Criminal Law Amendment Act 1996 (WA)
WESTERN AUSTRALIA
CRIMINAL LAW AMENDMENT
ACT 1996
No. 36 of 1996
AN ACT to amend —
The Criminal Code;
the District Court of Western Australia Act 1969;
the Justices Act 1902;
the Offenders Community Corrections Act 1963;
and
the Young Offenders Act 1994.
[Assented to 10 October 1996.]
The Parliament of Western Australia enacts as follows:
| No. 36] | Criminal Law Amendment Act 1996 |
s. 1
PART 1 — PRELIMINARY
Short title
1. This Act may be cited as the Criminal Law Amendment
Act 1996.
Commencement
| 2. (1) on the day on which it receives the Royal Assent. | Subject to subsection (2), this Act comes into operation |
Sections 34, 39, 40 and 42 come into operation on such day as is, or days as are respectively, fixed by proclamation.
(2)
| Criminal Law Amendment Act 1996 | [No. 36 |
s. 3
PART 2 — THE CRIMINAL CODE
The Code
| 3. | In this Part — ‘‘the Code’’ means The Criminal Code*. |
| [* | Reprinted as at 17 December 1993 as the Schedule to the Criminal Code Act 1913 appearing in Appendix B to the Criminal Code Compilation Act 1913. |
| For subsequent amendments see 1994 Index to Legislation of Western Australia, Table 1, pp. 51-3.] |
Section 1 amended
4. Section 1 (1) of the Code is amended by deleting the definition of the term ‘‘dwelling-house’’ and the paragraph following it and substituting the following definition —
‘‘
The term ‘‘dwelling’’ means any building, structure, tent, vehicle or vessel, or part of any building, structure, tent, vehicle or vessel, that is ordinarily used for human habitation, and it is immaterial that it is from time to time uninhabited;
’’.
Sections 12 and 13 repealed and sections substituted; transitional provision
| 5. (1) following sections are substituted — ‘‘ | Sections 12 and 13 of the Code are repealed and the |
Territorial application of the criminal law
12. (1) An offence under this Code or any other
law of Western Australia is committed if —
| (a) | allelementsnecessarytoconstitutethe offence exist; and |
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| (b) | at least one of the acts, omissions, events, circumstances or states of affairs that make up those elements occurs in Western Australia. |
(2) Without limiting the general operation of subsection (1), that subsection applies even if the only thing that occurs in Western Australia is an event, circumstance or state of affairs caused by an act or omission that occurs outside Western Australia.
| (3) | This section does not apply to an offence if — |
| (a) | the law under which the offence is created explicitly or by necessary implication makes the place of commission an element of the offence; or |
| (b) | the law under which the offence is created is a law of extraterritorial operation and explicitly or by necessary implication excludes the need for a territorial nexus between Western Australia and an element of the offence. |
Offences aided, counselled or procured by
persons out of Western Australia
13. When an offence under this Code or any other law of Western Australia is committed, section 7 of this Code applies to a person even if all the acts or omissions of the person in —
| (a) | enablingoraidinganotherpersonto commit the offence; |
| (b) | aidinganotherpersonincommittingthe offence; or |
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| (c) | counselling or procuring another person to commit the offence, |
occurred outside Western Australia.
’’.
Sections 12 and 13 of the Code as enacted by this section apply to acts, omissions, events, circumstances and states of affairs that occurred before the commencement of this section as well as to those that occur after that commencement.
(2)
Section 14 amended; transitional provision
6. (1) Section 14 of the Code is amended by repealing the
final paragraph.
Section 14 of the Code as amended by this section applies to acts and omissions that occurred before the commencement of this section as well as to those that occur after that commencement.
(2)
Section 74 amended
7. Section 74 of the Code is amended —
|
| ‘‘ | enter or damage a dwelling; | ’’; and |
| (b) | inparagraph(2)bydeleting‘‘dwelling-house,’’and substituting the following — |
‘‘ dwelling, ’’.
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s. 8
Section 150 amended
8. Section 150 of the Code is amended by inserting at the foot of the section the following —
‘‘
Summary conviction penalty: Imprisonment for one
year or a fine of $4 000.
’’.
Section 151 amended
9. Section 151 of the Code is amended —
|
‘‘ 2 years. ’’; and
| (b) | by deleting the second paragraph and substituting the following — |
‘‘
Summary conviction penalty: Imprisonment
for 6 months or a fine of $2 000.
’’.
Section 172 amended
10. Section 172 of the Code is amended —
|
‘‘ crime ’’;
| (b) | bydeleting‘‘2years.’’andsubstitutingthe following — |
‘‘ 3 years. ’’; and
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| (c) | by inserting at the foot of the section the following — |
‘‘
Summary conviction penalty: Imprisonment
for 18 months or a fine of $6 000.
’’.
Section 184 amended
11. Section 184 of the Code is amended by inserting at the foot of the section the following —
‘‘
Summary conviction penalty: Imprisonment for one
year or a fine of $4 000.
’’.
Section 203 amended
12. Section 203 of the Code is amended by inserting at the foot of the section the following —
‘‘
Summary conviction penalty: Imprisonment for one
year or a fine of $4 000.
’’.
Section 243 amended
13. Section 243 of the Code is amended —
|
‘‘ an ’’.
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Section 244 amended
14. Section 244 of the Code is amended —
|
‘‘ dwelling ’’; and
| (b) | bydeleting‘‘anyindictable’’andsubstitutingthe following — |
‘‘ an ’’.
Section 305 amended
15. Section 305 of the Code is amended in the third paragraph
by deleting ‘‘dwelling-house’’ in the 2 places where it occurs and
substituting the following —
‘‘ dwelling ’’.
Section 322A amended
16. Section 322A of the Code is amended —
|
byinsertingatthefootofsubsection(2)the ‘‘
Summary conviction penalty: Imprisonment
for 2 years or a fine of $8 000.
’’;
and
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| (b) |
byinsertingatthefootofsubsection(3)the ‘‘
Summary conviction penalty: Imprisonment
for 2 years or a fine of $8 000.
’’.
Section 323 amended
17. Section 323 of the Code is amended by inserting at the foot
of the section the following —
‘‘
Summary conviction penalty: Imprisonment for 2
years or a fine of $8 000.
’’.
Section 324 amended
18. Section 324 of the Code is amended by inserting at the foot
of the section the following —
‘‘
Summary conviction penalty: Imprisonment for 3
years or a fine of $12 000.
’’.
Section 338E amended
19. Section 338E (1) (c) of the Code is amended by deleting ‘‘dwelling-house,’’ and substituting the following —
‘‘ dwelling, ’’.
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s. 20
Section 378 amended
20. Section 378 (5) (b) of the Code is amended —
|
‘‘ dwelling ’’; and
| (b) | by deleting ‘‘$4 000’’ and substituting the following — ‘‘ $10 000 ’’. |
Section 395 repealed
21. Section 395 of the Code is repealed.
Section 401 amended
22. Section 401 (3) of the Code is amended by deleting ‘‘$4 000’’
and substituting the following —
‘‘ $10 000 ’’.
Section 409 amended
23. Section 409 (2) of the Code is amended by deleting ‘‘$4 000’’ and substituting the following —
‘‘ $10 000 ’’.
Section 426 amended
24. Section 426 of the Code is amended —
|
‘‘ 383 or 388 ’’;
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| (b) | insubsection(2)(a)bydeleting‘‘$4000’’and substituting the following — |
‘‘ $10 000 ’’;
| (c) | in subsection (3) (a) by inserting after ‘‘378’’ in both places it occurs the following — | |
| ||
| (d) | insubsection(3)(b)bydeleting‘‘$400’’and substituting the following — |
‘‘ $1 000 ’’;
| (e) | in subsection (4) (a) by inserting after ‘‘378’’ in both places it occurs the following — |
‘‘ , 382, 383, 388 ’’; and
| (f) | insubsection(4)(b)bydeleting‘‘$400’’and substituting the following — |
‘‘ $1 000 ’’.
Section 437 amended
25. Section 437 of the Code is amended —
|
| ‘‘ | (which term includes crustacean) | ’’; and |
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| (b) | by deleting ‘‘a fine of an amount equal to the value of the fish taken or destroyed, if any, and $10 in addition.’’ and substituting the following — |
‘‘ imprisonment for 2 years or a fine of
| $8 000. | ’’; |
Section 465 amended
26. Section 465 (2) of the Code is amended —
|
‘‘ $10 000 ’’; and
| (b) | inparagraph(b)bydeleting‘‘$10000’’and substituting the following — |
‘‘ $25 000 ’’.
Section 512 amended
27. Section 512 of the Code is amended by inserting at the foot of the section the following —
‘‘
Summary conviction penalty: Imprisonment for 2
years or a fine of $8 000.
’’.
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s. 28
Section 514 amended
28. Section 514 of the Code is amended by inserting at the foot of the section the following —
‘‘
Summary conviction penalty: Imprisonment for 18
months or a fine of $6 000.
’’.
Section 527 amended
29. Section 527 (2) of the Code is amended by deleting ‘‘$4 000’’ and substituting the following —
‘‘ $10 000 ’’.
Section 549 amended
30. Section 549 of the Code is amended by inserting at the foot of the section the following —
‘‘
Summary conviction penalty: Imprisonment for one
year or a fine of $4 000.
’’.
| No. 36] | Criminal Law Amendment Act 1996 |
s. 31
PART 3 — DISTRICT COURT OF WESTERN AUSTRALIA
ACT 1969
Principal Act
31. In this Part the District Court of Western Australia Act
1969* is referred to as the principal Act.
[* Reprinted as at 20 February 1996.]
Section 42 amended and consequential repeal
| 32. | (1) | Section 42 (2a) of the principal Act is repealed. |
| (2) | Schedule 2 to the principal Act is repealed. |
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s. 33
PART 4 — JUSTICES ACT 1902
Principal Act
33. In this Part, the Justices Act 1902* is referred to as the
principal Act.
| [* | Reprinted as at 21 June 1995.] |
Section 4 amended
34. Section 4 of the principal Act is amended in the definition
of ‘‘decision’’ —
| (a) | by deleting paragraph (b); and |
| (b) | in paragraph (e) by deleting ‘‘committal,’’. |
Section 56A amended
35. (1) Section 56A (1) of the principal Act is repealed and
the following subsection is substituted —
‘‘
(1) Notwithstanding section 56, a summons requiring a person to appear before justices at a stated time and place to answer the complaint for —
| (a) | an offence under a written law, or under a code or similar provision adopted or enacted by a written law, which is not an indictable offence; or |
| (b) | an offence under a law, or under a code or similar provision adopted or enacted by a law, of the Commonwealth that is a summary offence, |
may be served upon the person by posting by prepaid registered post, not less than 14 days before the date
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s. 35
stated in the summons for his appearance, a true copy of the summons in an envelope addressed to that person at his last known place of residence or business.
’’.
(2) Section 56A (2) of the principal Act is amended by deleting paragraph (c) and substituting the following paragraph —
‘‘
| (c) | is an offence of a type set out in subsection (1) (a) or (b), the address appearing as the address of that person, or of any premises of which he is the owner or occupier, in any licence, permit or similar document issued and in force under — | |||
| ||||
| (whether a law of this State or of the Commonwealth), |
’’.
Section 56A of the principal Act is amended by inserting after subsection (2) the following subsection —
(3)
‘‘
For the purposes of subsection (2) (c), a law
is connected with the law under which the offence is
alleged to have been committed if —
(2a)
| (a) | it is subsidiary legislation made under that law; |
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| (b) | itisthelawempoweringthemakingof that law as subsidiary legislation; |
| (c) | it is a code or similar provision adopted or enacted by that law; or |
| (d) | it is the law that adopted or enacted that law as a code or similar provision. |
’’.
Section 57A inserted
36. After section 57 of the principal Act the following section is
inserted —
‘‘
Summons, amendment of time following non-
service
57A. (1) If a summons issued under this Act on the making of a complaint is not served before the time stated in the summons for the appearance of the defendant, any justice or clerk of petty sessions, on being satisfied that the complaint was made, may amend the summons by substituting a later time for the appearance of the defendant.
An amendment under subsection (1) must be
initialled by the justice or clerk of petty sessions
making the amendment.
(2)
(3) An amendment of the time mentioned in a summons under subsection (1) does not recommence proceedings.
’’.
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s. 37
Section 97A repealed and a section substituted
37. Section 97A of the principal Act is repealed and the
following section substituted —
‘‘
Defendant not appearing may be arrested
97A. (1) If a defendant —
| (a) | is served with a summons; and |
| (b) | does not appear before justices at the time and place stated in the summons, |
the justices, if satisfied the summons was served a
reasonable time before that time, may issue —
| (c) | anothersummons,andifthatisnot obeyed, a warrant to apprehend the defendant; or |
| (d) | a warrant to apprehend the defendant. |
(2) A summons issued under subsection (1) (c)
may be served by post on the defendant.
’’.
Section 135 amended
38. Section 135 of the principal Act is amended —
|
‘‘
and may issue —
(i) asummonsand,ifitisnot obeyed, their warrant; or
(ii) their warrant,
’’;
and
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| (b) | byinsertingaftersubsection(1b)thefollowing subsection — |
‘‘
(1c) A summons issued under subsection (1) (b) (i) may be served by post on the defendant.
’’.
Section 184 amended
39. After section 184 (2) of the principal Act the following
subsection is inserted —
‘‘
A decision by justices to commit a defendant
for trial may not be the subject of an appeal under
this Part.
(3)
’’.
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s. 40
PART 5 — OFFENDERS COMMUNITY CORRECTIONS
ACT 1963
Section 20SB amended
40. The Offenders Community Corrections Act 1963* is amended in section 20SB (7) by deleting ‘‘section 119 (1)’’ and substituting the following —
| ‘‘ section 119 (2) (a) | ’’. |
[* Reprinted as at 10 October 1991.
For subsequent amendments see 1994 Index to
Legislation of Western Australia, Table 1, pp. 150-1.]
| Criminal Law Amendment Act 1996 | [No. 36 |
s. 41
PART 6 — YOUNG OFFENDERS ACT 1994
Principal Act
41. In this Part the Young Offenders Act 1994* is referred to as the principal Act.
[* Act No. 104 of 1994.
For subsequent amendments see 1994 Index to
Legislation of Western Australia, Table 1, p. 240.]
Section 119 amended
42. (1) Section 119 (1) of the principal Act is amended by
deleting ‘‘for a prescribed offence’’.
After section 119 (1) of the principal Act the following
subsection is inserted —
‘‘
(2)
(1a) A direction under subsection (1) cannot be
made unless —
| (a) | theoffenderhasreachedtheageof16 years when the sentence is imposed; and |
| (b) | the offender consents to it. |
’’.
Section 119 (2) of the principal Act is repealed and the
following subsection is substituted —
‘‘
(3)
Unless the court sentencing the offender is the Supreme Court, the District Court, or the Children’s Court constituted by or so as to include a judge, a direction under subsection (1) may only be made if —
(2)
| (a) | the offence for which the term of detention is being imposed is an offence prescribed for the purposes of this paragraph; and |
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s. 42
| (b) | the offender — | |||
|
’’.
By Authority: JOHN A. STRIJK, Acting Government Printer
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