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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE COUNCIL
Acts Amendment (Criminal Procedure)
Bill 1998
A Bill for
An Act to amend --
• The Criminal Code; and
• the Justices Act 1902,
and various other Acts as a consequence.
The Parliament of Western Australia enacts as follows:
page 1
38--1
Acts Amendment (Criminal Procedure) Bill 1998
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Acts Amendment (Criminal
Procedure) Act 1998.
5 2. Commencement
This Act comes into operation on such day as is fixed by
proclamation.
page 2
Acts Amendment (Criminal Procedure) Bill 1998
The Criminal Code Part 2
s. 3
Part 2 -- The Criminal Code
3. Section 133A inserted
After section 133 of The Criminal Code* the following section
is inserted --
5 "
133A. Making false complaint
Any person who knowingly makes or swears a
complaint under the Justices Act 1902 which, in any
material particular, is to his knowledge false, is guilty
10 of a crime and is liable to imprisonment for 7 years.
".
[* Reprinted as at 21 April 1997 as the Schedule to the Criminal
Code Act 1913 appearing in Appendix B to the Criminal
Code Compilation Act 1913.
15 For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 58, and Acts Nos 15, 29 and 38
of 1998.]
page 3
Acts Amendment (Criminal Procedure) Bill 1998
Part 3 Justices Act 1902
s. 4
Part 3 -- Justices Act 1902
4. The Act amended by this Part
The amendments in this Part are to the Justices Act 1902*.
[* Reprinted as at 4 June 1997.
5 For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 122 and Act No. 29 of 1998.]
5. Section 54 amended
Section 54(d)(ii) is amended by deleting "and 136" and
inserting instead --
10 " , 136 and 136AA ".
6. Section 135 amended
(1) Section 135(2) is repealed.
(2) Section 135(2a) is repealed.
7. Section 136AA inserted
15 After section 136 the following section is inserted --
"
136AA. Absence of defendant: court may convict
(1) If --
(a) a complaint has been made or sworn by a
20 person who is a public officer acting in the
course of the officer's duties; and
page 4
Acts Amendment (Criminal Procedure) Bill 1998
Justices Act 1902 Part 3
s. 7
(b) the court, under section 135(1)(a), 135(1a)(a) or
136(5)(b)(i), proceeds to hear and determine the
complaint in the absence of the defendant,
the court in doing so may take as proved any allegation
5 in the summons served on the defendant in relation to
the complaint.
(2) For the purposes of this section, if a complaint is made
or sworn by a person who in the complaint purports to
be a public officer, it shall be presumed, in the absence
10 of evidence to the contrary --
(a) that the person is such an officer;
(b) that the complaint was made or sworn by the
person acting in the course of his or her duties
as such an officer; and
15 (c) that the person had the authority to make or
swear the complaint.
(3) In this section --
"public officer" has the same definition as in section 1
of The Criminal Code.
20 ".
page 5
Acts Amendment (Criminal Procedure) Bill 1998
Part 4 Other Acts amended
s. 8
Part 4 -- Other Acts amended
8. Explosives and Dangerous Goods Act 1961
Sections 61A and 61B of the Explosives and Dangerous Goods
Act 1961 are repealed.
5 9. Taxi Act 1994
Sections 34 and 35 of the Taxi Act 1994 are repealed.
10. Transport Co-ordination Act 1966
Sections 56A and 56B of the Transport Co-ordination Act 1966
are repealed.
10
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