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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Criminal Code Amendment (Unlawful
Possession) Bill 2013
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- The Criminal Code
amended
3. Act amended 3
4. Sections 417 and 417A inserted 3
417. Possessing stolen or unlawfully obtained
property 3
417A. Punishment for possession in special
cases 3
5. Section 428 deleted 4
6. References to "section 428" amended 5
Part 3 -- Consequential amendments
Division 1 -- Sentencing Act 1995 amended
7. Act amended 6
8. Schedule 1A amended 6
Division 2 -- Wildlife Conservation Act 1950
amended
9. Act amended 6
10. Section 20 amended 6
48--1 page i
Western Australia
LEGISLATIVE COUNCIL
Criminal Code Amendment (Unlawful
Possession) Bill 2013
A Bill for
An Act to amend The Criminal Code and to amend various other
Acts as a consequence.
The Parliament of Western Australia enacts as follows:
page 1
Criminal Code Amendment (Unlawful Possession) Bill 2013
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Criminal Code Amendment (Unlawful Possession)
4 Act 2013.
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 Code Amendment (Unlawful Possession) Bill 2013
The Criminal Code amended Part 2
s. 3
1 Part 2 -- The Criminal Code amended
2 3. Act amended
3 This Part amends The Criminal Code.
4 4. Sections 417 and 417A inserted
5 At the end of Part VI Division 1 Chapter XLI insert:
6
7 417. Possessing stolen or unlawfully obtained property
8 (1) A person who is in possession of any thing capable of
9 being stolen that is reasonably suspected to be stolen or
10 otherwise unlawfully obtained is guilty of a crime and
11 is liable, if no other punishment is provided under
12 section 417A, to imprisonment for 7 years.
13 Summary conviction penalty: imprisonment for 2 years
14 and a fine of $24 000.
15 (2) It is a defence to a charge under subsection (1) to prove
16 that at the time the accused was allegedly in possession
17 of the thing, the accused had no reasonable grounds for
18 suspecting that the thing was stolen or unlawfully
19 obtained.
20 417A. Punishment for possession in special cases
21 (1) The penalty for a crime committed under
22 section 417(1) in a case specified in this section is the
23 penalty specified for that case.
24 (2) If the thing is a testamentary instrument, whether the
25 testator is living or dead, the offender is liable to
26 imprisonment for 10 years.
page 3
Criminal Code Amendment (Unlawful Possession) Bill 2013
Part 2 The Criminal Code amended
s. 5
1 (3) If the thing is a motor vehicle, the offender is liable to
2 imprisonment for 8 years if the offender --
3 (a) wilfully drives the motor vehicle in a manner
4 that constitutes an offence under the Road
5 Traffic Act 1974 section 60 (i.e. the offence
6 known as reckless driving); or
7 (b) drives the motor vehicle in a manner that
8 constitutes an offence under the Road Traffic
9 Act 1974 section 61 (i.e. the offence known as
10 dangerous driving).
11 (4) If the thing is an aircraft, the offender is liable to
12 imprisonment for 10 years.
13 (5) If the offender is employed in the Public Service and
14 the thing came into the possession of the offender by
15 virtue of his or her employment, the offender is liable
16 to imprisonment for 10 years.
17 (6) If the offender is an employee and the thing came into
18 the possession of the offender on account of his or her
19 employer, the offender is liable to imprisonment for
20 10 years.
21 (7) If the offender is a director or officer of a corporation
22 or company, and the thing is the property of the
23 corporation or company, the offender is liable to
24 imprisonment for 10 years.
25
26 5. Section 428 deleted
27 Delete section 428.
page 4
Criminal Code Amendment (Unlawful Possession) Bill 2013
The Criminal Code amended Part 2
s. 6
1 6. References to "section 428" amended
2 Amend the provisions listed in the Table as set out in the Table.
3 Table
Provision Delete Insert
s. 378 428 417
s. 409(1) 428 417
s. 414 428 417
4
page 5
Criminal Code Amendment (Unlawful Possession) Bill 2013
Part 3 Consequential amendments
Division 1 Sentencing Act 1995 amended
s. 7
1 Part 3 -- Consequential amendments
2 Division 1 -- Sentencing Act 1995 amended
3 7. Act amended
4 This Division amends the Sentencing Act 1995.
5 8. Schedule 1A amended
6 (1) In Schedule 1A Part 1 item 1 insert in numerical order:
7
s. 417/417A(3) Possessing stolen or unlawfully obtained
property where the property is a motor vehicle
and driven recklessly or dangerously
s. 417/417A(4) Possessing stolen or unlawfully obtained
property where the property is an aircraft
8
9 (2) In Schedule 1A Part 2 item 1 delete "s. 428" and insert:
10
11 s. 417
12
13 Division 2 -- Wildlife Conservation Act 1950 amended
14 9. Act amended
15 This Division amends the Wildlife Conservation Act 1950.
16 10. Section 20 amended
17 In section 20(4) delete "section 428 of The Criminal Code" and
18 insert:
19
20 The Criminal Code section 417
21
22
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