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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE COUNCIL
Criminal Code Amendment Bill 1999
A Bill for
An Act to amend The Criminal Code.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Criminal Code Amendment
Act 1999.
page 1
60 -- 1B
Criminal Code Amendment Bill 1999
s. 2
2. Criminal Code amended
The amendments in this Act are to The Criminal Code*.
[* Reprinted as at 21 April 1997 as the Schedule to the Criminal
Code Act 1913 appearing in Appendix B to the Criminal
5 Code Compilation Act 1913.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 58, and Acts Nos. 15, 29, 38
and 48 of 1998.]
3. Section 400 amended
10 Section 400(4)(b) and "and" after it are deleted and the
following is inserted instead --
"
(b) conviction means a finding of guilt whether
after a plea of guilty or otherwise and whether
15 or not a conviction is recorded; and
".
4. Section 570 amended
Section 570(1) is amended as follows:
(a) by inserting, in the appropriate alphabetical positions,
20 the following definitions --
"
"Anti-Corruption Commission official" means an
officer of the Commission, a seconded officer,
service provider, or a special investigator, within
25 the meaning of section 3(1) of the Anti-Corruption
Commission Act 1988;
page 2
Criminal Code Amendment Bill 1999
s. 5
"Parliamentary Commissioner" means the
Parliamentary Commissioner for Administrative
Investigations appointed under the Parliamentary
Commissioner Act 1971 and includes an Acting
5 Commissioner, Deputy Commissioner or officer of
the Commissioner, within the meaning of section 4
of that Act;
";
(b) by deleting the definition of "interview" and inserting
10 instead --
"
"interview" means an interview with a suspect by --
(a) a member of the Police Force; or
(b) an Anti-Corruption Commission official;
15 ".
5. Section 570B amended
(1) Section 570B(1) is amended in the definition of "authorized
person" by inserting after paragraph (d) the following --
"
20 (da) a member of the Anti-Corruption Commission
or an Anti-Corruption Commission official;
(db) the Parliamentary Commissioner;
".
(2) Section 570B(3) is amended by deleting ", other than a member
25 of the Police Force acting in the course of duty, ".
(3) After section 570B(3) the following subsection is inserted --
"
(3a) Subsection (3) does not apply to --
(a) a member of the Police Force;
30 (b) an Anti-Corruption Commission official; or
page 3
Criminal Code Amendment Bill 1999
s. 6
(c) the Parliamentary Commissioner,
when acting in the course of duty.
".
(4) Section 570B(4) is amended by inserting after "duty" --
5 "
or an Anti-Corruption Commission official acting in
the course of duty
".
(5) Section 570B(5) is amended by inserting after "(d)" --
10 " , (da), (db) ".
(6) Section 570B(6)(b) is amended by inserting after "570G(3)" --
" or 570GA(3) ".
6. Section 570D amended
Section 570D(1) is amended, in the definition of "admission",
15 by inserting after "Force" --
" or an Anti-Corruption Commission official ".
7. Section 570G amended
After section 570G(3) the following subsection is inserted --
"
20 (4) In this section --
"interview" means an interview with a suspect by a
member of the Police Force.
".
page 4
Criminal Code Amendment Bill 1999
s. 8
8. Section 570GA inserted
After section 570G the following section is inserted --
"
570GA. Videotapes to be retained by the Anti-Corruption
5 Commission
(1) If an interview is videotaped, the Anti-Corruption
Commission shall ensure that a videotape of the
interview is kept in safe custody for at least 5 years.
(2) If the Supreme Court is satisfied there is good cause for
10 keeping a videotape of an interview for more than
5 years, it may order the Anti-Corruption Commission
to keep a videotape of the interview for such additional
period as the Court thinks fit.
(3) Subject to subsection (1), the Anti-Corruption
15 Commission may, in writing, authorize a person to
erase videotapes of interviews.
(4) In this section --
"interview" means an interview with a suspect by an
Anti-Corruption Commission official.
20 ".
9. Section 570H amended
Section 570H(2) is amended after paragraph (b) by inserting the
following paragraph --
"
25 (ba) an Anti-Corruption Commission official;
".
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