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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Criminal Code Amendment Bill (No. 2) 2009
CONTENTS
Part 1 -- Preliminary matters
1. Short title 2
2. Commencement 2
3. The Criminal Code amended 2
Part 2 -- General amendments
4. Section 74B inserted 3
74B. Causing fear or alarm to people in
conveyances and others 3
5. Section 284 amended 3
6. Section 304 amended 4
7. Section 318A amended 4
8. Section 451A amended 4
Part 3 -- Miscellaneous short
amendments
9. Section 27 amended 6
10. Section 28 amended 6
11. Section 44 amended 7
12. Section 49 amended 7
13. Section 228 amended 7
14. Section 539 amended 7
105--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Criminal Code Amendment Bill (No. 2) 2009
A Bill for
An Act to amend The Criminal Code.
The Parliament of Western Australia enacts as follows:
page 1
Criminal Code Amendment Bill (No. 2) 2009
Part 1 Preliminary matters
s. 1
1 Part 1 -- Preliminary matters
2 1. Short title
3 This is the Criminal Code Amendment Act (No. 2) 2009.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) Part 1 -- on the day on which this Act receives the
7 Royal Assent;
8 (b) the rest of the Act -- on the day after that day.
9 3. The Criminal Code amended
10 This Act amends The Criminal Code.
page 2
Criminal Code Amendment Bill (No. 2) 2009
General amendments Part 2
s. 4
1 Part 2 -- General amendments
2 4. Section 74B inserted
3 At the end of Chapter IX insert:
4
5 74B. Causing fear or alarm to people in conveyances and
6 others
7 (1) In this section --
8 drive a conveyance, includes to pilot an aircraft and to
9 navigate a vessel.
10 (2) A person who, without lawful excuse --
11 (a) causes an object or substance to be directed at
12 or near, or to be placed in or near the path of, a
13 conveyance that a person is driving; or
14 (b) uses a portable device to direct a visible laser or
15 other narrow beam of visible light at or near a
16 conveyance that a person is driving,
17 in circumstances that are likely to cause fear or alarm
18 to any person commits a crime and is liable to
19 imprisonment for 7 years.
20 Summary conviction penalty: imprisonment for 3 years
21 and a fine of $36 000.
22
23 5. Section 284 amended
24 After section 284(4) insert:
25
26 (5) It is a defence to a charge of an offence under
27 subsection (3) to prove the death or grievous bodily
28 harm caused by the incident was not in any way
29 attributable (as relevant) to the manner (including the
30 speed) in which the conveyance was driven.
31
page 3
Criminal Code Amendment Bill (No. 2) 2009
Part 2 General amendments
s. 6
1 6. Section 304 amended
2 In section 304(1):
3 (a) delete "5 years." and insert:
4
5 7 years.
6
7 (b) delete the Summary conviction penalty and insert:
8
9 Summary conviction penalty: imprisonment for 3 years
10 and a fine of $36 000.
11
12 7. Section 318A amended
13 In section 318A:
14 (a) delete "who, while on board an aircraft" and insert:
15
16 who
17
18 (b) delete "the aircraft" (first and second occurrences) and
19 insert:
20
21 an aircraft
22
23 8. Section 451A amended
24 (1) After section 451A(1)(a) insert:
25
26 (ba) does any act that endangers the free and safe
27 use of the aircraft; or
28
29 (2) In section 451A(2):
30 (a) delete "while on board an aircraft";
page 4
Criminal Code Amendment Bill (No. 2) 2009
General amendments Part 2
s. 8
1 (b) delete "the aircraft" and insert:
2
3 an aircraft
4
page 5
Criminal Code Amendment Bill (No. 2) 2009
Part 3 Miscellaneous short amendments
s. 9
1 Part 3 -- Miscellaneous short amendments
2 9. Section 27 amended
3 In section 27:
4 (a) delete "A person is" and insert:
5
6 (1) A person is
7
8 (b) delete "A person whose" and insert:
9
10 (2) A person whose
11
12 (c) delete "the foregoing provisions of this section," and
13 insert:
14
15 subsection (1),
16
17 10. Section 28 amended
18 In section 28:
19 (a) delete "The provisions of the last preceding section
20 apply" and insert:
21
22 (1) Section 27 applies
23
24 (b) delete "They do not" and insert:
25
26 (2) Section 27 does not
27
page 6
Criminal Code Amendment Bill (No. 2) 2009
Miscellaneous short amendments Part 3
s. 11
1 (c) delete "When an" and insert:
2
3 (3) When an
4
5 11. Section 44 amended
6 In section 44 delete "the provisions of the next following
7 section." and insert:
8
9 section 45.
10
11 12. Section 49 amended
12 In section 49 delete "the last 2 preceding sections" and insert:
13
14 sections 47 and 48
15
16 13. Section 228 amended
17 In section 228 delete "the provisions of the last 4 preceding
18 sections," and insert:
19
20 section 224, 225, 226 or 227,
21
22 14. Section 539 amended
23 In section 539 delete "the last preceding section." and insert:
24
25 section 538.
26
27
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