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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Acts Amendment (Assaults on Police Officers) Bill 2008 CONTENTS Part 1 -- Preliminary matters 1. Short title 2 2. Commencement 2 Part 2 -- The Criminal Code amended 3. The Criminal Code amended in this Part 3 4. Section 297 amended 3 5. Section 318 amended 4 Part 3 -- Sentencing Act 1995 amended 6. The Sentencing Act 1995 amended in this Part 5 7. Section 39 amended 5 267--1 page i Western Australia LEGISLATIVE ASSEMBLY (Introduced by Mr Johnson, MLA) Acts Amendment (Assaults on Police Officers) Bill 2008 A Bill for An Act to amend the The Criminal Code and the Sentencing Act 1995. The Parliament of Western Australia enacts as follows: page 1 Acts Amendment (Assaults on Police Officers) Bill 2008 Part 1 Preliminary matters s. 1 Part 1 -- Preliminary matters 1. Short title This Act may be cited as the Acts Amendment (Assaults on Police Officers) Act 2008. 5 2. Commencement This Act comes into operation on the day on which it receives the Royal Assent. page 2 Acts Amendment (Assaults on Police Officers) Bill 2008 The Criminal Code amended Part 2 s. 3 Part 2 -- The Criminal Code amended 3. The Criminal Code amended in this Part The amendments in this Part are to The Criminal Code*. [* Reprint 12 as at 1 June 2005 (see the schedule to the 5 Criminal Code Act 1913 appearing as Appendix B to the Criminal Code Act Compilation Act 1913). For subsequent amendments see Western Australian Legislation Information Tables for 2005, Table, p. 112 and Act No. 3 of 2006.] 10 4. Section 297 amended (1) Section 297 is amended as follows -- (a) by inserting before "Any person" the subsection designation "(1)"; (b) by inserting before "If the offence is committed in the" 15 the subsection designation "(2)"; (c) by inserting before "If the offence is committed in circumstances" the subsection designation "(3)". (2) At the end of section 297 the following new subsection is inserted -- 20 " (4) If the offence is committed upon -- (a) public officer who is performing a function of his office or employment or on account of his performance of such a function; or 25 (b) any person who is performing a function of a public nature conferred on him by law or on account of his performance of such a function; or page 3 Acts Amendment (Assaults on Police Officers) Bill 2008 Part 2 The Criminal Code amended s. 5 (c) any person who is acting in aid of a public officer or other person referred to in paragraph (a) or (b) or on account of his having so acted, the offender is liable to imprisonment for 14 years, and, 5 a court sentencing such an offender shall impose a term of immediate imprisonment of not less than twelve months. ". 5. Section 318 amended 10 (1) Section 318 is amended as follows -- (a) by inserting after "is guilty of a crime and is liable to imprisonment for 10 years." the following new paragraph -- " 15 Where the person assaulted has suffered bodily harm, the offender shall be sentenced to a term of immediate imprisonment of not less than 9 months. "; 20 (b) by inserting after "Summary conviction penalty: imprisonment and a fine of $36,000" the following -- " , and notwithstanding the provisions of the Sentencing Act 1995, where the person 25 assaulted has suffered bodily harm the offender shall be sentenced to a term of immediate imprisonment of not less than 3 months ". page 4 Acts Amendment (Assaults on Police Officers) Bill 2008 The Criminal Code amended Part 3 s. 6 Part 3 -- Sentencing Act 1995 amended 6. The Sentencing Act 1995 amended in this Part The amendment in this Part is to the Sentencing Act 1995*. [* Reprint 4 as at 12 August 2005. 5 For subsequent amendments see Western Australian Legislation Information Tables for 2005, Table 1, p. 411-12 and Act No. 27 of 2004.] 7. Section 39 amended Section 39 is amended by inserting after subsection (8) the 10 following -- " (9) A court sentencing an offender for an offence under section 318 of The Criminal Code shall not make a Spent Conviction Order. 15 ".
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