Criminal Code Amendment (COVID-19 Response) Act 2020 (WA)

Western Australia

Criminal Code Amendment (COVID-19 Response) Act 2020

Western Australia

Criminal Code Amendment (COVID-19 Response) Act 2020 Contents

Western Australia

Criminal Code Amendment (COVID‑19 Response) Act 2020

Criminal Code Amendment (COVID‑19 Response) Act 2020

No. 8 of 2020

An Act to amend The Criminal Code in response to the COVID‑19 pandemic.

[Assented to 3 April 2020]

The Parliament of Western Australia enacts as follows:

1.Short title

This is the Criminal Code Amendment (COVID‑19 Response) Act 2020.

2.Commencement

This Act comes into operation as follows —

• (a)

  sections 1 and 2 — on the day on which this Act receives the Royal Assent (assent day);

• (b)

  sections 4(2) and 5(3) — on the day after the period of 12 months beginning on the day after assent day;

• (c)

  the rest of the Act — on the day after assent day.

3.Act amended

This Act amends The Criminal Code.

4.Section 318 amended

• (1)

  After section 318(1) insert:

   
• (1A)

  For the period of 12 months beginning on the day on which the Criminal Code Amendment (COVID‑19 Response) Act 2020 section 4(1) comes into operation, subsection (1) applies as if amended by inserting after paragraph (l) —

   
  • (la)

    to imprisonment for 10 years if —

    • (i)

      at the commission of the offence the offender knows that the offender has COVID‑19; or

    • (ii)

      at or immediately before or immediately after the commission of the offence the offender makes a statement or does any other act that creates a belief, suspicion or fear that the offender has COVID‑19;

  or

   
• (2)

  Delete section 318(1A).

5.Section 338B amended

• (1)

  In section 338B delete “Any person” and insert:

   
• (1)

  Any person

   
• (2)

  At the end of section 338B insert:

   
• (2)

  For the period of 12 months beginning on the day on which the Criminal Code Amendment (COVID‑19 Response) Act 2020 section 5(2) comes into operation, subsection (1) applies as if amended as follows —

  • (a)

    after paragraph (a) insert:

     
  • (aa)

    where the threat is to injure, endanger or harm a person referred to in section 318(1)(d) to (k) by exposing the person to COVID‑19, to imprisonment for 7 years;

     
  • (b)

    in the Summary conviction penalty paragraph (a) after “paragraph (a)” insert:

     

  or (aa)

   
• (3)

  Delete section 338B(2).