Criminal Code Amendment Act 1999 (WA)
| Western Australia |
Criminal Code Amendment Act 1999
No. 35 of 1999
An Act to amend The Criminal Code.
[Assented to 18 October 1999]
The Parliament of Western Australia enacts as follows:
1. Short title
| This Act may be cited as the Criminal Code Amendment Act 1999. |
Criminal Code Amendment Act 1999
s. 2
2. Criminal Code amended
| The amendments in this Act are to The Criminal Code*. [* Reprinted as at 21 April 1997 as the Schedule to the Criminal |
Code Act 1913 appearing in Appendix B to the Criminal and 48 of 1998.]
Code Compilation Act 1913.
For subsequent amendments see 1997 Index to Legislation of
3. Section 570 amended
Section 570(1) is amended as follows:
| (a) | by inserting, in the appropriate alphabetical positions, the following definitions — |
“
“Anti-Corruption Commission official” means an
officer of the Commission, a seconded officer,
service provider, or a special investigator, within
the meaning of section 3(1) of the Anti-Corruption
Commission Act 1988;
“Parliamentary Commissioner” means the
Parliamentary Commissioner for Administrative Commissioner, Deputy Commissioner or officer of the Commissioner, within the meaning of section 4 of that Act;
Investigations appointed under the Parliamentary
”;
| (b) | by deleting the definition of “interview” and inserting instead — |
“
“interview” means an interview with a suspect by —
| (a) | a member of the Police Force; or |
Criminal Code Amendment Act 1999
s. 4
| (b) | an Anti-Corruption Commission official; |
”.
4. Section 570B amended
| (1) | Section 570B(1) is amended in the definition of “authorized person” by inserting after paragraph (d) the following — |
“
| (da) | a member of the Anti-Corruption Commission or an Anti-Corruption Commission official; |
| (db) | the Parliamentary Commissioner; |
”.
| (2) | Section 570B(3) is amended by deleting “, other than a member of the Police Force acting in the course of duty, ”. |
| (3) | After section 570B(3) the following subsection is inserted — |
“
| (3a) | Subsection (3) does not apply to — |
| (a) | a member of the Police Force; |
| (b) | an Anti-Corruption Commission official; or |
| (c) | the Parliamentary Commissioner, |
when acting in the course of duty.
”.
| (4) | Section 570B(4) is amended by inserting after “duty” — |
| “ |
or an Anti-Corruption Commission official acting in
the course of duty
”.
| (5) | Section 570B(5) is amended by inserting after “(d)” — “ , (da), (db) ”. |
Criminal Code Amendment Act 1999
| s. | 5 | |
|
5. Section 570D amended
Section 570D(1) is amended, in the definition of “admission”, by inserting after “Force” —
“ or an Anti-Corruption Commission official ”.
6. Section 570G amended
After section 570G(3) the following subsection is inserted —
“
| (4) | In this section — |
| “interview” means an interview with a suspect by a |
member of the Police Force.
”.
7. Section 570GA inserted
After section 570G the following section is inserted —
| “ |
570GA. Videotapes to be retained by the Anti-Corruption
Commission
| (1) | If an interview is videotaped, the Anti-Corruption Commission shall ensure that a videotape of the interview is kept in safe custody for at least 5 years. |
| (2) | If the Supreme Court is satisfied there is good cause for keeping a videotape of an interview for more than 5 years, it may order the Anti-Corruption Commission to keep a videotape of the interview for such additional period as the Court thinks fit. |
Criminal Code Amendment Act 1999
s. 8
| (3) | Subject to subsection (1), the Anti-Corruption Commission may, in writing, authorize a person to erase videotapes of interviews. |
| (4) | In this section — |
| “interview” means an interview with a suspect by an |
Anti-Corruption Commission official.
”.
8. Section 570H amended
Section 570H(2) is amended after paragraph (b) by inserting the following paragraph —
“
| (ba) | an Anti-Corruption Commission official; |
”.
By Authority: JOHN A. STRIJK, Government Printer
0
0
0