-intimate identifying procedure , in relation
to a person, means an identifying procedure that is done on the person that is
not an intimate identifying procedure, and includes the taking of a buccal
swab from the person;
offence means an offence under a written law but
does not include a contempt of court;
officer means a police officer or a public officer
or both, as the case requires;
official details means —
(a) in
respect of a police officer — the officer’s surname and rank and
includes, in relation to an application by the officer under this Act for a
warrant, the officer’s registered number;
(b) in
respect of a public officer — the officer’s full name and official
title;
participating jurisdiction has the meaning given
by section 87;
personal details , in relation to a person, has
the meaning given by section 16(1);
photograph includes a video recording and a
digital image;
private parts , in relation to a person, means the
person’s genital area, anal area and buttocks and, in the case of
—
(a) a
female; or
(b) a
male undergoing a reassignment procedure within the meaning of the
Gender Reassignment Act 2000 ,
includes the person’s breasts;
protected person means a person who is a child or
an incapable person;
Public Advocate has the meaning given by the
Guardianship and Administration Act 1990 ;
public officer means a person, other than a police
officer, appointed under a written law to an office that is prescribed under
section 5(1);
reasonably suspects has the meaning given by
section 4;
remote communication means any way of
communicating at a distance including by telephone, fax, email and radio;
responsible person , in relation to a child, means
—
(a) a
parent of the child; or
(b) a
guardian of the child; or
(c)
another person who has responsibility for the day-to-day care of the child; or
(d) if
no person mentioned in another paragraph of this definition is available
— a person, or a person in a class of persons, prescribed by the
regulations;
responsible person , in relation to an incapable
person, means —
(a) the
spouse or de facto partner of the incapable person; or
(b) a
parent of the incapable person; or
(c) if
the incapable person is under 18 years of age — a guardian of the
incapable person; or
(d) if
the incapable person has reached 18 years of age — the Public Advocate
or a guardian of the incapable person appointed under the
Guardianship and Administration Act 1990 ; or
(e)
another person who has responsibility for the day-to-day care of the incapable
person; or
(f) if
no person mentioned in another paragraph of this definition is available
— a person, or a person in a class of persons, prescribed by the
regulations;
senior officer means —
(a) a
police officer who is, or is acting as, a sergeant or an officer of a rank
more senior than a sergeant;
(b) a
public officer who is prescribed by the regulations to be a senior officer for
the purpose of this Act;
serious offence means an offence the statutory
penalty for which is or includes life imprisonment or imprisonment for 12
months or more;
statutory penalty , in relation to an offence,
means the penalty specified by a written law for the offence;
volunteer has the meaning given by section 17;
WA Police means the Police Force of Western
Australia provided for by the Police Act 1892 .
(2) For the purposes
of this Act a person is charged with an offence when —
(a) the
officer investigating the offence informs the person that he or she will be
charged with the offence, whether or not at that time the officer has
commenced a prosecution of the offence; or
(b) a
prosecution of the offence is commenced against the person,
whichever happens
first.
(3) Examples prefaced
by “ For example :” in this Act do not form part of it and are
provided to assist understanding.
[Section 3 amended: No. 28 of 2003 s. 38; No. 84
of 2004 s. 80; No. 29 of 2008 s. 28; No. 42 of 2009 s. 16(2); No. 22 of 2013
s. 4; No. 17 of 2014 s. 6.]
[Section 3. Modifications to be applied in order
to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009.
See endnote 1M.]