Criminal Investigation Amendment Regulations 2008 (WA)

13 June 2008 GOVERNMENT GAZETTE, WA 2519

JU301*

Criminal Investigation Act 2006

Criminal Investigation Amendment

Regulations 2008

Made by the Lieutenant-Governor and deputy of the Governor in
Executive Council.

1.            Citation

These regulations are the Criminal Investigation Amendment
Regulations 2008.

2.            Commencement

These regulations come into operation as follows:

(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)	on the day on which the Acts Amendment (Justice)

the rest of the regulations — on the day after that day or the later.

Investigation Regulations 2007.

3.            The regulations amended

The amendment in these regulations is to the Criminal

2520 GOVERNMENT GAZETTE, WA 13 June 2008

4.            Schedule 1 amended

Schedule 1 is amended by inserting before Form 1 the following -

46  

1A.	Move on order (Act s. 27)
Western Australia	Serial Number

Move on order

Criminal Investigation Act 2006 s. 27 MO

To Given names: Surname:

Address	No. & Street
Town/suburb Postcode:

Date of birth 0 M 0 F I MDL/ID No.

Order	Under the Criminal Investigation Act 2006 s. 27, I order you to
leave-2
[Optional.	In addition—
Tick	3 ü i order you to go—

whichever U beyond rn/km from the above place; or

apply] U beyond the area bounded by-

401 order you to obey the above order(s) until pm. am.

on / /20

Warning	If you do not obey this order you may be liable to a fine of $12 000 and imprisonment for 12 months.
Issuing	I issue this order on this date and at this time Date 20
officer's	Signature Time
signature	Rank & surname
and details	Registered No. I Station/squad I
Witnessing	Rank & surname
officer	Registered No. I Station/squad I
Recipient's	I acknowledge receiving this order. I understand what it says.
signature	[Optional]

13 June 2008 GOVERNMENT GAZETTE, WA 2521

Conduct	The recipient—
giving rise	0 (a) was doing an act—

to order	0	(i)	that involved the use of violence against a person; or
[Tick	0	(ii)	that will cause a person to use violence against
whichever	another person; or
apply]	0	(iii)	that will cause a person to fear violence will be used by a person against another person; or

0 was just about to do an act likely to-

(b)

0	(i)	involve the use of violence against a person; or
O	(ii)	cause a person to use violence against another person; or
0	(iii)	cause a person to fear violence will be used by a person against another person; or

O	(c)	was committing any other breach of the peace; or
O	was hindering, obstructing or preventing any lawful
(d)
activity being, or about to be, carried Out by another person; or
O	(e)	was intending to commit an offence; or
O	(f)	had just committed or was committing an offence.

Description of any offence that was or was about to be
committed-

0 Disorderly behaviour in public (The Criminal Code

s. 74A)

O Obstructing public officer (The Criminal Code s. 172)

O Consuming liquor contrary to the Liquor Control

Act 1988 s. 119

0 Other:

Recipient's other details

Identifying Height:  cm I Build: Hair colour: Facial hair:

information

Other: '

Dress

Ethnic

0 Aboriginal 0 Arab/Middle Eastern 0 Caucasian

appearance

0 East Asian 0 Indian/Pakistani

0 African/Afro-American	0 Pacific Islander/Maori
0 South/Central American  0 Other:	0 Southern European

Additional 

Vehicle involved? Yes/No.

information 

If yes, recipient was driver/passenger.

Reg No:  Colour, make & model:

Other information:

Officer's 
notes 

Notes and instructions for move on order form -

1. officer to order a person who is in a public place, or in a vehicle
used for public transport, to leave it, or a part of it if the officer
reasonably suspects that the person is doing one of the things listed
in s. 27(1) (see the conduct part of the form).

The Criminal Investigation Act 2006 s. 27(1) allows a police account the likely effect of the order on the person, including but not limited to the effect on the person's access to the places where he or she usually resides, shops and works, and to transport, health, education or other essential services. (See s. 27(3)).

2.  Specify the public place, or vehicle used for public transport, or the part of it, from which the person is being ordered to move.

3. This distance or area must be reasonable (see s. 27(2)(a)).

2522 GOVERNMENT GAZETTE, WA 13 June 2008

4.  This period must be reasonable and not longer than 24 hours (see s. 27(2)(b)).

5. E.g. tattoos, scars, marks, piercings.
6. Ethnic appearance must be stated and recorded on IMS.

By Command of the Lieutenant-Governor and deputy of the Governor,

G. M. PIKE, Clerk of the Executive Council.