Western Australian Current Acts Western Australian Current Acts (1) When a police
officer or an authorised CCC officer exercises any of their powers under
section 73 or under a warrant under section 74, the officer may do any or all
of the following —
(a)
seize and detain any documents found in the course of exercising those powers
if there are reasonable grounds for suspecting that they are property-tracking
documents;
(b) take
extracts from or make copies of, or download or print out, any
property-tracking documents found in the course of exercising those powers;
(c)
require a person who has control of any property-tracking documents found in
the course of exercising those powers to make copies of, or download or print
out, any property-tracking documents found in the course of exercising those
powers;
(d)
require a person to give to the officer any information within the
person’s knowledge or control that is relevant to locating property that
is reasonably suspected of being confiscable;
(e)
require a person to give to the officer any information within the
person’s knowledge or control that is relevant to determining whether or
not property is confiscable;
(f)
require a person to give the officer, or arrange for the officer to be given,
any translation, codes, passwords or other information necessary to gain
access to or to interpret and understand any property-tracking documents or
information located or obtained in the course of exercising the
officer’s powers under the warrant.
(2) A person who,
without lawful excuse, contravenes a requirement commits an offence.
Penalty: $100 000 or imprisonment for 5 years, or
both.
(3) Without limiting
subsection (2), a person contravenes a requirement if the person —
(a) does
not disclose material information of which the person had knowledge, or gives
false information or a false document, in purported compliance with the
requirement; and
(b) was
aware, or could reasonably have been expected to have been aware, that the
information was material, or that the information or document was false.
(4) A person is not
excused from complying with a requirement on the grounds that complying with
it would tend to incriminate the person or render him or her liable to a
penalty, but any information given in compliance with the requirement is not
admissible in evidence in proceedings against the person for any offence
except an offence under subsection (2).
[Section 76 amended: No. 10 of 2018 s. 62.]