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This is a Bill, not an Act. For current law, see the Acts databases.
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: page 1 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 page 2 Police Amendment Bill 2010 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 page 3 Police Amendment Bill 2010 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. page 4 Police Amendment Bill 2010 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 page 5 Police Amendment Bill 2010 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. page 6 Police Amendment Bill 2010 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 page 7 Police Amendment Bill 2010 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. page 8 Police Amendment Bill 2010 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. page 9 Police Amendment Bill 2010 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 page 10 Police Amendment Bill 2010 s. 5 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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