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


POLICE AMENDMENT BILL 1998

                           Western Australia



                     LEGISLATIVE ASSEMBLY




            Police Amendment Bill 1998
                               A Bill for


An Act to amend the Police Act 1892 and to consequentially amend
the Young Offenders Act 1994.




The Parliament of Western Australia enacts as follows:




                                                            page 1


                                2--1
    Police Amendment Bill 1998
    Part 1      Preliminary

    s. 1



                           Part 1 -- Preliminary
    1.       Short title
             This Act may be cited as the Police Amendment Act 1998.

    2.       Commencement
5            This Act comes into operation on such day as is fixed by
             proclamation.




    page 2
                                                           Police Amendment Bill 1998
                                                Police Act 1892 amended        Part 2

                                                                                    s. 3



                          Part 2 -- Police Act 1892 amended
     3.             The Act amended by this Part
                    The amendments in this Part are to the Police Act 1892*.
                    [* Reprinted as at 31 January 1997.
 5                     For subsequent amendments see 1997 Index to Legislation of
                       Western Australia, Table 1, pp. 182-4 and Act No. 10
                       of 1998.]

     4.             Section 65 amended
          (1)       After section 65(1) the following paragraph is inserted --
10              "
                    (2)   Every person who has in his possession any thing with
                          the intention of using it to cause damage consisting of
                          graffiti.
                                                                                     ".
15        (2)       Section 65 is amended by inserting at the end of the section the
                    following paragraph --
                    "
                          A person is presumed to have had the intention referred
                          to in paragraph (2) if --
20                          (a) the person had possession of the thing in
                                  circumstances that give reasonable grounds for
                                  suspecting that the person had the intention;
                                  and
                            (b) the contrary is not proved.
25                                                                                   ".




                                                                                page 3
     Police Amendment Bill 1998
     Part 2      Police Act 1892 amended

     s. 5



     5.             Section 67B inserted
                    After section 67A the following section is inserted --
     "
            67B.          Search and seizure on reasonable suspicion
 5                        A police officer or constable may without warrant --
                           (a) stop, detain and search any person who the
                                 officer or constable suspects on reasonable
                                 grounds to be committing an offence under
                                 section 65, 66 or 67; and
10                         (b) seize any thing that the officer or constable
                                 suspects on reasonable grounds relates to the
                                 commission of the offence.
                                                                                   ".

     6.             Section 76 amended
15        (1)       Section 76 is amended by inserting after the section designation
                    "76." the subsection designation "(1)".
          (2)       After section 76(1) the following subsection is inserted --
                "
                    (2)   Despite subsection (1), if --
20                         (a) possession of the goods or chattels is unlawful;
                                 or
                           (b) the Commissioner of Police is satisfied that the
                                 goods or chattels are valueless,
                          the Commissioner may dispose of the goods or chattels
25                        in such manner as the Commissioner thinks fit.
                                                                                   ".



     page 4
                                                     Police Amendment Bill 1998
                                 Young Offenders Act 1994 amended        Part 3

                                                                               s. 7



          Part 3 -- Young Offenders Act 1994 amended
     7.     The Act amended by this Part
            The amendments in this Part are to the Young Offenders
            Act 1994*.
 5          [* Reprinted as at 26 November 1996.
               For subsequent amendments see 1997 Index to Legislation of
               Western Australia, Table 1, p. 259 and Act No. 29 of 1998.]

     8.     Section 23A amended
            Section 23A(2) is amended as follows:
10            (a) by deleting the full stop at the end of paragraph (g) and
                   substituting the following --
                   " ; and ";
             (b) after paragraph (g) by inserting --
                  "
15                     (h)   a description of any thing seized by the police
                             officer in relation to the offence.
                                                                                ".

     9.     Section 23B inserted
            After section 23A the following section is inserted in
20          Division 1 --
     "
          23B.        Police officer may retain a thing relating to an
                      offence
            (1)       If a police officer --
25                      (a) under a written law, seizes from a young person
                               a thing relating to an offence; and


                                                                          page 5
     Police Amendment Bill 1998
     Part 3      Young Offenders Act 1994 amended

     s. 9



                     (b)    gives a caution to the young person for the
                            offence,
                    the police officer may retain the thing or release it to an
                    appropriate person.
 5            (2)   A police officer who retains a thing under
                    subsection (1) must, after 48 hours after giving the
                    caution, make the thing available for collection by an
                    appropriate person, unless the thing can be retained
                    under any other law.
10            (3)   In this section --
                    "appropriate person", in relation to a thing seized
                             from a young person, means a person who --
                            (a) owns the thing, is authorized by the owner
                                  to possess it or, if the young person is the
15                                owner, is a responsible adult in relation to
                                  the young person; and
                            (b) is not prohibited by law from possessing
                                  the thing.
                                                                                  ".
20




 


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