Criminal Code Amendment Act (No. 2) 2009 (WA)

Western Australia

Criminal Code Amendment Act (No. 2) 2009

Western Australia

Criminal Code Amendment Act (No. 2) 2009

CONTENTS

Part 1 — Preliminary matters

1.	Short title	2
2.	Commencement	2
3.	The Criminal Code amended	2
Part 2 — General amendments
4.	Section 74B inserted	3

74B.	Causing fear or alarm to people in
conveyances and others 3

5.	Section 284 amended	3
6.	Section 304 amended	4
7.	Section 318A amended	4
8.	Section 451A amended	4
Part 3 — Miscellaneous short

amendments

9.	Section 27 amended	6
10.	Section 28 amended	6
11.	Section 44 amended	7
12.	Section 49 amended	7
13.	Section 228 amended	7
14.	Section 539 amended	7

Western Australia

Criminal Code Amendment Act (No. 2) 2009

No. 44 of 2009

An Act to amend The Criminal Code.

[Assented to 3 December 2009]

The Parliament of Western Australia enacts as follows:

Criminal Code Amendment Act (No. 2) 2009

Part 1	Preliminary matters
s. 1
Part 1 — Preliminary matters

1.             Short title

This is the Criminal Code Amendment Act (No. 2) 2009.

2.             Commencement

This Act comes into operation as follows —

(a)	Part 1 — on the day on which this Act receives the Royal Assent;
(b)	the rest of the Act — on the day after that day.

3. The Criminal Code amended

This Act amends The Criminal Code.

Criminal Code Amendment Act (No. 2) 2009

General amendments Part 2

s. 4

Part 2 — General amendments

4.             Section 74B inserted

At the end of Chapter IX insert:

74B.

Causing fear or alarm to people in conveyances and

others

(1) In this section —

drive a conveyance, includes to pilot an aircraft and to

navigate a vessel.

(2)

A person who, without lawful excuse —

(a)	causes an object or substance to be directed at or near, or to be placed in or near the path of, a conveyance that a person is driving; or
(b)	uses a portable device to direct a visible laser or other narrow beam of visible light at or near a conveyance that a person is driving,

in circumstances that are likely to cause fear or alarm

to any person commits a crime and is liable to

imprisonment for 7 years.

Summary conviction penalty: imprisonment for 3 years

and a fine of $36 000.

5.             Section 284 amended

After section 284(4) insert:

(5)

It is a defence to a charge of an offence under

subsection (3) to prove the death or grievous bodily

harm caused by the incident was not in any way

attributable (as relevant) to the manner (including the

speed) in which the conveyance was driven.

Criminal Code Amendment Act (No. 2) 2009

Part 2	General amendments
s. 6

6.             Section 304 amended

In section 304(1):

(a) delete “5 years.” and insert:

7 years.

(b) delete the Summary conviction penalty and insert:

Summary conviction penalty: imprisonment for 3 years

and a fine of $36 000.

7.             Section 318A amended

In section 318A:

(a) delete “who, while on board an aircraft” and insert:

who

(b) delete “the aircraft” (first and second occurrences) and insert:

an aircraft

8.             Section 451A amended

(1) After section 451A(1)(a) insert:

(ba)

does any act that endangers the free and safe

use of the aircraft; or

(2) In section 451A(2):

(a) delete “while on board an aircraft”;

Criminal Code Amendment Act (No. 2) 2009

General amendments Part 2

s. 8

(b) delete “the aircraft” and insert:

an aircraft

Criminal Code Amendment Act (No. 2) 2009

Part 3	Miscellaneous short amendments
s. 9

Part 3 — Miscellaneous short amendments

9.             Section 27 amended

In section 27:

(a) delete “A person is” and insert:

(1) A person is

(b) delete “A person whose” and insert:

(2) A person whose

(c) delete “the foregoing provisions of this section,” and insert:

subsection (1),

10.           Section 28 amended

In section 28:

(a) delete “The provisions of the last preceding section apply” and insert:

(1) Section 27 applies

(b) delete “They do not” and insert:

(2) Section 27 does not

Criminal Code Amendment Act (No. 2) 2009

Miscellaneous short amendments	Part 3
s. 11

(c) delete “When an” and insert:

(3) When an

11.           Section 44 amended

In section 44 delete “the provisions of the next following

section.” and insert:

section 45.

12.           Section 49 amended

In section 49 delete “the last 2 preceding sections” and insert:

sections 47 and 48

13.           Section 228 amended

In section 228 delete “the provisions of the last 4 preceding

sections,” and insert:

section 224, 225, 226 or 227,

14.           Section 539 amended

In section 539 delete “the last preceding section.” and insert:

section 538.