Criminal Code Act Compilation Act 1913 (WA)

Western Australia

Western Australia

Criminal Code Act Compilation Act 1913

An Act to enact a compilation of the Criminal Code Act 1902, with its amendments and portion of the Secret Commissions Act 1905, and for other related purposes.

Preamble

Whereas the Legislative Council and Legislative Assembly on 22 December 1911, directed the compilation with its amendments of the Criminal Code Act 1902; and a compilation of the said Act and the Acts amending the same was duly made in accordance with the Statutes Compilation Act (as amended): And whereas it is desirable to repeal the Acts so compiled: And whereas in order to carry out the purposes of the Criminal Code Amendment Act 1913, it is desirable to include in the compilation the further amendments authorised to be so included by that Act, and also the provisions of the Secret Commissions Act 1905 (except section 19 thereof), and to repeal the last‑mentioned Act and the portions of the Criminal Code Amendment Act 1913, containing the said further amendments: And whereas the Acts and the parts of an Act which it is desirable to repeal are set out in the Appendix A; and the compiled Act set out in Appendix B is a true compilation of the Acts and parts of Acts so directed to be compiled or authorised to be included in the compilation as aforesaid, and it is desirable to give such compilation the force of law. Be it therefore enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:

1. Short title and commencement

This Act may be cited as the Criminal Code Act Compilation Act 1913, and shall come into operation on 1 January 1914.

2. Acts repealed

The Acts and parts of an Act set out in Appendix A are hereby repealed, and the compiled Act set forth in Appendix B is hereby enacted under the title of the Criminal Code Act 1913.

3. Savings for things done under repealed Acts

(1)      All offices, appointments, regulations, rules, convictions, sentences, judgments, orders, registers, records, certificates, and instruments, and generally all acts of authority, which originated or were operative or subsisting under any enactment repealed by this Act and hereby re‑enacted with or without modification, and which are subsisting or in force on or immediately prior to the commencement of the compiled Act shall, subject to that Act, enure for the purposes thereof as fully and effectually as if they had originated under the corresponding provisions of that Act, and accordingly shall, where necessary, be deemed to have so originated.

(2)      All offences committed against and all pending matters and proceedings commenced under any such enactment may be prosecuted,…