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This is a Bill, not an Act. For current law, see the Acts databases.


CRIMINAL INVESTIGATION (CONSEQUENTIAL PROVISIONS) BILL 2005

                       Western Australia


     Criminal Investigation (Consequential
             Provisions) Bill 2005

                          CONTENTS


         Part 1 -- Preliminary
1.       Short title                                                2
2.       Commencement                                               2
         Part 2 -- Bail Act 1982 amended
3.       The Act amended by this Part                               3
4.       Section 6 replaced and consequential amendments            3
         6.       Duty on arresting officer and others to
                  consider bail                                3
5.       Section 6A inserted                                        5
         6A.      Whether custody justified to be considered
                  in certain cases                             5
6.       Section 12 amended                                         7
7.       Sections 18 and 19 repealed and consequential
         amendment to section 27                                    7
         Part 3 -- Corruption and Crime
              Commission Act 2003 amended
8.       The Act amended in this Part                               8
9.       Section 56 repealed                                        8
10.      Section 101 amended                                        8
11.      Section 184 amended                                        8
12.      Section 223A inserted                                      9
         223A.    Disposal of things seized under this Act     9

         Part 4 -- Court Security and Custodial
              Services Act 1999 amended
13.      The Act amended in this Part                              11


                             115--3                                 page i
Criminal Investigation (Consequential Provisions) Bill 2005



Contents



      14.     Section 3 amended                                          11
      15.     Schedule 2 amended                                         11
              7.       Power to take identifying particulars of
                       persons in custody                           11

              Part 5 -- The Criminal Code
                   amended
              Division 1 -- Amendments
      16.     The Criminal Code amended in this Part                     13
      17.     Section 70A amended                                        13
      18.     Section 74A amended                                        13
      19.     Section 80J inserted                                       13
              80J.     Forfeiture of unlawful material              13
      20.     Section 231 amended                                        13
      21.     Section 232 repealed                                       14
      22.     Sections 236 and 237 repealed                              14
      23.     Section 243 replaced                                       14
              243.     Prevention of violence by mentally
                       impaired person                              14
      24.     Section 473 amended                                        15
      25.     Section 557B repealed                                      15
      26.     Chapters LX and LXA repealed                               15
      27.     Chapter LXXII repealed                                     15
      28.     Section 731 inserted                                       15
              731.     Forfeiture etc. of property used to commit
                       offences                                     15
              Division 2 -- Transitional provisions
      29.     Search warrants and related matters                        16
              Part 6 -- Criminal Investigation
                   (Extra-territorial Offences)
                   Act 1987 amended
      30.     The Act amended in this Part                               18
      31.     Long title replaced                                        18
      32.     Headings inserted                                          18
              Part 1 -- Preliminary

              Part 2 -- Search warrants

              Part 5 -- Miscellaneous
      33.     Certain references to "this Act" amended                   19

page ii
      Criminal Investigation (Consequential Provisions) Bill 2005



                                                              Contents



34.   Section 8 replaced by Parts 3 and 4                       19
      Part 3 -- Searching vehicles
      8.       Vehicle in WA used to commit offence
               outside WA                                19
      Part 4 -- Arrest powers
      8A.      Arrest power for foreign offence          21

      Part 7 -- Criminal Investigation
           (Identifying People) Act 2002
           amended
35.   The Act amended in this Part                              24
36.   Section 4 amended                                         24
37.   Section 15 replaced                                       24
      15.      Warrants, applying for                    24
38.   Section 47 amended                                        26
39.   Section 83 amended                                        27
40.   Part 14 and Schedules 1 and 2 repealed                    27
      Part 8 -- Criminal Procedure
           Act 2004 amended
41.   The Act amended in this Part                              28
42.   Section 30 amended                                        28
43.   Section 35 amended                                        30
44.   Section 42 amended                                        30
45.   Section 61 amended                                        30
46.   Section 95 amended                                        30
      Part 9 -- Gaming and Wagering
           Commission Act 1987 amended
47.   The Act amended in this Part                              31
48.   Section 31 amended                                        31
49.   Section 31A inserted                                      31
      31A.     Powers to assist seizing things           31
50.   Section 32 amended                                        31
51.   Section 32A inserted                                      32
      32A.     Disposing of seized or forfeited things   32
52.   Section 41 amended                                        32




                                                               page iii
Criminal Investigation (Consequential Provisions) Bill 2005



Contents



              Part 10 -- Liquor Licensing Act 1988
                   amended
      53.     The Act amended in this Part                                33
      54.     Section 113 amended                                         33
      55.     Section 155 amended                                         33
      56.     Section 172A inserted                                       33
              172A.     Forfeiture                                   33
      57.     Section 174A inserted                                       34
              174A.     Application of Criminal and Found
                        Property Disposal Act 2005                   34

              Part 11 -- Maritime Archaeology
                   Act 1973 amended
      58.     The Act amended in this Part                                35
      59.     Section 11 amended                                          35
              Part 12 -- Police Act 1892 amended
              Division 1 -- Amendments
      60.     The Act amended in this Part                                36
      61.     Section 2 repealed                                          36
      62.     Section 7 amended                                           36
      63.     Part III replaced                                           36
              Part III -- Special constables
              34.       Interpretation                               36
              35.       Appointing and terminating special
                        constables                                   37
              36.       Functions of special constables              37
              37.       Special constables not in the Police Force   39
      64.     Part V repealed                                             39
      65.     Part VI repealed                                            39
      66.     Section 123 repealed                                        39
      67.     Section 124 repealed                                        39
              Division 2 -- Transitional provisions
      68.     Existing special constables' appointments
              terminated                                                  40
      69.     Search warrants and related matters                         40
      70.     Embargo notices                                             40




page iv
      Criminal Investigation (Consequential Provisions) Bill 2005



                                                          Contents



      Part 13 -- Prostitution Act 2000
           amended
71.   The Act amended in this Part                          42
72.   Section 34 replaced                                   42
      34.      Powers to assist seizing things       42

      Part 14 -- Various Acts amended
73.   Various Acts amended (Sch. 1)                         43
      Schedule 1 -- Various Acts amended
1.    Betting Control Act 1954                              44
2.    Criminal Appeals Act 2004                             44
3.    Disposal of Uncollected Goods Act 1970                44
4.    Energy Operators (Powers) Act 1979                    44
5.    Firearms Act 1973                                     45
6.    Guardianship and Administration Act 1990              45
7.    Industrial Relations Act 1979                         45
8.    Interpretation Act 1984                               45
9.    Magistrates Court Act 2004                            46
10.   Poisons Act 1964                                      46
11.   Prisons Act 1981                                      46
12.   Public Interest Disclosure Act 2003                   46
13.   Public Works Act 1902                                 46
14.   Unclaimed Money Act 1990                              47
15.   Western Australian Meat Industry Authority
      Act 1976                                              47
16.   The Western Australian Turf Club Act 1892             47




                                                           page v
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                      (As amended in Committee)


       Criminal Investigation (Consequential
               Provisions) Bill 2005


                               A Bill for


An Act to amend various Acts as a consequence of the enactment of
the --
•  Criminal Investigation Act 2005; and
•  Criminal and Found Property Disposal Act 2005,
and for related purposes.



The Parliament of Western Australia enacts as follows:




                                                             page 1
    Criminal Investigation (Consequential Provisions) Bill 2005
    Part 1          Preliminary

    s. 1



                             Part 1 -- Preliminary
    1.         Short title
               This is the Criminal Investigation (Consequential Provisions)
               Act 2005.

5   2.         Commencement
         (1)   This Act comes into operation on a day fixed by proclamation.
         (2)   Different days may be fixed under subsection (1) for different
               provisions.




    page 2
                       Criminal Investigation (Consequential Provisions) Bill 2005
                                            Bail Act 1982 amended           Part 2

                                                                                  s. 3



                       Part 2 -- Bail Act 1982 amended
     3.          The Act amended by this Part
                 The amendments in this Part are to the Bail Act 1982*.
                 [* Reprint 5 as at 1 April 2005.]

 5   4.          Section 6 replaced and consequential amendments
          (1)    Section 6 is repealed and the following section is inserted
                 instead --
     "
            6.         Duty on arresting officer and others to consider bail
10               (1)   This section applies to a police officer or other person
                       (the "arrester") who --
                         (a) charges a person who is under arrest (the
                               "accused") with an offence; and
                         (b) does not release the accused unconditionally
15                             under section 141 of the Criminal Investigation
                               Act 2005,
                       or who arrests a person under a warrant.
                 (2)   This section is subject to --
                        (a) the exercise of the power conferred by
20                            section 9; and
                        (b) sections 10, 12 and 16 and clause 3A of Part C
                              of Schedule 1.
                 (3)   The duties in this section shall be performed whether or
                       not an application for bail is made by or on behalf of
25                     the accused.




                                                                               page 3
     Criminal Investigation (Consequential Provisions) Bill 2005
     Part 2          Bail Act 1982 amended

     s. 4



              (4)   As soon as is practicable after the accused is charged,
                    or arrested under a warrant, as the case may be, the
                    arrester shall either --
                      (a) bring the accused or cause the accused to be
 5                          brought before a court; or
                      (b) perform the other duties of the arrester under
                            this section.
              (5)   If the arrester has power to grant the accused bail, the
                    arrester shall consider the accused's case for bail.
10            (6)   If the arrester does not have power to grant the accused
                    bail, the arrester shall, unless subsection (8), (9) or (10)
                    applies, bring or cause the accused to be brought before
                    an authorised police officer or a justice or, in the case
                    of a child, any authorised officer or a justice, who shall
15                  consider the accused's case for bail as soon as is
                    practicable.
              (7)   Even if the arrester has power to grant the accused bail,
                    the arrester may, instead of complying with
                    subsection (5), comply with subsection (6) as if the
20                  arrester did not.
              (8)   If under section 15 only a Judge of the Supreme Court
                    or a Judge of the Children's Court has power to grant
                    the accused bail, the arrester shall bring the accused or
                    cause the accused to be brought before a Judge of the
25                  Supreme Court or a Judge of the Children's Court, as
                    the case requires, who shall consider the accused's case
                    for bail as soon as is practicable.
              (9)   If under section 16 only a justice has power to grant the
                    accused bail, the arrester shall bring the accused or
30                  cause the accused to be brought before a justice, who
                    shall consider the accused's case for bail as soon as is
                    practicable.



     page 4
                       Criminal Investigation (Consequential Provisions) Bill 2005
                                            Bail Act 1982 amended           Part 2

                                                                                 s. 5



                (10)   If section 16A applies, the arrester shall bring the
                       accused or cause the accused to be brought before a
                       court or Judge referred to in section 16A(1), who shall
                       consider the accused's case for bail as soon as is
 5                     practicable.
                                                                                  ".
          (2)    Section 7(3)(a) is amended by deleting "section 6(3)" and
                 inserting instead --
                 " section 6(8) or (9)   ".
10        (3)    Section 16(1) is amended by deleting "section 6(2)(b)." and
                 inserting instead --
                 " section 6(9).   ".
          (4)    Section 61(2)(b) is amended by deleting "section 6(2a)." and
                 inserting instead --
15               " section 6(7).   ".

     5.          Section 6A inserted
                 After section 6 the following section is inserted --
     "
            6A.        Whether custody justified to be considered in
20                     certain cases
                 (1)   In this section --
                       "accused" means an accused who is under arrest, other
                            than pursuant to a warrant;
                       "released" means released from custody without being
25                          required to enter into, or without having entered
                            into, a bail undertaking;
                       "serious offence" means an indictable offence the
                            penalty specified by a written law for which is or
                            includes imprisonment for 5 years or more or life;



                                                                             page 5
     Criminal Investigation (Consequential Provisions) Bill 2005
     Part 2          Bail Act 1982 amended

     s. 5



                    "summary court" means the Magistrates Court or the
                       Children's Court.
              (2)   An authorised officer or justice who is considering an
                    accused's case for bail for an initial appearance in a
 5                  summary court on a charge of an indictable offence
                    that is not a serious offence may order that the accused
                    be served with a summons under the Criminal
                    Procedure Act 2004, and released, in respect of the
                    charge unless satisfied --
10                    (a) that there are reasonable grounds to suspect the
                             accused would not obey the summons if served
                             with it; or
                      (b) that not releasing the accused is justified under
                             subsection (4) or for any other reason.
15            (3)   An authorised officer or justice who is considering an
                    accused's case for bail for an initial appearance in a
                    summary court on a charge of a simple offence must
                    order that the accused be served with a court hearing
                    notice under the Criminal Procedure Act 2004, and
20                  released, in respect of the charge unless satisfied --
                      (a) that the presence of the accused when the
                            charge is dealt with is likely to be necessary for
                            any reason or for sentencing purposes; or
                      (b) that not releasing the accused is justified under
25                          subsection (4) or for any other reason.
              (4)   Not releasing an accused is justified if there are
                    reasonable grounds to suspect that if the accused were
                    released --
                      (a) the accused --
30                            (i) would commit an offence;
                             (ii) would continue or repeat an offence
                                   with which he or she is charged;



     page 6
                      Criminal Investigation (Consequential Provisions) Bill 2005
                                           Bail Act 1982 amended           Part 2

                                                                                 s. 6



                              (iii)   would endanger another person's safety
                                      or property; or
                              (iv)    would interfere with witnesses or
                                      otherwise obstruct the course of justice,
 5                                    whether in relation to the accused or any
                                      other person;
                             or
                       (b)   the accused's safety would be endangered.
                (5)   This section does not affect the operation of section 28
10                    or 30 of the Criminal Procedure Act 2004.
                                                                                  ".

     6.         Section 12 amended
                Section 12 is amended as follows:
                  (a) by inserting after "requires" --
15                     " or permits ";
                 (b) by deleting "section 236 of The Criminal Code,
                       section 50AA of the Police Act 1892" and inserting
                       instead --
                       " Part 12 of the Criminal Investigation Act 2005 ".

20   7.         Sections 18 and 19 repealed and consequential amendment
                to section 27
          (1)   Sections 18 and 19 are repealed.
          (2)   Section 27(1) is amended by deleting ", an authorised police
                officer who dispenses with bail under section 18,".




                                                                           page 7
     Criminal Investigation (Consequential Provisions) Bill 2005
     Part 3          Corruption and Crime Commission Act 2003 amended

     s. 8



                     Part 3 -- Corruption and Crime Commission
                                Act 2003 amended
     8.               The Act amended in this Part
                      The amendments in this Part are to the Corruption and Crime
 5                    Commission Act 2003*.
                      [* Reprint 1 as at 5 January 2004.
                         For subsequent amendments see Western Australian
                         Legislation Information Tables for 2004, Table 1, p. 96.]

     9.               Section 56 repealed
10                    Section 56 is repealed.

     10.              Section 101 amended
           (1)        After section 101(2) the following subsection is inserted --
                 "
                     (2a)   An application for a warrant must be made in
15                          accordance with section 12 of the Criminal
                            Investigation Act 2005 which applies with any
                            necessary changes.
                                                                                      ".
           (2)        Section 101(7) is repealed.

20   11.              Section 184 amended
           (1)        Section 184(3) is repealed and the following subsections are
                      inserted instead --
                 "
                      (3)   For the purposes of the Criminal Investigation Act
25                          2005 --
                              (a) the office of authorised officer is prescribed to
                                    be a public officer; and
                             (b) a holder of that office may exercise all of the
                                    powers of a public officer in that Act; and

     page 8
                         Criminal Investigation (Consequential Provisions) Bill 2005
                 Corruption and Crime Commission Act 2003 amended             Part 3

                                                                                    s. 12



                          (c)   the Commissioner is prescribed to be a senior
                                officer in relation to the authorised officer for
                                the purposes of sections 44, 47, 97 and 132 of
                                that Act.
 5               (3a)   In addition to the powers conferred by subsection (3),
                        an authorised officer may exercise the powers of a
                        police officer in section 40 of the Criminal
                        Investigation Act 2005.
                 (3b)   For the purposes of the Criminal Investigation
10                      (Identifying People) Act 2002 --
                          (a) the office of authorised officer is prescribed to
                                be a public officer; and
                          (b) a holder of that office may exercise all of the
                                powers of a public officer in that Act; and
15                        (c) the Commissioner is prescribed to be a senior
                                officer in relation to the authorised officer.
                 (3c)   An authorised officer has and may perform all of the
                        functions that a police officer has and may perform
                        under any law of the State, other than the Acts referred
20                      to in subsections (3) to (3b).
                                                                                      ".
           (2)    Section 184(4) is amended by deleting "subsection (3)" and
                  inserting instead --
                  " subsections (3) to (3c) ".

25   12.          Section 223A inserted
                  After section 223 the following section is inserted --
     "
             223A.      Disposal of things seized under this Act
                  (1)   The Criminal and Found Property Disposal Act 2005
30                      applies to and in respect of anything seized under this
                        Act, other than a thing seized under section 75(4).

                                                                               page 9
    Criminal Investigation (Consequential Provisions) Bill 2005
    Part 3          Corruption and Crime Commission Act 2003 amended

    s. 12



              (2)   For the purposes of the Criminal and Found Property
                    Disposal Act 2005 --
                     (a) the Commission is a prescribed agency; and
                     (b) the Commissioner is the chief officer of the
5                           Commission.
                                                                          ".




    page 10
                      Criminal Investigation (Consequential Provisions) Bill 2005
           Court Security and Custodial Services Act 1999 amended          Part 4

                                                                                    s. 13



            Part 4 -- Court Security and Custodial Services
                        Act 1999 amended
     13.         The Act amended in this Part
                 The amendments in this Part are to the Court Security and
 5               Custodial Services Act 1999*.
                 [* Reprint 2 as at 9 September 2005.]

     14.         Section 3 amended
                 Section 3 is amended in the definition of "police officer" as
                 follows:
10                 (a) by inserting "or" after paragraph (a);
                   (b) by deleting paragraph (b) and "or" after it.

     15.         Schedule 2 amended
                 Schedule 2 clause 7 is repealed and the following clause is
                 inserted instead --
15   "
            7.         Power to take identifying particulars of persons in
                       custody
                 (1)   In this clause --
                       "identifying particular" of a person means --
20                           (a) a print of the person's hands (including fingers),
                                   feet (including toes) or ears;
                            (b)   a photograph of the person (including of an
                                  identifying feature of the person);
                            (c)   a measurement of any identifying feature of the
25                                person.




                                                                                page 11
     Criminal Investigation (Consequential Provisions) Bill 2005
     Part 4          Court Security and Custodial Services Act 1999 amended

     s. 15



               (2)   In respect of a person in custody who is at a custodial place
                     or being moved between custodial places, the power to take
                     or cause to be taken from the person any identifying
                     particular of the person that an authorised person suspects
 5                   on reasonable grounds --
                       (a) is not or may not be held by the Police Force; or
                       (b)   is or may be needed to verify the person's identity
                             with identification particulars already held by the
                             Police Force.
10             (3)   Sections 49 to 51 of the Criminal Investigation (Identifying
                     People) Act 2002, with any necessary changes, apply to and
                     in respect of taking an identifying particular from a person
                     under subclause (2) as if the person were a charged suspect.
               (4)   The taking of an identifying particular under subclause (2)
15                   must be done in accordance with Part 8 of the Criminal
                     Investigation (Identifying People) Act 2002 which applies
                     with any necessary changes.
               (5)   Sections 67 and 69 of the Criminal Investigation
                     (Identifying People) Act 2002, with any necessary changes,
20                   apply to and in respect of any identifying particular taken
                     under this clause from a person as if the particular had been
                     obtained under Part 7 of that Act and the person were a
                     suspect.
                                                                                     ".




     page 12
                       Criminal Investigation (Consequential Provisions) Bill 2005
                                       The Criminal Code amended            Part 5
                                                     Amendments        Division 1
                                                                              s. 16



                    Part 5 -- The Criminal Code amended
                             Division 1 -- Amendments
     16.         The Criminal Code amended in this Part
                 The amendments in this Part are to The Criminal Code*.
 5               [* Reprint 12 as at 1 June 2005 (see the Schedule to the
                    Criminal Code Act 1913 appearing as Appendix B to the
                    Criminal Code Compilation Act 1913).]

     17.         Section 70A amended
                 Section 70A(1) is amended in the definition of "police officer"
10               by deleting "Part I, III" and inserting instead --
                 " Part I ".

     18.         Section 74A amended
                 Section 74A(4) is repealed.

     19.         Section 80J inserted
15               After section 80I the following section is inserted in
                 Chapter XI --
     "
             80J.      Forfeiture of unlawful material
                       A court that convicts a person of an offence under
20                     section 79, 80, 80C or 80D may make an order for the
                       forfeiture to the State, or the destruction or disposal, of
                       any written or pictorial material in respect of which the
                       offence was committed.
                                                                                     ".

25   20.         Section 231 amended
           (1)   Section 231 is amended by inserting before "It is lawful" the
                 subsection designation "(1)".

                                                                             page 13
     Criminal Investigation (Consequential Provisions) Bill 2005
     Part 5          The Criminal Code amended
     Division 1      Amendments
     s. 21



           (2)   At the end of section 231 the following subsection is inserted --
             "
                 (2)   In determining whether any process or warrant might
                       have been executed, or any arrest made, in a less
 5                     forcible manner, the following shall be taken into
                       account --
                         (a) whether the person executing the process or
                               warrant had it with him or her and produced it
                               at the time;
10                       (b) if it was practicable to do so at the time,
                               whether the person making an arrest, whether
                               with or without a warrant, gave notice of the
                               process or warrant under which the person was
                               acting or of the cause of the arrest.
15                                                                               ".

     21.         Section 232 repealed
                 Section 232 is repealed.

     22.         Sections 236 and 237 repealed
                 Sections 236 and 237 are repealed.

20   23.         Section 243 replaced
                 Section 243 is repealed and the following section is inserted
                 instead --
     "
             243.      Prevention of violence by mentally impaired person
25                     It is lawful for any person to use such force as is
                       reasonably necessary in order to prevent a person
                       whom he believes, on reasonable grounds, to be
                       mentally impaired from doing violence to any person
                       or property.
30                                                                               ".



     page 14
                     Criminal Investigation (Consequential Provisions) Bill 2005
                                     The Criminal Code amended            Part 5
                                                   Amendments        Division 1
                                                                            s. 24



     24.       Section 473 amended
               After section 473(2) the following subsection is inserted --
           "
               (3)   A court that convicts a person of an offence under this
 5                   section may make an order for the forfeiture to the
                     State, or the destruction or disposal, of any record in
                     respect of which the offence was committed.
                                                                               ".
     25.       Section 557B repealed
10             Section 557B is repealed.

     26.       Chapters LX and LXA repealed
               Chapters LX and LXA are repealed.

     27.       Chapter LXXII repealed
               Chapter LXXII is repealed.

15   28.       Section 731 inserted
               After section 730 the following section is inserted --
     "
           731.      Forfeiture etc. of property used to commit offences
               (1)   A court that convicts a person of an offence under this
20                   Code may make an order for the forfeiture to the State,
                     or the destruction or disposal, of any thing that was
                     used in or in connection with the commission of the
                     offence.
               (2)   A court must not make an order under subsection (1) in
25                   respect of any property unless the owner or any person
                     who claims to be the owner of it has been afforded the
                     opportunity to show cause why the order should not be
                     made.
                                                                               ".


                                                                         page 15
     Criminal Investigation (Consequential Provisions) Bill 2005
     Part 5          The Criminal Code amended
     Division 2      Transitional provisions
     s. 29



                       Division 2 -- Transitional provisions
     29.         Search warrants and related matters
           (1)   In this section --
                 "repeal day" means the day on which section 27 comes into
 5                    operation.
           (2)   This section does not limit the operation of the Interpretation
                 Act 1984 Part V.
           (3)   If immediately before repeal day a warrant issued under The
                 Criminal Code section 711 is in force but not executed, then,
10               subject to the terms of the warrant, the warrant may be executed
                 on or after repeal day and, if any thing is seized under it --
                    (a) despite section 711 and the warrant, the thing must not
                         be taken before a justice to be dealt with according to
                         law; and
15                 (b) the Criminal and Found Property Disposal Act 2005
                         applies to and in respect of the thing.
           (4)   If immediately before repeal day a warrant issued under The
                 Criminal Code section 716 is in force but not executed, then,
                 subject to the terms of the warrant, the warrant may be executed
20               on or after repeal day and, if any person is found under it, then,
                 despite section 716 and the warrant, the person must be released
                 unless another written law provides to the contrary.
           (5)   If immediately before repeal day a person is in possession of
                 any thing seized or taken under The Criminal Code, then on
25               repeal day, subject to any order previously made in respect of
                 the thing under The Criminal Code section 714, the thing is to
                 be taken to be seized property for the purposes of the Criminal
                 and Found Property Disposal Act 2005 and that Act applies to
                 and in respect of it accordingly.
30         (6)   If immediately before repeal day proceedings under The
                 Criminal Code section 714A in respect of any property are
                 pending in the Magistrates Court, then section 714A operates in

     page 16
      Criminal Investigation (Consequential Provisions) Bill 2005
                      The Criminal Code amended            Part 5
                            Transitional provisions   Division 2
                                                             s. 29



respect of the property on and after repeal day despite its repeal
on repeal day.




                                                           page 17
     Criminal Investigation (Consequential Provisions) Bill 2005
     Part 6          Criminal Investigation (Extra-territorial Offences) Act 1987
                     amended

     s. 30


            Part 6 -- Criminal Investigation (Extra-territorial
                     Offences) Act 1987 amended
     30.         The Act amended in this Part
                 The amendments in this Part are to the Criminal Investigation
 5               (Extra-territorial Offences) Act 1987*.
                 [* Reprinted as at 23 August 2002.
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2004, Table 1, p. 111.]

     31.         Long title replaced
10               The long title is repealed and the following long title is inserted
                 instead --
     "
             An Act to provide powers to investigate in this State certain
             offences against the law of other places, and for related
15           purposes.
                                                                                    ".

     32.         Headings inserted
           (1)   Immediately before section 1 the following heading is
                 inserted --
20   "
                                Part 1 -- Preliminary
                                                                                    ".
           (2)   Immediately before section 3 the following heading is
                 inserted --
25   "
                             Part 2 -- Search warrants
                                                                                    ".




     page 18
                        Criminal Investigation (Consequential Provisions) Bill 2005
            Criminal Investigation (Extra-territorial Offences) Act 1987     Part 6
                                                               amended

                                                                                    s. 33


           (3)    Immediately before section 9 the following heading is
                  inserted --
     "
                                Part 5 -- Miscellaneous
 5                                                                                    ".

     33.          Certain references to "this Act" amended
           (1)    Section 3(1) and (2) are amended by deleting "this Act" in each
                  place it occurs and in each place inserting instead --
                  " this Part ".
10         (2)    Section 4(1)(a) is amended by deleting "this Act" and inserting
                  instead --
                  " this Part ".
           (3)    Section 7(1)(a) is amended by deleting "this Act" and inserting
                  instead --
15                " this Part ".

     34.          Section 8 replaced by Parts 3 and 4
                  Section 8 is repealed and the following Parts are inserted
                  instead --
     "
20                          Part 3 -- Searching vehicles
             8.         Vehicle in WA used to commit offence outside WA
                  (1)   In this section --
                        "vehicle" means any thing capable of transporting
                             people or things by air, road, rail or water, and it
25                           does not matter how the thing is moved or
                             propelled.
                  (2)   If a member of the Police Force reasonably suspects
                        that a vehicle in this State is being or may be used for a

                                                                               page 19
     Criminal Investigation (Consequential Provisions) Bill 2005
     Part 6          Criminal Investigation (Extra-territorial Offences) Act 1987
                     amended

     s. 34


                     journey to a place outside this State for the purpose of
                     doing or attempting to do an act that, if it were done in
                     this State, would be an element of an offence, he --
                       (a) may stop, detain, enter and search the vehicle;
 5                     (b) may search any person on board; and
                       (c) while he reasonably suspects that the journey
                             may be commenced or continued for that
                             purpose --
                                (i) may take charge of the vehicle and
10                                   detain it at any place he thinks fit; or
                               (ii) may take any reasonably necessary
                                     action to prevent the vehicle from
                                     commencing or continuing its journey.
               (3)   Sections 18 and 19 of the Criminal Investigation
15                   Act 2005, with any necessary changes, apply to and in
                     respect of the power in subsection (2)(a) to stop a
                     vehicle.
               (4)   A member of the Police Force who has detained a
                     vehicle under subsection (2)(c), or a person aggrieved
20                   by any action of such a member under
                     subsection (2)(c), may apply to the Magistrates Court
                     for an order under subsection (5).
               (5)   On such an application, the Magistrates Court may do
                     any or all of the following --
25                     (a) order that the vehicle be released --
                                (i) unconditionally; or
                               (ii) on conditions imposed by the court;
                       (b) order that the vehicle be detained for a period
                             set by the court or until the court makes a
30                           further order;
                       (c) make an order as to the payment of expenses
                             incurred or to be incurred by the Police Force in


     page 20
                 Criminal Investigation (Consequential Provisions) Bill 2005
     Criminal Investigation (Extra-territorial Offences) Act 1987     Part 6
                                                        amended

                                                                         s. 34


                       relation to the stopping, detaining or safe
                       keeping of the vehicle;
                 (d)   make an order as to the costs of the application.
         (6)   An order made under subsection (5)(a)(ii) may --
 5              (a) impose conditions that not only relate to the
                      release of the vehicle but also to the use that
                      may be made of the vehicle during a period set
                      by the court and specified in the order;
                (b) require a person to enter into an undertaking,
10                    with or without sureties, to comply with the
                      order.
         (7)   The amount of any expenses or costs ordered to be paid
               under subsection (5) may be recovered as a judgment
               debt in a court of competent jurisdiction from the
15             person ordered to pay them.
         (8)   For the purposes of subsection (7) a registrar of the
               Magistrates Court may issue a certified copy of the
               order and that order may be registered in a court of
               competent jurisdiction.

20                     Part 4 -- Arrest powers
      8A.      Arrest power for foreign offence
         (1)   In this section --
               "foreign offence" means an offence against the law of
                    the Commonwealth or of a place outside this State
25                  (whether in or outside Australia) that, if committed
                    in this State, would have a statutory penalty that is
                    or includes imprisonment for 12 months or more
                    or life.
         (2)   A member of the Police Force may arrest a person in
30             this State for a foreign offence if he reasonably



                                                                       page 21
     Criminal Investigation (Consequential Provisions) Bill 2005
     Part 6          Criminal Investigation (Extra-territorial Offences) Act 1987
                     amended

     s. 34


                     suspects that the person has committed or is
                     committing the offence.
               (3)   A person arrested under subsection (2) must be taken to
                     the Magistrates Court or, if he or she is under 18 years
 5                   of age, the Children's Court, as soon as practicable
                     after being arrested.
               (4)   The court to which the arrested person is taken may --
                      (a) discharge the person from custody; or
                      (b) order that the person be kept in custody until,
10                          and brought before the court on, a date set by
                            the court (the "return date") that is not less
                            than 7 days after the day on which the person
                            was arrested unless before that date a warrant
                            for the person's arrest is executed under a law
15                          of the Commonwealth.
               (5)   A court that makes an order under subsection (4)(b)
                     may grant the person bail to appear before the court on
                     the return date.
               (6)   If the arrested person is brought or appears before the
20                   court on the return date, the court must discharge the
                     person from custody unless the court is presented with
                     a warrant for the person's arrest that may be executed
                     under a law of the Commonwealth.
               (7)   If under subsection (5) the court grants the person bail
25                   and the person enters into a bail undertaking under the
                     Bail Act 1982, then --
                       (a) if a warrant for the person's arrest is executed
                             under a law of the Commonwealth before or on
                             the date on which the person has undertaken to
30                           appear, the undertaking ceases to have effect
                             when the warrant is executed;
                       (b) if paragraph (a) does not apply and the person
                             does not appear in accordance with the

     page 22
                 Criminal Investigation (Consequential Provisions) Bill 2005
     Criminal Investigation (Extra-territorial Offences) Act 1987     Part 6
                                                        amended

                                                                        s. 34


                       undertaking, the Bail Act 1982 applies and the
                       person may be dealt with accordingly.
         (8)   For the purposes this section, the Bail Act 1982 applies
               to and in respect of the arrested person as if the person
 5             had been charged with an offence against the law of
               this State.
         (9)   Proceedings under this section form part of the
               criminal jurisdiction of the Magistrates Court or the
               Children's Court.
10                                                                         ".




                                                                    page 23
     Criminal Investigation (Consequential Provisions) Bill 2005
     Part 7          Criminal Investigation (Identifying People) Act 2002 amended

     s. 35



         Part 7 -- Criminal Investigation (Identifying People)
                        Act 2002 amended
     35.           The Act amended in this Part
                   The amendments in this Part are to the Criminal Investigation
 5                 (Identifying People) Act 2002*.
                   [* Act No. 6 of 2002.
                      For subsequent amendments see Western Australian
                      Legislation Information Tables for 2004, Table 1, p. 111-12
                      and Act No. 84 of 2004.]

10   36.           Section 4 amended
                   Section 4 is amended by deleting ", acting in good faith,".

     37.           Section 15 replaced
                   Section 15 is repealed and the following section is inserted
                   instead --
15   "
             15.         Warrants, applying for
                   (1)   In this section --
                         "judicial officer" means a JP or a magistrate, as the
                              case requires.
20                 (2)   A reference in this section to making an application
                         includes a reference to giving information in support of
                         the application.
                   (3)   This section applies to and in respect of an application
                         to a judicial officer for a warrant if another section of
25                       this Act requires the application to be made under this
                         section.
                   (4)   The application must be made in person before the
                         judicial officer unless --
                           (a) the warrant is needed urgently; and

     page 24
                     Criminal Investigation (Consequential Provisions) Bill 2005
     Criminal Investigation (Identifying People) Act 2002 amended         Part 7

                                                                             s. 37



                    (b)   the applicant reasonably suspects that a judicial
                          officer is not available within a reasonable
                          distance of the applicant,
                   in which case --
 5                   (c) it may be made to a judicial officer by remote
                          communication; and
                     (d) the judicial officer must not grant it unless
                          satisfied about the matters in paragraphs (a)
                          and (b).
10          (5)    The application must be made in writing unless --
                    (a) the application is made by remote
                          communication; and
                    (b) it is not practicable to send the judicial officer
                          written material,
15                 in which case --
                     (c) it may be made orally; and
                     (d) the judicial officer must make a written record
                          of the application and any information given in
                          support of it.
20          (6)    The application must be made on oath unless --
                    (a) the application is made by remote
                          communication; and
                    (b) it is not practicable for the judicial officer to
                          administer an oath to the applicant,
25                 in which case --
                     (c) it may be made in an unsworn form; and
                     (d) if the judicial officer issues a warrant, the
                          applicant must as soon as practicable send the
                          judicial officer an affidavit verifying the
30                        application and any information given in
                          support of it.


                                                                        page 25
     Criminal Investigation (Consequential Provisions) Bill 2005
     Part 7          Criminal Investigation (Identifying People) Act 2002 amended

     s. 38



                 (7)   If on an application made by remote communication a
                       judicial officer issues a warrant, the judicial officer
                       must, if practicable, send a copy of the original warrant
                       to the applicant by remote communication, but
 5                     otherwise --
                         (a) the judicial officer must give the applicant by
                               remote communication any information that
                               must be set out in the warrant;
                         (b) the applicant must complete a form of a warrant
10                             with the information received and give the
                               judicial officer a copy of the form as soon as
                               practicable after doing so; and
                         (c) the judicial officer must attach the copy of the
                               form to the original warrant and any affidavit
15                             received from the applicant and make them
                               available for collection by the applicant.
                 (8)   The copy of the original warrant sent, or the form of
                       the warrant completed, as the case may be, under
                       subsection (7) has the same force and effect as the
20                     original warrant.
                                                                                   ".

     38.         Section 47 amended
           (1)   Section 47 is amended in the definition of "charged suspect" by
                 deleting "a serious offence" and inserting instead --
25               " an offence ".
           (2)   Section 47 is amended by deleting the definition of "identifying
                 particular" and inserting instead --
                 "
                       "identifying particular", in relation to a charged
30                          suspect charged with a serious offence, means --
                            (a) a print of the suspect's hands (including
                                  fingers), feet (including toes) or ears;


     page 26
                      Criminal Investigation (Consequential Provisions) Bill 2005
      Criminal Investigation (Identifying People) Act 2002 amended         Part 7

                                                                                 s. 39



                          (b)   a photograph of the suspect (including of an
                                identifying feature of the suspect);
                          (c) a measurement of any identifying feature of
                                the suspect;
 5                        (d) the suspect's DNA profile;
                      "identifying particular", in relation to a charged
                          suspect charged with an offence other than a
                          serious offence, means --
                          (a) a print of the suspect's hands (including
10                              fingers), feet (including toes) or ears;
                          (b) a photograph of the suspect (including of an
                                identifying feature of the suspect);
                          (c) a measurement of any identifying feature of
                                the suspect.
15                                                                                 ".
     39.     Section 83 amended
             Section 83(3)(e) is deleted and the following paragraph is
             inserted instead --
                  "
20                     (e)      the court is of the opinion that the
                                contravention arose out of a mistaken but
                                reasonable belief as to whether a person was a
                                protected person.
                                                                                   ".
25   40.     Part 14 and Schedules 1 and 2 repealed
             Part 14 and Schedules 1 and 2 are repealed.




                                                                           page 27
     Criminal Investigation (Consequential Provisions) Bill 2005
     Part 8          Criminal Procedure Act 2004 amended

     s. 41



             Part 8 -- Criminal Procedure Act 2004 amended
     41.              The Act amended in this Part
                      The amendments in this Part are to the Criminal Procedure
                      Act 2004*.
 5                    [* Act No. 71 of 2004.]

     42.              Section 30 amended
           (1)        Section 30(4) is repealed and the following subsections are
                      inserted instead --
                 "
10                    (4)   A magistrate to whom an application is made under
                            section 28 for an arrest warrant for an accused for a
                            charge of an indictable offence must not issue the
                            warrant unless satisfied --
                              (a) that the prosecution notice containing the
15                                  charge complies with section 23; and
                              (b) that there are reasonable grounds to suspect the
                                    accused committed the offence; and
                              (c) that --
                                      (i) there are reasonable grounds to suspect
20                                          that, if a summons were issued in
                                            relation to the prosecution notice, the
                                            accused would avoid service of the
                                            summons or would not obey the
                                            summons; or
25                                   (ii) the issue of the warrant is justified
                                            under subsection (5).
                     (4a)   A magistrate to whom an application is made under
                            section 28 for an arrest warrant for an accused for a
                            charge of a simple offence must not issue the warrant
30                          unless satisfied --
                              (a) that the prosecution notice containing the
                                    charge complies with section 23; and

     page 28
                   Criminal Investigation (Consequential Provisions) Bill 2005
                         Criminal Procedure Act 2004 amended            Part 8

                                                                          s. 42



                    (b)   that there are reasonable grounds to suspect the
                          accused committed the offence; and
                    (c)   that --
                             (i) there are reasonable grounds to suspect
 5                                that if a court hearing notice were issued
                                  in relation to the prosecution notice, the
                                  accused would avoid service of the
                                  court hearing notice; or
                            (ii) the presence of the accused when the
10                                prosecution notice is dealt with is likely
                                  to be necessary for any reason or for
                                  sentencing purposes; or
                           (iii) the issue of the warrant is justified
                                  under subsection (5).
15                                                                             ".
     (2)   Section 30(5)(a) is deleted and the following paragraph is
           inserted instead --
               "
                    (a)   there are reasonable grounds to suspect that if
20                        the accused were not arrested, the accused --
                             (i) would commit an offence;
                            (ii) would continue or repeat an offence
                                  charged in the prosecution notice;
                           (iii) would endanger another person's safety
25                                or property; or
                           (iv) would interfere with witnesses or
                                  otherwise obstruct the course of justice,
                                  whether in relation to the accused or any
                                  other person;
30                                                                             ".




                                                                       page 29
     Criminal Investigation (Consequential Provisions) Bill 2005
     Part 8          Criminal Procedure Act 2004 amended

     s. 43



     43.         Section 35 amended
           (1)   Section 35(1) is amended in the definition of "confessional
                 material" by deleting "(within the meaning of The Criminal
                 Code section 570)" and inserting instead --
 5               "
                      (as that term is defined in the Criminal Investigation
                      Act 2005 section 114)
                                                                               ".
           (2)   Section 35(3) is amended by deleting "The Criminal Code
10               section 570A." and inserting instead --
                 " the Criminal Investigation Act 2005 section 116. ".

     44.         Section 42 amended
                 Section 42(4) is amended by deleting "The Criminal Code
                 section 570A." and inserting instead --
15               " the Criminal Investigation Act 2005 section 116. ".

     45.         Section 61 amended
                 Section 61(4) is amended by deleting "The Criminal Code
                 section 570A." and inserting instead --
                 " the Criminal Investigation Act 2005 section 116. ".

20   46.         Section 95 amended
                 Section 95(4) is amended by deleting "The Criminal Code
                 section 570A." and inserting instead --
                 " the Criminal Investigation Act 2005 section 116. ".




     page 30
                         Criminal Investigation (Consequential Provisions) Bill 2005
                 Gaming and Wagering Commission Act 1987 amended              Part 9

                                                                                s. 47



                 Part 9 -- Gaming and Wagering Commission
                            Act 1987 amended
     47.           The Act amended in this Part
                   The amendments in this Part are to the Gaming and Wagering
 5                 Commission Act 1987*.
                   [* Reprint 3 as at 3 September 2004.
                      For subsequent amendments see Western Australian
                      Legislation Information Tables for 2004, Table 1, p. 183.]

     48.           Section 31 amended
10                 Section 31 is amended by deleting "and take before a justice".

     49.           Section 31A inserted
                   After section 31 the following section is inserted --
     "
             31A.        Powers to assist seizing things
15                       Sections 145 to 149 of the Criminal Investigation
                         Act 2005 apply to and in respect of seizing a thing that
                         is or may be seized under this Act or the Betting
                         Control Act 1954.
                                                                                    ".

20   50.           Section 32 amended
           (1)     Section 32(1) is repealed.
           (2)     Section 32(2) is amended by deleting "and either destroyed or
                   dealt with in such manner as the court, then or subsequently,
                   may approve".




                                                                             page 31
     Criminal Investigation (Consequential Provisions) Bill 2005
     Part 9          Gaming and Wagering Commission Act 1987 amended

     s. 51



     51.       Section 32A inserted
               After section 32 the following section is inserted --
     "
             32A.    Disposing of seized or forfeited things
 5             (1)   In this section --
                     "seized thing" means any thing that is seized under
                          this Act or the Betting Control Act 1954.
               (2)   The Criminal and Found Property Disposal Act 2005
                     applies to and in respect of any seized thing and any
10                   thing that is forfeited to the Crown under this Act or
                     the Betting Control Act 1954.
               (3)   For the purposes of the Criminal and Found Property
                     Disposal Act 2005 --
                      (a) the Commission is a prescribed agency;
15                    (b) the chief executive officer of the Department is
                             the chief officer of the Commission.
                                                                              ".

     52.       Section 41 amended
               Section 41(5) is amended as follows:
20               (a) by deleting "Subject to sections 90B and 90C of the
                      Police Act 1892, the" and inserting instead --
                      " The ";
                (b) by deleting "is brought before the court or is the subject
                      of an embargo notice under section 90B of the Police
25                    Act 1892" and inserting instead --
                      " has been seized ";
                 (c) by deleting "and either destroyed or dealt with in such
                      other manner as the court may, then or subsequently,
                      approve".



     page 32
                           Criminal Investigation (Consequential Provisions) Bill 2005
                                    Liquor Licensing Act 1988 amended         Part 10

                                                                                      s. 53



             Part 10 -- Liquor Licensing Act 1988 amended
     53.             The Act amended in this Part
                     The amendments in this Part are to the Liquor Licensing
                     Act 1988*.
 5                   [* Reprint 3 as at 23 April 2004.
                        For subsequent amendments see Western Australian
                        Legislation Information Tables for 2004, Table 1, p. 254-5.]

     54.             Section 113 amended
                     Section 113(3) is repealed.

10   55.             Section 155 amended
           (1)       Section 155(4) is amended as follows:
                       (a) by deleting ", carry away and take before a justice";
                      (b) by deleting "section 113" and inserting instead --
                            " this Act ".
15         (2)       Section 155(5) is repealed and the following subsection is
                     inserted instead --
                 "
                     (5)   Subject to section 161, sections 145 to 149 of the
                           Criminal Investigation Act 2005, with any necessary
20                         changes, apply to and in respect of seizing a thing that
                           is or may be seized under this Act.
                                                                                        ".

     56.             Section 172A inserted
                     After section 172 the following section is inserted in Part 6 --
25   "
             172A.         Forfeiture
                     (1)   If a court convicts a person of an offence under this Act
                           of illegally selling, supplying, consuming or storing

                                                                               page 33
     Criminal Investigation (Consequential Provisions) Bill 2005
     Part 10         Liquor Licensing Act 1988 amended

     s. 57



                     liquor, or of unlawfully possessing liquor, or of
                     possessing liquor for an unlawful purpose, the court
                     may declare all, or any specified part, of the liquor,
                     including any container or packaging, that relates to the
 5                   offence to be forfeited.
               (2)   If under section 167 an infringement notice is issued to
                     an alleged offender in respect of an alleged offence
                     under this Act of illegally selling, supplying,
                     consuming or storing liquor, or of unlawfully
10                   possessing liquor, or of possessing liquor for an
                     unlawful purpose, and the modified penalty is paid and
                     the notice is not withdrawn, any liquor, including any
                     container or packaging, that relates to the offence and
                     has been seized is forfeited.
15                                                                               ".

     57.       Section 174A inserted
               After section 174 the following section is inserted --
     "
             174A.   Application of Criminal and Found Property
20                   Disposal Act 2005
               (1)   The Criminal and Found Property Disposal Act 2005
                     applies to and in respect of any thing that is seized or
                     forfeited under this Act.
               (2)   For the purposes of the Criminal and Found Property
25                   Disposal Act 2005 the department of the Public Service
                     that principally assists the Minister to administer this
                     Act is a prescribed agency.
                                                                                 ".




     page 34
                           Criminal Investigation (Consequential Provisions) Bill 2005
                               Maritime Archaeology Act 1973 amended          Part 11

                                                                                   s. 58



       Part 11 -- Maritime Archaeology Act 1973 amended
     58.             The Act amended in this Part
                     The amendments in this Part are to the Maritime Archaeology
                     Act 1973*.
 5                   [* Reprint 1 as at 3 October 2003.
                        For subsequent amendments see Western Australian
                        Legislation Information Tables for 2004, Table 1, p. 273.]

     59.             Section 11 amended
           (1)       Section 11(1) is amended by deleting "and take the same
10                   forthwith before a Justice to be dealt with according to law".
           (2)       Section 11(2) is repealed and the following subsection is
                     inserted instead --
                 "
                     (2)   The Criminal and Found Property Disposal Act 2005
15                         applies to and in respect of any thing that is seized
                           under this section and for the purposes of that Act --
                             (a) the Museum is a prescribed agency; and
                             (b) the Director is the chief officer of the Museum.
                                                                                      ".




                                                                                 page 35
     Criminal Investigation (Consequential Provisions) Bill 2005
     Part 12         Police Act 1892 amended
     Division 1      Amendments
     s. 60



                     Part 12 -- Police Act 1892 amended
                             Division 1 -- Amendments
     60.         The Act amended in this Part
                 The amendments in this Part are to the Police Act 1892*.
 5               [* Reprint 12 as at 1 June 2005.]

     61.         Section 2 repealed
                 Section 2 is repealed.

     62.         Section 7 amended
                 Section 7(1) is amended by deleting "; and such non-
10               commissioned officers and constables shall have all such
                 powers and privileges, and be liable to all such duties and
                 obligations as any constable duly appointed now or hereafter
                 may have, or be liable to, either by the common law, or by
                 virtue of any statute law now or hereafter to be in force in the
15               said State".

     63.         Part III replaced
                 Part III is repealed and the following Part is inserted instead --
     "
                           Part III -- Special constables
20         34.         Interpretation
                       In this Part, unless the contrary intention appears --
                       "Commissioner" means the Commissioner of Police
                            appointed under section 5;
                       "police officer" means a person appointed under Part I
25                          as an officer or constable of the Police Force, other
                            than as the Commissioner;



     page 36
                 Criminal Investigation (Consequential Provisions) Bill 2005
                                    Police Act 1892 amended         Part 12
                                                Amendments       Division 1
                                                                        s. 63



                 "special constable" means a special constable
                     appointed under section 35.

     35.         Appointing and terminating special constables
           (1)   The Commissioner may appoint any person as a special
 5               constable.
           (2)   The appointment of a special constable may be for such
                 period and on such terms and conditions as the
                 Commissioner decides.
           (3)   The appointment of a special constable must not
10               include a term that provides for the payment of any
                 remuneration to a special constable unless the Minister
                 has approved the term.
           (4)   The Commissioner may at any time cancel the
                 appointment of a special constable.
15         (5)   The appointment of a special constable, its terms and
                 conditions and any cancellation of it must be in writing
                 and signed by the Commissioner.
           (6)   The Commissioner must issue a special constable with
                 a certificate of his or her appointment as a special
20               constable.
           (7)   A special constable whose appointment as such ceases
                 must return any certificate issued to him or her under
                 subsection (6) to the Commissioner.
                 Penalty: $500.

25   36.         Functions of special constables
           (1)   Unless the document appointing a special constable
                 says otherwise --
                   (a) a special constable has all of the powers, duties
                         and obligations that a police officer or a
30                       member of the Police Force has under any
                         written law other than this Act; and

                                                                     page 37
     Criminal Investigation (Consequential Provisions) Bill 2005
     Part 12         Police Act 1892 amended
     Division 1      Amendments
     s. 63



                      (b)    any authorisation, exemption or exception in
                             any written law other than this Act that applies
                             to a police officer or a member of the Police
                             Force applies to a special constable,
 5                   unless that written law expressly says otherwise.
               (2)   If a provision of a written law other than this Act refers
                     to a police officer or to a member of the Police Force
                     but does not confer a power, duty or obligation on, or
                     create an authorisation, exemption or exception for, a
10                   police officer or a member of the Police Force, the
                     provision is to be taken to include a reference to a
                     special constable, unless the contrary intention appears
                     in the provision.
               (3)   The document appointing a special constable may limit
15                   the powers, duties or obligations of the special
                     constable or the application of any authorisation,
                     exemption or exception to the special constable in any
                     way the Commissioner thinks fit.
               (4)   Without limiting subsection (3) or section 35(2), the
20                   document appointing a special constable may do any or
                     all of the following --
                       (a) limit the powers that the special constable may
                              exercise;
                       (b) limit when the special constable may exercise
25                            his or her powers or any of them;
                       (c) limit where in the State the special constable
                              may exercise his or her powers or any of them;
                       (d) limit the circumstances in which the special
                              constable may exercise his or her powers or any
30                            of them;
                       (e) limit the offences in respect of which the
                              special constable may exercise his or her
                              powers or any of them;


     page 38
                       Criminal Investigation (Consequential Provisions) Bill 2005
                                          Police Act 1892 amended         Part 12
                                                      Amendments       Division 1
                                                                              s. 64



                         (f)   limit the purposes for which the special
                               constable may exercise his or her powers or any
                               of them;
                        (g)    limit or prohibit the possession or use of any
 5                             thing that the special constable would otherwise
                               be authorised under a written law to possess or
                               use, despite the written law.
                 (5)   The document appointing a special constable may
                       require the special constable to inform the
10                     Commissioner about the exercise by the special
                       constable of any power, or the performance of any duty
                       or obligation, that he or she has under the appointment.

           37.         Special constables not in the Police Force
                 (1)   A special constable is not a member of the Police Force
15                     of Western Australia for the purposes of this Act.
                 (2)   Subsection (1) does not affect the operation of section
                       36(1) or (2) or 136.
                                                                                  ".

     64.         Part V repealed
20               Part V is repealed.

     65.         Part VI repealed
                 Part VI is repealed.

     66.         Section 123 repealed
                 Section 123 is repealed.

25   67.         Section 124 repealed
                 Section 124 is repealed.




                                                                           page 39
     Criminal Investigation (Consequential Provisions) Bill 2005
     Part 12         Police Act 1892 amended
     Division 2      Transitional provisions
     s. 68



                       Division 2 -- Transitional provisions
     68.         Existing special constables' appointments terminated
           (1)   If immediately before the commencement of section 62 a person
                 holds an appointment as a special constable made under the
 5               Police Act 1892 Part III, then on the commencement of
                 section 62 the person ceases to be a special constable.
           (2)   Subsection (1) does not prevent the appointment of a person to
                 whom it applies as a special constable under the Police Act 1892
                 Part III as inserted by section 62.

10   69.         Search warrants and related matters
           (1)   In this section --
                 "repeal day" means the day on which section 64 comes into
                      operation.
           (2)   This section does not limit the operation of the Interpretation
15               Act 1984 Part V.
           (3)   If immediately before repeal day a warrant issued under the
                 Police Act 1892 section 70 is in force but not executed, then,
                 subject to the terms of the warrant, the warrant may be executed
                 on or after repeal day and, if any thing is seized under it --
20                  (a) despite section 70 and the warrant, the thing must not be
                         taken before a Justice; and
                   (b) the Criminal and Found Property Disposal Act 2005
                         applies to and in respect of the thing.

     70.         Embargo notices
25         (1)   In this section --
                 "repeal day" means the day on which section 65 comes into
                      operation.




     page 40
                Criminal Investigation (Consequential Provisions) Bill 2005
                                   Police Act 1892 amended         Part 12
                                      Transitional provisions   Division 2
                                                                       s. 70



    (2)   If immediately before repeal day any property is subject to an
          embargo notice granted under the Police Act 1892 section 90B,
          whether the property was seized under Part V of that Act or
          under an Act that refers to that section, then on and after repeal
5         day sections 90B and 90C of that Act apply to and in respect of
          the notice as if they had not been repealed.




                                                                     page 41
     Criminal Investigation (Consequential Provisions) Bill 2005
     Part 13         Prostitution Act 2000 amended

     s. 71



                   Part 13 -- Prostitution Act 2000 amended
     71.           The Act amended in this Part
                   The amendments in this Part are to the Prostitution Act 2000*.
                   [* Reprint 1 as at 22 July 2005.]

 5   72.           Section 34 replaced
                   Section 34 is repealed and the following section is inserted
                   instead --
     "
             34.         Powers to assist seizing things
10                       Sections 145 to 149 of the Criminal Investigation
                         Act 2005, with any necessary changes, apply to and in
                         respect of seizing a thing that is or may be seized under
                         this Act.
                                                                                     ".




     page 42
            Criminal Investigation (Consequential Provisions) Bill 2005
                                  Various Acts amended         Part 14

                                                                    s. 73



           Part 14 -- Various Acts amended
73.   Various Acts amended (Sch. 1)
      Each Act listed in Schedule 1 is amended as set out in that
      Schedule immediately below the short title of the Act.




                                                               page 43
    Criminal Investigation (Consequential Provisions) Bill 2005
    Schedule 1      Various Acts amended

    cl. 1



                   Schedule 1 -- Various Acts amended
                                                                               [s. 73]

    1.         Betting Control Act 1954
    s. 31A(3)      Delete "and take before a justice".

    2.         Criminal Appeals Act 2004
    s. 6           In the definition of "decision", insert after paragraph (h) --
                      "
                          (i)   a decision made under the Criminal
                                Investigation Act 2005 section 150;
                                                                                   ".

5   3.         Disposal of Uncollected Goods Act 1970
    Schedule       Delete the column headed "Number of Act.".
                   Delete "Firearms and Guns Act 1931.".
                   Delete "Police Act 1892.".
                   Insert in the appropriate alphabetical positions --
                   "
                      Criminal and Found Property Disposal Act 2005.
                      Criminal Investigation Act 2005.
                      Firearms Act 1973.
                                                                                   ".

    4.         Energy Operators (Powers) Act 1979
    s. 74(2)       Delete "or convey him before a justice to be dealt with" and
                   insert instead --
                   " who shall deal with him ".
    s. 78          Delete "or convey him before a Justice to be dealt with" and
                   insert instead --
                   " who shall deal with him ".




    page 44
                  Criminal Investigation (Consequential Provisions) Bill 2005
                                         Various Acts amended    Schedule 1

                                                                                   cl. 5



5.          Firearms Act 1973
s. 24(5)        Delete "taken before a Justice to be".
s. 26(1)        Delete "and take".
                Delete "before a Justice to be dealt with according to law".

6.          Guardianship and Administration Act 1990
 s. 97(1)        Delete "Advocate are -- " and insert instead --
                 " Advocate are as follows -- ".
                 Delete "and" after paragraph (g).
                 Delete the full stop after paragraph (h) and insert instead a
                 semicolon.
                 After paragraph (h) insert the following paragraph --
                   "
                       (i)   any other function conferred on the Public
                             Advocate by a written law.
                                                                                     ".

7.          Industrial Relations Act 1979
Schedule 3      In clause 2(3), insert after "officer" --
                "
                     or, in the case of a special constable, the cancellation of
                     the constable's appointment
                                                                                     ".

8.          Interpretation Act 1984
s. 5            Delete the definition of "police officer" and insert instead --
                "
                   "police officer" means a person appointed under Part I
                         of the Police Act 1892 to be a member of the
                         Police Force of Western Australia;
                                                                                     ".




                                                                             page 45
    Criminal Investigation (Consequential Provisions) Bill 2005
    Schedule 1      Various Acts amended

    cl. 9



    9.          Magistrates Court Act 2004
    s. 11           After subsection (3), insert the following subsection --
                         "
                             (3a)   The Court's criminal jurisdiction includes
                                    any jurisdiction that is conferred on the
                                    Court by a written law other than this Act
                                    and that is expressly said to form part of the
                                    Court's criminal jurisdiction.
                                                                                     ".

    10.         Poisons Act 1964
    s. 53(2)        Delete "the Police Act 1892, or of ".

    11.         Prisons Act 1981
    s. 3(1)         Amend the definition of "police officer" as follows:
                    (a) insert "or" after paragraph (a);
                    (b) delete paragraph (b) and "or" after it.

    12.         Public Interest Disclosure Act 2003
    s. 3(1)         Amend the definition of "police officer" as follows --
                    (a) insert "or" after paragraph (a);
                    (b) delete paragraph (b) and "or" after it.

5   13.         Public Works Act 1902
    s. 109(3)       Delete "until he can be conveniently taken before some Justice
                    of the Peace to be dealt with according to law." and insert
                    instead --
                     "
                              who shall as soon as practicable take him to a
                              police officer or arrange for a police officer to
                              attend.
                                                                                     ".




    page 46
                   Criminal Investigation (Consequential Provisions) Bill 2005
                                          Various Acts amended    Schedule 1

                                                                             cl. 14



14.          Unclaimed Money Act 1990
s. 9(1)(h)       Delete the paragraph and insert the following paragraph
                 instead --
                                "
                                    (h)   is money that under the Criminal
                                          and Found Property Disposal
                                          Act 2005 is to be dealt with under
                                          this Act;
                                                                                  ".

15.          Western Australian Meat Industry Authority Act 1976
s. 24H(2)        Repeal the subsection and insert the following subsection
                 instead --
                    "
                        (2)   If an inspector seizes any thing under this
                              section, the inspector is a prescribed agency,
                              as that term is defined in the Criminal and
                              Found Property Disposal Act 2005, and that
                              Act applies to and in respect of the seized
                              thing.
                                                                                  ".

16.          The Western Australian Turf Club Act 1892
s. 22            Delete "constable who shall convey him with all convenient
                 dispatch before some justice without any warrant or other
                 authority than this Act and such justice" and insert instead --
                 " officer who ".




 


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