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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Criminal Appeals Amendment (Double Jeopardy) Bill 2011 CONTENTS Part 1 -- Preliminary matters 1. Short title 2 2. Commencement 2 Part 2 -- Criminal Appeals Act 2004 amended 3. Act amended 3 4. Part 5A inserted 3 Part 5A -- Prosecuting acquitted accused 46A. Terms used 3 46B. Term used: acquitted accused 5 46C. Criminal investigations of acquitted accused that need authorised officer's authority 5 46D. Charges against acquitted accused that need leave 7 46E. Applying for leave for new charge 8 46F. Procedure on leave applications 9 46G. Hearing leave applications 9 46H. Deciding leave applications 10 46I. Meaning of fresh and compelling evidence 12 46J. Meaning of tainted acquittal 13 46K. Interests of justice, matters to be considered 13 46L. Restrictions on publicity 14 46M. Leave for new charge, effect of 15 5A. Section 52 inserted 17 52. Double jeopardy amendments to be reviewed 17 224--2 page i Criminal Appeals Amendment (Double Jeopardy) Bill 2011 Contents Part 3 -- Other Acts amended 5. Criminal Code amended 19 6. Criminal Investigation Act 2006 amended 19 8A. Authority required for some investigations 19 7. Criminal Investigation (Extra-territorial Offences) Act 1987 amended 19 3A. Authority required for some investigations 20 8. Criminal Investigation (Identifying People) Act 2002 amended 20 12A. Authority required for some investigations 20 9. Misuse of Drugs Act 1981 amended 20 5A. Authority required for some investigations 20 10. Surveillance Devices Act 1998 amended 20 4AA. Authority required for some investigations 21 11. Telecommunications (Interception and Access) Western Australia Act 1996 amended 21 4A. Authority required for some investigations 21 page ii Western Australia LEGISLATIVE COUNCIL (As amended in Committee) Criminal Appeals Amendment (Double Jeopardy) Bill 2011 A Bill for An Act to amend the Criminal Appeals Act 2004 and, as a consequence, various other Acts, and for related matters. The Parliament of Western Australia enacts as follows: page 1 Criminal Appeals Amendment (Double Jeopardy) Bill 2011 Part 1 Preliminary matters s. 1 1 Part 1 -- Preliminary matters 2 1. Short title 3 This is the Criminal Appeals Amendment (Double 4 Jeopardy) Act 2011. 5 2. Commencement 6 This Act comes into operation as follows -- 7 (a) Part 1 -- on the day on which this Act receives the 8 Royal Assent; 9 (b) the rest of the Act -- on a day fixed by proclamation, 10 and different days may be fixed for different provisions. page 2 Criminal Appeals Amendment (Double Jeopardy) Bill 2011 Criminal Appeals Act 2004 amended Part 2 s. 3 1 Part 2 -- Criminal Appeals Act 2004 amended 2 3. Act amended 3 This Part amends the Criminal Appeals Act 2004. 4 4. Part 5A inserted 5 After Part 4 insert: 6 7 Part 5A -- Prosecuting acquitted accused 8 46A. Terms used 9 (1) In this Part, unless the contrary intention appears -- 10 acquitted accused has the meaning given in 11 section 46B(1); 12 AOJ offence means -- 13 (a) an administration of justice offence listed in 14 subsection (2); or 15 (b) an offence under the law of a place outside this 16 State that is substantially similar to an 17 administration of justice offence listed in 18 subsection (2); 19 authorised officer means -- 20 (a) the Attorney General; or 21 (b) the Solicitor-General; or 22 (c) the State Solicitor; or 23 (d) the DPP; or 24 (e) the Director of Public Prosecutions appointed 25 under the Director of Public Prosecutions 26 Act 1983 (Commonwealth); 27 charge A, in relation to an acquitted accused, has the 28 meaning given in section 46B(1); page 3 Criminal Appeals Amendment (Double Jeopardy) Bill 2011 Part 2 Criminal Appeals Act 2004 amended s. 4 1 leave application means an application for leave made 2 under section 46E; 3 new charge, in relation to an acquitted accused, has the 4 meaning given in section 46E(1); 5 offence A, in relation to an acquitted accused, has the 6 meaning given in section 46B(1); 7 serious offence means an indictable offence the 8 statutory penalty for which is -- 9 (a) life imprisonment; or 10 (b) imprisonment for 14 years or more; 11 trial A, in relation to an acquitted accused, has the 12 meaning given in section 46B(1). 13 (2) For the purposes of this Part, an offence under a section 14 of The Criminal Code listed in the Table is an 15 administration of justice offence. 16 Table Section Description of offence s. 82 Bribery of public officer s. 121 Judicial corruption s. 122 Official corruption not judicial but relating to offences s. 123 Corrupting or threatening jurors s. 124 Perjury s. 129 Fabricating evidence s. 130 Corruption of witnesses s. 131 Deceiving witnesses s. 132 Destroying evidence s. 133 Preventing witnesses from attending s. 135 Conspiring to defeat justice s. 136 Compounding or concealing offences s. 143 Attempting to pervert course of justice page 4 Criminal Appeals Amendment (Double Jeopardy) Bill 2011 Criminal Appeals Act 2004 amended Part 2 s. 4 1 46B. Term used: acquitted accused 2 (1) For the purposes of this Part a person is an acquitted 3 accused if the person, in this State or elsewhere -- 4 (a) is tried on a charge (charge A) of a serious 5 offence (offence A); and 6 (b) at the trial (trial A), or on appeal from a 7 conviction in trial A, is acquitted, other than on 8 account of unsoundness of mind, of -- 9 (i) charge A; and 10 (ii) any other offence of which, on 11 charge A, the acquitted accused might 12 have been convicted instead of 13 offence A. 14 (2) For the purposes of subsection (1) it does not matter if 15 the acquittal occurred before or after the 16 commencement of this Part. 17 46C. Criminal investigations of acquitted accused that 18 need authorised officer's authority 19 (1) In this section -- 20 investigate, an offence, includes to exercise any power 21 under the common law, a written law or a law of the 22 Commonwealth for the purposes of obtaining evidence 23 as to the commission of the offence; 24 law enforcement officer means -- 25 (a) a police officer; or 26 (b) a person, other than a police officer, appointed 27 under a written law to an office on which the 28 common law, a written law or a law of the 29 Commonwealth confers powers to investigate 30 offences; page 5 Criminal Appeals Amendment (Double Jeopardy) Bill 2011 Part 2 Criminal Appeals Act 2004 amended s. 4 1 relevant offence means a serious offence, or an AOJ 2 offence, a charge of which may be subject to -- 3 (a) a defence under The Criminal Code section 17 4 on the ground that the accused has been 5 acquitted as described in that section, other than 6 on account of unsoundness of mind; or 7 (b) a requirement at law to permanently stay it 8 because it would be an abuse of process. 9 (2) A law enforcement officer, whether with or without an 10 acquitted accused's consent, must not investigate or 11 authorise another person to investigate whether the 12 acquitted accused may have committed a relevant 13 offence unless -- 14 (a) under subsection (4), an authorised officer, in 15 writing, has authorised the investigation; or 16 (b) the law enforcement officer believes on 17 reasonable grounds -- 18 (i) the investigation needs to be done 19 urgently in order to prevent it from 20 being substantially and irrevocably 21 prejudiced; and 22 (ii) it is not reasonably practicable in the 23 circumstances to obtain an authorised 24 officer's authorisation before doing the 25 investigation. 26 (3) If a law enforcement officer acts under 27 subsection (2)(b) -- 28 (a) the officer, as soon as it is practicable to do so, 29 must inform an authorised officer of -- 30 (i) the grounds for acting under that 31 provision; and 32 (ii) the action taken; 33 and page 6 Criminal Appeals Amendment (Double Jeopardy) Bill 2011 Criminal Appeals Act 2004 amended Part 2 s. 4 1 (b) the investigation of the relevant offence must 2 not continue unless, under subsection (4), an 3 authorised officer, in writing, has authorised the 4 investigation. 5 (4) An authorised officer must not authorise the 6 investigation of a relevant offence unless -- 7 (a) the officer is satisfied a charge of the offence 8 would not be subject to -- 9 (i) a defence under The Criminal Code 10 section 17 on the ground that the 11 accused has been acquitted as described 12 in that section, other than on account of 13 unsoundness of mind; or 14 (ii) a requirement at law to permanently 15 stay it because it would be an abuse of 16 process; 17 or 18 (b) the officer is satisfied -- 19 (i) there is, or the investigation is likely to 20 obtain, evidence to justify making an 21 application under this Part for leave to 22 charge the acquitted accused with the 23 relevant offence; and 24 (ii) it is in the public interest to investigate 25 the relevant offence. 26 46D. Charges against acquitted accused that need leave 27 A person cannot charge an acquitted accused with any 28 of these charges without the leave of the Court of 29 Appeal given under this Part -- 30 (a) a charge of a serious offence the details of 31 which are the same or substantially the same as 32 those in charge A; page 7 Criminal Appeals Amendment (Double Jeopardy) Bill 2011 Part 2 Criminal Appeals Act 2004 amended s. 4 1 (b) a charge of some other serious offence of 2 which, at trial A, the acquitted accused might 3 have been convicted instead of offence A; 4 (c) a charge of an AOJ offence allegedly 5 committed in or in connection with trial A. 6 46E. Applying for leave for new charge 7 (1) An authorised officer may apply to the Court of Appeal 8 for leave to charge an acquitted accused with a new 9 charge (the new charge) being one of these -- 10 (a) a charge of a serious offence the details of 11 which are the same or substantially the same as 12 those in charge A; 13 (b) a charge of some other serious offence of 14 which, at trial A, the acquitted accused might 15 have been convicted instead of offence A; 16 (c) a charge of an AOJ offence allegedly 17 committed in or in connection with trial A. 18 (2) An application cannot be made under subsection (1) 19 if -- 20 (a) the acquittal in trial A (as described in 21 section 46B(1)(b)) of the acquitted accused 22 occurred on a charge for which leave had been 23 given under this Part; and 24 (b) that leave was given because, under 25 section 46H(2)(c)(i), the Court of Appeal was 26 satisfied that fresh and compelling evidence 27 (within the meaning given by section 46I) 28 existed against the acquitted accused in relation 29 to the charge. 30 (3) An application made under subsection (1) may relate to 31 2 or more new charges. 32 (4) An application permitted by subsection (1) must be 33 made in accordance with this Part and rules of court. page 8 Criminal Appeals Amendment (Double Jeopardy) Bill 2011 Criminal Appeals Act 2004 amended Part 2 s. 4 1 (5) An application made under subsection (1) may be 2 made without giving notice of it to the acquitted 3 accused. 4 46F. Procedure on leave applications 5 (1) As soon as practicable after a leave application is 6 made, the Court of Appeal, unless it is satisfied the 7 application is an abuse of process, must -- 8 (a) issue a summons that requires the acquitted 9 accused to appear before the court; or 10 (b) issue an arrest warrant to have the acquitted 11 accused brought before the court. 12 (2) If the acquitted accused does not obey a summons 13 issued under subsection (1), the court must issue an 14 arrest warrant to have the accused brought before the 15 court. 16 (3) On being served with the summons or arrested (as the 17 case may be), the acquitted accused must be given a 18 copy of the leave application. 19 (4) When the acquitted accused appears or is brought 20 before the Court of Appeal, the court -- 21 (a) may make any order necessary in relation to 22 hearing the leave application; and 23 (b) subject to the Bail Act 1982, may order that the 24 accused be kept in custody until the hearing. 25 46G. Hearing leave applications 26 (1) The acquitted accused is entitled to be heard at the 27 hearing of a leave application. 28 (2) For the purpose of dealing with a leave application -- 29 (a) the Court of Appeal may exercise any power in 30 section 40 as if the application were an appeal; 31 and page 9 Criminal Appeals Amendment (Double Jeopardy) Bill 2011 Part 2 Criminal Appeals Act 2004 amended s. 4 1 (b) if the acquitted accused is in custody, 2 section 43 applies, with any necessary changes, 3 as if the application were an appeal. 4 (3) The Court of Appeal may deal with 2 or more leave 5 applications at one hearing if the new charges for 6 which leave is sought will or may be tried together. 7 (4) If the Court of Appeal is satisfied the acquitted accused 8 has received adequate notice of the hearing, the court 9 may hear a leave application in the absence of the 10 acquitted accused. 11 46H. Deciding leave applications 12 (1) On a leave application, the Court of Appeal may give 13 or refuse to give the applicant leave to charge the 14 acquitted accused with the new charge. 15 (2) If the new charge to which a leave application relates 16 is -- 17 (a) a charge of a serious offence the details of 18 which are the same or substantially the same as 19 those in charge A; or 20 (b) a charge of some other serious offence of 21 which, at trial A, the acquitted accused might 22 have been convicted instead of offence A, 23 but not a charge of an AOJ offence allegedly 24 committed in or in connection with trial A, the Court of 25 Appeal must not give leave unless -- 26 (c) the Court of Appeal is satisfied on the balance 27 of probabilities -- 28 (i) there is fresh and compelling evidence 29 (within the meaning given by 30 section 46I) against the acquitted 31 accused in relation to the new charge; or page 10 Criminal Appeals Amendment (Double Jeopardy) Bill 2011 Criminal Appeals Act 2004 amended Part 2 s. 4 1 (ii) the acquittal in trial A is a tainted 2 acquittal (within the meaning given by 3 section 46J); 4 and 5 (d) the Court of Appeal is satisfied on the balance 6 of probabilities that charging the acquitted 7 accused with the new charge is in the interests 8 of justice having regard to section 46K. 9 (3) If the new charge to which a leave application relates is 10 a charge of an AOJ offence allegedly committed in or 11 in connection with trial A, the Court of Appeal must 12 not give leave unless it is satisfied on the balance of 13 probabilities that charging the acquitted accused with 14 the AOJ offence is in the interests of justice having 15 regard to section 46K. 16 (4) If the acquitted accused is an acquitted accused for the 17 purposes of this Part because, in a place outside this 18 State, he or she was charged with and acquitted of an 19 offence under the law of that place -- 20 (a) leave cannot be given under subsection (2) if 21 the law of that place does not permit the person 22 to be tried -- 23 (i) on another charge of offence A the 24 details of which are the same or 25 substantially the same as those in 26 charge A; or 27 (ii) on a charge of some other offence of 28 which, on charge A, the acquitted 29 accused might have been convicted 30 instead of offence A; 31 and 32 (b) leave cannot be given under subsection (3) if 33 the law of that place does not permit the person 34 to be tried on a charge of an AOJ offence page 11 Criminal Appeals Amendment (Double Jeopardy) Bill 2011 Part 2 Criminal Appeals Act 2004 amended s. 4 1 allegedly committed in or in connection with 2 trial A; and 3 (c) leave cannot be given under subsection (2) 4 or (3) if the application of this Part to the 5 person is inconsistent with the Constitution 6 (Commonwealth) or the law of the 7 Commonwealth. 8 (5) If the Court of Appeal refuses to give leave to charge 9 the acquitted accused with a new charge, it must 10 discharge the acquitted accused. 11 (6) If the Court of Appeal gives leave to charge the 12 acquitted accused with a new charge, then, subject to 13 the Bail Act 1982, it may order that the acquitted 14 accused be kept in custody until -- 15 (a) his or her first appearance in the court in which 16 the prosecution of the new charge is 17 commenced; or 18 (b) the time for commencing the prosecution of the 19 new charge expires, 20 whichever occurs first. 21 46I. Meaning of fresh and compelling evidence 22 (1) For the purposes of section 46H, evidence is fresh in 23 relation to the new charge if -- 24 (a) despite the exercise of reasonable diligence by 25 those who investigated offence A, it was not 26 and could not have been made available to the 27 prosecutor in trial A; or 28 (b) it was available to the prosecutor in trial A but 29 was not and could not have been adduced in it. 30 (2) For the purposes of section 46H, evidence is 31 compelling in relation to the new charge if, in the page 12 Criminal Appeals Amendment (Double Jeopardy) Bill 2011 Criminal Appeals Act 2004 amended Part 2 s. 4 1 context of the issues in dispute in trial A, it is highly 2 probative of the new charge. 3 (3) For the purposes of this section, it is irrelevant whether 4 the evidence being considered by the Court of Appeal 5 would have been admissible in trial A against the 6 acquitted accused. 7 46J. Meaning of tainted acquittal 8 For the purposes of section 46H, the acquittal in trial A 9 is tainted if -- 10 (a) the acquitted accused or another person has 11 been convicted in this State or elsewhere of an 12 AOJ offence committed in or in connection 13 with trial A; and 14 (b) but for the commission of that AOJ offence, it 15 is more likely than not that the acquitted 16 accused would have been found guilty of, or 17 would have been acquitted on account of 18 unsoundness of mind of -- 19 (i) offence A; or 20 (ii) some other offence of which, on 21 charge A, the acquitted accused might 22 have been convicted instead of 23 offence A. 24 46K. Interests of justice, matters to be considered 25 (1) This section applies for the purposes of section 46H. 26 (2) Charging the acquitted accused with the new charge is 27 not in the interests of justice if the Court of Appeal is 28 satisfied a fair trial of the new charge is unlikely 29 having regard to -- 30 (a) the length of time since offence A was 31 allegedly committed or since trial A; and page 13 Criminal Appeals Amendment (Double Jeopardy) Bill 2011 Part 2 Criminal Appeals Act 2004 amended s. 4 1 (b) all other existing circumstances. 2 (3) The Court of Appeal is to have regard in particular to 3 the following -- 4 (a) whether any police officer or prosecutor has 5 failed to act with reasonable diligence or 6 expedition in connection with applying for 7 leave to charge the acquitted accused with the 8 new charge; 9 (b) the objective seriousness of the facts of the new 10 charge. 11 46L. Restrictions on publicity 12 (1) This section does not affect any prohibition in any 13 other written law of the publication of any information. 14 (2) A person must not publish any information that 15 conveys or has the effect of conveying that a person 16 whom the information identifies directly or indirectly is 17 the subject of any of these -- 18 (a) an application made under section 46C; 19 (b) an investigation authorised under section 46C; 20 (c) a leave application; 21 (d) leave given under section 46H; 22 (e) a new charge laid pursuant to leave given under 23 section 46H. 24 (3) The prohibition on publication in subsection (2) does 25 not apply -- 26 (a) if and to the extent an order made under 27 subsection (4) authorises publication; or 28 (b) if subsection (2) has ceased to operate under 29 subsection (9). 30 (4) The Court of Appeal or the court in which the acquitted 31 accused is being tried on the new charge may make an page 14 Criminal Appeals Amendment (Double Jeopardy) Bill 2011 Criminal Appeals Act 2004 amended Part 2 s. 4 1 order that authorises the publication of some or all of 2 the information to which subsection (2) applies. 3 (5) An order made under subsection (4) may be in any 4 terms, and include any conditions, the court thinks just. 5 (6) A court must not make an order under subsection (4) 6 unless satisfied it is in the interests of justice to do so. 7 (7) Before making an order under subsection (4) a court 8 must give the acquitted accused a reasonable 9 opportunity to be heard on the application for the order. 10 (8) A court that has made an order under subsection (4) 11 may amend or cancel it at any time. 12 (9) Subject to any order made under subsection (4), the 13 prohibition in subsection (2) ceases to have effect -- 14 (a) when there is no longer any step that could be 15 taken in order to charge and try the acquitted 16 accused with a new charge under this Part; or 17 (b) when the trial (if any) of the acquitted accused 18 on a new charge concludes, 19 whichever occurs first. 20 (10) A person who contravenes subsection (2) commits a 21 contempt of the Supreme Court. 22 46M. Leave for new charge, effect of 23 (1) If under this Part the Court of Appeal gives leave to 24 charge an acquitted accused with a new charge, only 25 the person given leave, or another authorised officer, 26 may commence a prosecution of the new charge. 27 (2) A prosecution of a new charge cannot be commenced 28 after -- 29 (a) 2 months after the date on which leave is given; 30 or page 15 Criminal Appeals Amendment (Double Jeopardy) Bill 2011 Part 2 Criminal Appeals Act 2004 amended s. 4 1 (b) any longer period that the Court of Appeal may 2 allow on an application made before the 3 2 months elapse. 4 (3) The Court of Appeal must not allow a longer period 5 under subsection (2)(b) unless it is satisfied -- 6 (a) the person given leave has taken and is taking 7 reasonable steps to commence the prosecution 8 as quickly as possible; and 9 (b) there is a good reason why a longer period 10 should be allowed. 11 (4) In a prosecution of the new charge -- 12 (a) a court dealing with the new charge cannot stay 13 it because it is an abuse of process unless it is 14 an abuse of process for reasons unrelated to it 15 being -- 16 (i) a charge of a serious offence the details 17 of which are the same or substantially 18 the same as those in charge A; or 19 (ii) a charge of some other serious offence 20 of which, at trial A, the acquitted 21 accused might have been convicted 22 instead of offence A; or 23 (iii) a charge of an AOJ offence allegedly 24 committed in or in connection with 25 trial A; 26 and 27 (b) the acquitted accused is not entitled -- 28 (i) on the grounds of the acquittal in 29 trial A, to plead a defence under 30 The Criminal Code section 17; or 31 (ii) to prove or refer to the acquittal in 32 trial A; 33 and page 16 Criminal Appeals Amendment (Double Jeopardy) Bill 2011 Criminal Appeals Act 2004 amended Part 2 s. 5A 1 (c) the defence under The Criminal Code 2 section 17 to the new charge that, but for this 3 section, would exist by virtue of the acquittal in 4 trial A does not apply to the new charge; and 5 (d) the prosecutor is not entitled to refer to the fact 6 that the Court of Appeal has given leave to 7 charge the acquitted accused with the new 8 charge or to any findings of the Court of 9 Appeal in doing so. 10 (5) If -- 11 (a) a new charge against an acquitted accused is 12 the same or substantially the same as charge A; 13 and 14 (b) the acquitted accused was acquitted of charge A 15 in trial A; and 16 (c) trial A occurred in this State; and 17 (d) the acquitted accused is convicted on the new 18 charge, 19 the court dealing with the new charge must set aside 20 the judgment of acquittal, entered in trial A, of 21 charge A. 22 5A. Section 52 inserted 23 After section 51 insert: 24 25 52. Double jeopardy amendments to be reviewed 26 (1) The Minister must carry out a review of the operation 27 of the amendments made to this Act and The Criminal 28 Code by the Criminal Appeals Amendment (Double 29 Jeopardy) Act 2011 as soon as practicable after the 30 expiration of 5 years after the date on which the 31 amendments come into operation. page 17 Criminal Appeals Amendment (Double Jeopardy) Bill 2011 Part 2 Criminal Appeals Act 2004 amended s. 5A 1 (2) The Minister must prepare a report based on the review 2 and, as soon as practicable after the report is prepared 3 and in any event not more than 18 months after the 4 expiry of the period referred to in subsection (1), cause 5 it to be laid before each House of Parliament. 6 page 18 Criminal Appeals Amendment (Double Jeopardy) Bill 2011 Other Acts amended Part 3 s. 5 1 Part 3 -- Other Acts amended 2 5. Criminal Code amended 3 (1) This section amends The Criminal Code. 4 (2) In section 17 delete "It" and insert: 5 6 (1) It 7 8 (3) At the end of section 17 insert: 9 10 (2) Subsection (1) is subject to the Criminal Appeals 11 Act 2004 section 46M(4)(b) and (c). 12 13 6. Criminal Investigation Act 2006 amended 14 (1) This section amends the Criminal Investigation Act 2006. 15 (2) After section 7 insert: 16 17 8A. Authority required for some investigations 18 This Act is subject to the Criminal Appeals Act 2004 19 section 46C. 20 21 7. Criminal Investigation (Extra-territorial Offences) Act 1987 22 amended 23 (1) This section amends the Criminal Investigation 24 (Extra-territorial Offences) Act 1987. page 19 Criminal Appeals Amendment (Double Jeopardy) Bill 2011 Part 3 Other Acts amended s. 8 1 (2) At the end of Part 1 insert: 2 3 3A. Authority required for some investigations 4 This Act is subject to the Criminal Appeals Act 2004 5 section 46C. 6 7 8. Criminal Investigation (Identifying People) Act 2002 8 amended 9 (1) This section amends the Criminal Investigation (Identifying 10 People) Act 2002. 11 (2) After section 11 insert: 12 13 12A. Authority required for some investigations 14 This Act is subject to the Criminal Appeals Act 2004 15 section 46C. 16 17 9. Misuse of Drugs Act 1981 amended 18 (1) This section amends the Misuse of Drugs Act 1981. 19 (2) At the end of Part 1 insert: 20 21 5A. Authority required for some investigations 22 This Act is subject to the Criminal Appeals Act 2004 23 section 46C. 24 25 10. Surveillance Devices Act 1998 amended 26 (1) This section amends the Surveillance Devices Act 1998. page 20 Criminal Appeals Amendment (Double Jeopardy) Bill 2011 Other Acts amended Part 3 s. 11 1 (2) After section 4 insert: 2 3 4AA. Authority required for some investigations 4 This Act is subject to the Criminal Appeals Act 2004 5 section 46C. 6 7 11. Telecommunications (Interception and Access) Western 8 Australia Act 1996 amended 9 (1) This section amends the Telecommunications (Interception and 10 Access) Western Australia Act 1996. 11 (2) At the end of Part 1 insert: 12 13 4A. Authority required for some investigations 14 The exercise of a power under the Commonwealth Act 15 by a law enforcement officer, as defined in the 16 Criminal Appeals Act 2004 section 46C, is subject to 17 that section. 18
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