Criminal Code Amendment Act (No. 2) 1972 (WA)

WESTERN AUSTRALIA.

CRIMINAL CODE (No. 2).

No. 41 of 1972.

AN ACT to repeal and re-enact section 322 and paragraph (f) of subsection (1) of section 426 of The Criminal Code, and to add thereto section 451B.

[Assented to 16th June, 1972.]

RE it enacted by the Queen's Most Excellent

Majesty, by and with the advice and consent

of the Legislative Council and the Legislative

Assembly of Western Australia, in this present

Parliament assembled, and by the authority of the

same, as follows:-

1. (1) This Act may be cited as the Criminal Short te and citation.

Code Amendment Act (No. 2), 1972.

(2) In this Act

"the Code" means The Criminal Code set out

in the Criminal Code Act, 1913, appearing

in Appendix B to the Criminal Code

No. 41.] Criminal Code (No. 2). [1972.

Compilation Act, 1913 as reprinted with amendments to and including Act No. 1 of

1969.

Commence-

ment. 2. (1) Subject to subsection (2) of this section,

this Act shall come into operation on a date to be

fixed by proclamation.

(2) It is not necessary that the whole of this Act

shall come into operation on the one day; and the several sections may be proclaimed to come into operation on such respective days as are fixed by proclamation.

Repeat and

re-enact-	3. Section 322 of the Code is repealed and
ment of

section 322.	re-enacted as follows-
Aggravated

assaults. 322. (1) This section shall be read as being

subject to the provisions of section three

hundred and twenty of this Code.

(2) Where a person is charged before a Court of Petty Sessions with an assault attended by a circumstance of aggravation he may, at his election, be prosecuted on indictment.

(3) Where a person is summarily convicted of assault attended by a circumstance of aggravation and the Court of Petty Sessions is of the opinion that he cannot be sufficiently punished under the provisions of section three hundred and twenty-one of this Code, he is liable to a fine of two hundred dollars or to imprisonment with hard labour for one year.

(4) A person shall not be punished under the provisions of subsection (3) of this section, unless the circumstance of the aggravation by which the assault is attended is stated in the complaint.

1972.] Criminal Code (No. 2). [No. 41.

(5) For the purposes of this section, an assault is attended by a circumstance of aggravation if the person assaulted is

(a) a female;

(b)	a male child under the age of seven- teen; or
(c)	a police officer acting in the execution of his duty. .

Repeal and

4. Paragraph (f) of subsection (1) of section 426 re-enact- ment of

of the Code is repealed and re-enacted as follows paragraph. (f) of sub-

(f) Obtaining or procuring the delivery of of sectionsection (1)

anything by a false pretence or wilfully	426.
false promise, or partly by a false pretence and partly by a wilfully false promise, with intent to defraud, or obtaining credit by any false pretence or any wilfully false promise, or partly by a false pretence and partly by a wilfully false promise, or by any other fraud; .

5. The Code is amended by adding after section Addition of section 451B.

451A a section as follows-

Unlawful

451B. Any person who unlawfully interferes interference with mech-

with the mechanism or parts of any aircraft is	anism of
guilty of a crime and is liable to imprisonment	aircraft.
with hard labour for five years. .