Criminal Code Amendment Act 2001 (WA)

Western Australia

Criminal Code Amendment Act 2001

Western Australia

Criminal Code Amendment Act 2001

CONTENTS

1.	Short title	1
2.	Commencement	1
3.	Section 338C replaced	2

338C.	Statements or acts creating false
apprehension as to the existence of
threats or danger 2

Western Australia

Criminal Code Amendment Act 2001

No. 34 of 2001

An Act to amend The Criminal Code.

[Assented to 7 January 2002]

The Parliament of Western Australia enacts as follows:

1.             Short title

This Act may be cited as the Criminal Code Amendment

Act 2001.

2.             Commencement

This Act comes into operation on the day on which it receives

the Royal Assent.

Criminal Code Amendment Act 2001

s. 3

3.             Section 338C replaced

Section 338C of The Criminal Code* is repealed and the

following section is inserted instead —

“

338C.

Statements or acts creating false apprehension as to

the existence of threats or danger

(1)

Any person who makes a statement or conveys

information which that person knows to be false and

which expressly indicates, or may reasonably be

construed as indicating —

(a)	that a threat to unlawfully do anything mentioned in section 338(a), (b), (c) or (d) has been made; or
(b)	that there has been, is, or is to be an intention, proposal, plan or conspiracy to unlawfully do anything mentioned in section 338(a), (b), (c) or (d),

is guilty of a crime.

(2) Any person who —

(a)	does any act with the intention of creating a belief, suspicion or fear that anything mentioned in section 338(a), (b), (c) or (d) is being, or has been, unlawfully done or attempted; and
(b)	knows, at the time of doing that act, that the circumstance with respect to which the belief, suspicion or fear is intended to be created does not exist,

is guilty of a crime.

Criminal Code Amendment Act 2001

s. 3

(3)

A person who commits a crime under this section is

liable to —

(a) imprisonment for 10 years if the —

(i)      threat referred to in subsection (1)(a);

(ii)      intention, proposal, plan or conspiracy referred to in subsection (1)(b); or

(iii)      belief, suspicion or fear referred to in subsection (2)(a),

relates to something mentioned in

section 338(a), (b) or (c); or

(b) imprisonment for 3 years in any other case.

Summary conviction penalty:

(c)

in a case to which paragraph (a) applies:

Imprisonment for 3 years or a fine of

$12 000; or

(d)

in a case to which paragraph (b) applies: Imprisonment for 18 months or a fine of $6 000.

(4)

A court convicting a person of a crime under this

section may, in addition to, or without, imposing any

penalty, order that person to pay the amount of any

wages attributable to, or expenses reasonably incurred

with respect to, any investigation, inquiry or search

made, whether by a member of the Police Force or

otherwise, as a result of the statement, information or

act by reason of which the person is convicted.

(5)

An order made under subsection (4) —

(a)	must specify to whom and in what manner the amount is to be paid; and
(b)	may be enforced as though the amount so ordered to be paid were a penalty imposed under this section.

Criminal Code Amendment Act 2001

s. 3

”.

[* Reprinted as at 9 February 2001 as the Schedule to the

Criminal Code Act 1913 appearing as Appendix B to the

Criminal Code Compilation Act 1913.]