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


POLICE AMENDMENT BILL 2010

                   Western Australia


     Police Amendment Bill 2010

                      CONTENTS


1.   Short title                                               2
2.   Commencement                                              2
3.   Act amended                                               2
4.   Part IVB inserted                                         2
     Part IVB -- Charging for services at major events
     39D.     Purpose of this Part                       2
     39E.     Terms used                                 2
     39F.     Term used: major event                     5
     39G.     Providing and charging for services at
              major events                                5
     39H.     Minister may exempt
              government-sponsored events                 6
     39I.     Regulations prescribing amounts
              chargeable for police services at major
              events                                     7
     39J.     Recovery of amounts payable                8
     39K.     Power to waive or refund amounts
              payable                                     8
     39L.     Commissioner of Police to publish
              charging policy                             8
     39M.     Delegation by Commissioner of Police        9
     39N.     Review of Part IVB                         10
5.   Section 138AA inserted                                   11
     138AA.   Application of Financial Management
              Act 2006 and Auditor General Act 2006 to
              moneys received by Commissioner            11




                         137--3                                page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                      (As amended in committee)


               Police Amendment Bill 2010


                               A Bill for


An Act to amend the Police Act 1892.



The Parliament of Western Australia enacts as follows:




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     Police Amendment Bill 2010



     s. 1




1    1.       Short title
2             This is the Police Amendment Act 2010.

3    2.       Commencement
4             This Act comes into operation as follows --
5              (a) sections 1 and 2 -- on the day on which this Act
6                    receives the Royal Assent;
7              (b) the rest of the Act -- on a day fixed by proclamation.

8    3.       Act amended
9             This Act amends the Police Act 1892.

10   4.       Part IVB inserted
11            After section 39C insert:
12


13                 Part IVB -- Charging for services at
14                           major events
15          39D.    Purpose of this Part
16                  The purpose of this Part is to empower the
17                  Commissioner of Police to charge on a cost-recovery
18                  basis for the attendance of police officers at major
19                  sporting or entertainment events where that attendance
20                  is requested by the promoter or organiser of the event.

21          39E.    Terms used
22                  In this Part --
23                  charitable organisation means --
24                    (a) a public benevolent or religious institution;
25                    (b) a public hospital or a hospital carried on by an
26                           association or other body of persons otherwise

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                                                            s. 4



1           than for purposes of profit or gain to the
2           individual members of that association or body;
3      (c) a university;
4      (d) a government college, a government school, or
5           a college or school carried on by an association
6           or other body of persons otherwise than for
7           purposes of profit or gain to the individual
8           members of that association or body;
9      (e) a trust the moneys of which may be applied
10          only for charitable purposes;
11      (f) an institution established for any other
12          charitable purpose;
13     (g) a society, institution or organisation
14          established, and carried on, solely for the
15          purpose of raising money for, or otherwise
16          promoting the interests of, an entity that is a
17          charitable organisation under any of paragraphs
18          (a) to (f);
19   Department has the same meaning as in section 39A;
20   event --
21     (a) means an event of a sporting or entertainment
22          nature (whether it takes place wholly or partly
23          in a public place or on private property),
24          where --
25             (i) a charge is made for admission to the
26                   event or to participate in the event; or
27            (ii) the event is run for commercial gain; or
28           (iii) the event is promoted, advertised or
29                   sponsored under a commercial
30                   arrangement;
31          but




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     s. 4



1                   (b)    does not include --
2                             (i) an event run wholly or mainly for a
3                                  charitable purpose as defined in the
4                                  Charitable Collections Act 1946
5                                  section 5; or
6                            (ii) an event run by or for the benefit of a
7                                  charitable organisation; or
8                           (iii) a public event that celebrates or
9                                  commemorates a day of national or
10                                 local significance (for example, an
11                                 Australia Day public fireworks display,
12                                 or an ANZAC Day parade); or
13                          (iv) an event run for the benefit of a local
14                                 community (for example, a street fair);
15                                 or
16                           (v) a government-sponsored event
17                                 exempted by the Minister under
18                                 section 39H; or
19                          (vi) any other event or class of event
20                                 exempted from this Part by regulations
21                                 made under this Act;
22                 government-sponsored event means an event
23                 sponsored by a local government or a regional local
24                 government or the State or the Commonwealth;
25                 major event has the meaning given in section 39F;
26                 police services, in relation to an event, means the
27                 attendance of police officers at the event in order to do
28                 any of the following --
29                   (a) keep order;
30                   (b) provide an immediate emergency management
31                         capability;
32                   (c) provide traffic management in the immediate
33                         vicinity of the event.


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                                                                          s. 4



1    39F.    Term used: major event
2            In this Part --
3            major event means an event --
4              (a) that is reasonably expected by the promoter or
5                     organiser, or the Commissioner of Police, to
6                     attract at least 5 000 attendees or participants;
7                     or
8              (b) for which the Commissioner of Police
9                     reasonably considers it necessary or desirable
10                    to assign at least 10 police officers to provide
11                    police services.

12   39G.    Providing and charging for services at major events
13     (1)   If the promoter or organiser of an event requests the
14           Commissioner of Police to provide police services for
15           that event, the Commissioner may charge the promoter
16           or organiser for providing those services if the event is
17           a major event.
18     (2)   The amount that the Commissioner may charge is to be
19           determined in accordance with regulations made under
20           section 138A.
21     (3)   For the avoidance of doubt --
22            (a) this Part does not impose an obligation on the
23                   Commissioner of Police to provide police
24                   services for a major event; and
25            (b) the Commissioner is the final judge of the
26                   number of police officers required to provide
27                   police services for an event, but that does not
28                   lessen or limit any obligation that the
29                   Commissioner has --
30                     (i) to consult on the matter with the
31                           promoter or organiser of the event; and



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     s. 4



1                            (ii)   to have regard to the current charging
2                                   policy published under section 39L;
3                           and
4                     (c)   the fact that the Commissioner has agreed to
5                           provide police services for a major event does
6                           not limit the ability of the Commissioner to
7                           redeploy any police officer for another purpose
8                           that the Commissioner considers has a higher
9                           operational priority (of which the
10                          Commissioner is the sole judge).
11            (4)   If the Commissioner decides to charge a person for
12                  providing police services for an event, that person may
13                  apply to the State Administrative Tribunal for a review
14                  of the decision on the ground that what the person is
15                  promoting or organising is not an event as defined in
16                  section 39E.

17          39H.    Minister may exempt government-sponsored events
18            (1)   The Minister may, by notice published in the Gazette,
19                  exempt a government-sponsored event from the
20                  imposition of a charge under this Part if the Minister is
21                  satisfied that the event --
22                    (a) will provide significant economic benefits to
23                          the State; or
24                    (b) will provide significant publicity for the State
25                          through media coverage of the event; or
26                    (c) will contribute significantly to the State's
27                          national or international profile as a host of
28                          sporting, entertainment or other events.
29            (2)   The Minister may, by notice published in the Gazette,
30                  cancel or vary a notice given under this section.




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                                                                        s. 4



1    39I.     Regulations prescribing amounts chargeable for
2             police services at major events
3       (1)   Without limiting section 138A, regulations may be
4             made under that section prescribing the amounts
5             chargeable for the provision of police services under
6             this Part or the method of calculating those amounts.
7       (2)   The amounts, or the method of calculating the
8             amounts, are to be prescribed on a cost-recovery basis,
9             and (to avoid doubt) both the costs of the Police Force
10            and the costs of the Department may be recovered.
11      (3)   Without limiting subsection (2), the costs that may be
12            recovered include the following --
13              (a) the personnel costs associated with the time
14                   spent by a police officer in planning the
15                   deployment of police officers for an event;
16              (b) the personnel costs associated with the police
17                   officers who attend an event to provide police
18                   services;
19              (c) the overhead expenses associated with the
20                   provision of police services for an event.
21      (4)   For the purpose of determining the personnel costs of
22            police officers attending an event, the regulations may
23            prescribe or provide for --
24              (a) different hourly rates for police officers of
25                    different ranks; or
26              (b) a standard hourly rate for a police officer
27                    regardless of rank, and (without limitation) the
28                    standard hourly rate may be an average of the
29                    hourly rates of the police officers of various
30                    ranks who would normally be required to attend
31                    a major event.
32      (5)   The regulations may specify or provide for the
33            payment of a minimum amount to recover costs

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     s. 4



1                   unavoidably incurred by the Police Force or the
2                   Department where --
3                     (a) an event is cancelled or postponed or runs for a
4                          shorter period than expected; or
5                    (b) the number of police officers assigned to
6                          provide police services for an event is reduced
7                          at short notice at the request of the promoter or
8                          organiser of the event, and in that case the
9                          minimum amount applies even though the
10                         number of police officers who attend the event
11                         is fewer than the minimum number referred to
12                         in paragraph (b) of the definition of major
13                         event in section 39F.

14          39J.    Recovery of amounts payable
15                  The Commissioner of Police may recover, in any court
16                  of competent jurisdiction, as a debt due to the State,
17                  any amount due and owing under this Part in respect of
18                  the provision of police services.

19          39K.    Power to waive or refund amounts payable
20                  The Commissioner of Police may reduce, waive or
21                  refund the whole or any part of any amount payable
22                  under this Part where the Commissioner considers it
23                  appropriate to do so.

24          39L.    Commissioner of Police to publish charging policy
25            (1)   The Commissioner of Police must prepare and
26                  maintain a document setting out the policy that the
27                  Commissioner intends to follow in exercising the
28                  Commissioner's functions under this Part.
29            (2)   The policy must not be inconsistent with this Part or
30                  the regulations.



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                                                                         s. 4



1      (3)   The policy --
2             (a) must set out the following --
3                      (i) the matters that the Commissioner will
4                          take into account in determining (after
5                          consultation with the promoter or
6                          organiser of an event) the number of
7                          police officers who will provide police
8                          services for the event (which matters
9                          may be included in a risk assessment
10                         process set out in the policy);
11                    (ii) the circumstances in which the
12                         Commissioner may consider reducing,
13                         refunding or waiving amounts in
14                         accordance with section 39K;
15                  and
16            (b) may include any other matters the
17                  Commissioner considers appropriate.
18     (4)   The Commissioner may amend or replace the policy
19           from time to time.
20     (5)   The Commissioner must make the current policy
21           publicly available.

22   39M.    Delegation by Commissioner of Police
23     (1)   The Commissioner of Police may delegate any power
24           or duty of the Commissioner of Police under this Part
25           to a specified police officer or police officers of a
26           specified class.
27     (2)   A delegate must be a police officer who --
28            (a) is, or is acting as, an inspector or an officer of a
29                  rank more senior than an inspector; or
30            (b) is the officer in charge of a police station.




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     s. 4



1              (3)   The delegation must be in writing signed by the
2                    Commissioner.
3              (4)   A police officer to whom a power or duty is delegated
4                    under this section cannot delegate that power or duty.

5           39N.     Review of Part IVB
6              (1)   In this section --
7                    commencement day means the day on which the
8                    Police Amendment Act 2011 section 4 comes into
9                    operation.
10             (2)   The Minister is to carry out a review of the operation
11                   and effectiveness of this Part as soon as is practicable
12                   after the expiration of 36 months after the
13                   commencement day, and in the course of that review
14                   the Minister is to consider and have regard to --
15                     (a) the effectiveness of this Part; and
16                     (b) the need for the retention of this Part; and
17                     (c) any other matters that appear to the Minister to
18                           be relevant to the operation and effectiveness of
19                           this Part.
20             (3)   The Minister is to prepare a report based on the review
21                   and, as soon as is practicable after the report is
22                   prepared, cause it to be laid before each House of
23                   Parliament.
24




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1    5.     Section 138AA inserted
2           After section 138 insert:
3


4         138AA. Application of Financial Management Act 2006 and
5                Auditor General Act 2006 to moneys received by
6                Commissioner
7           (1)   In this section --
8                 Department has the same meaning as in section 39A.
9           (2)   For the purposes of the Financial Management
10                Act 2006 and the Auditor General Act 2006, moneys
11                received by the Commissioner of Police under this Act
12                or another written law are moneys received by the
13                Department.




 


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