Criminal Procedure Amendment Regulations 2007 (WA)

9 November 2007 GOVERNMENT GAZETTE, WA 5611

JUSTICE

JU301*

Criminal Procedure Act 2004

Criminal Procedure Amendment

Regulations 2007

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Criminal Procedure Amendment
Regulations 2007.

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 (“Gazettal day”);
(b)	the rest of the regulations — on the day after Gazettal day.

3.             The regulations amended

The amendments in these regulations are to the Criminal
Procedure Regulations 2005.

4.             Regulation 7A inserted

After regulation 7 the following regulation is inserted in
Part 4 —

“

7A.	Public authority prescribed (CPA s. 18)
For the purposes of paragraph (c) of the definition of “authorised investigator” in the CPA section 18, the Department as defined in the Child Care Services Act 2007 section 3 is a prescribed public authority.

”.

5612 GOVERNMENT GAZETTE, WA 9 November 2007

5.             Regulation 13 replaced by Subdivision heading and new regulation 13

Regulation 13 is repealed and the following Subdivision
heading and regulation are inserted instead —

“

Subdivision 1 — Applications in or after a prosecution

13.           Application of this Subdivision

(1) This Subdivision applies to and in respect of any
application that may be made to a court of summary
jurisdiction —

(a)	in a prosecution; or
(b)	after a prosecution —

(i)      if the application could have been, but was not, made in the prosecution; or

(ii)      under the CPA section 72.

(2) This Subdivision does not apply to or in respect of an
application that may be made to a superior court.

”.

6.             Part 4 Division 2 Subdivision 2 inserted

After regulation 20 the following Subdivision is inserted —

“

Subdivision 2 — Applications not in or after a prosecution

20A.	Applications under the Crimes Act 1914 (Cwlth) section 9
(1)	An application under the Crimes Act 1914 of the Commonwealth section 9 must be made by lodging a Form 6A.
(2)	The application and any affidavit in support of it must be lodged at least 3 clear working days before the date on which it is to be heard, unless the court orders
otherwise.
(3)	The application may be heard in chambers.

”.

7.             Regulation 28A inserted

After regulation 28 the following regulation is inserted in
Part 6 —

“

28A.	Destruction or disposal of unclaimed exhibits
If an exhibit tendered in evidence to a court remains in the possession of the court after reasonable steps have been taken to identify a person who is entitled to

9 November 2007 GOVERNMENT GAZETTE, WA 5613

possession of it and to require the person to collect it
from the court, a magistrate may order a registrar to

destroy it or dispose of it in some other way.

”.

8.             Schedule 1 amended

(1)	Schedule 1 Form 6 is amended by deleting “Application in a prosecution” in both places where it occurs and inserting instead —
“ Application in or after a prosecution ”.
(2)	After Schedule 1 Form 6 the following form is inserted —

“

6A. Application under the Crimes Act 1914 (Cwlth) section 9
(r. 20A)

Criminal Procedure Act 2004	Application under the Crimes
[Name of court] at	Act 1914 (Cwlth) section 9
No:
Case	[Names of all parties]
Applicant	[Name of the party applying]
Application	The applicant applies for an order that the following forfeited
details	articles be condemned:
Signature of applicant or lawyer	Date

Applicant/Applicant’s lawyer

Hearing details This application will be heard —
on [date] at [time] or as soon after as possible,
at [place]

”.

9.             Schedule 3 amended

Schedule 3 item 4 is amended by deleting “grievous”.

10.           Schedule 4 replaced

Schedule 4 is repealed and the following Schedule is inserted
instead —

“

Schedule 4 — Listed simple offences

[r. 12]

1. Criminal Code offence

The offence under The Criminal Code section 338E
(Stalking).

2. Environmental Protection Act 1986 offences

Any simple offence under the Environmental Protection
Act 1986.

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3. Fish Resources Management Act 1994 offences

Any simple offence under the Fish Resources Management
Act 1994.

4. Liquor Control Act 1988 offences

Any simple offence under the Liquor Control Act 1988.

5. Mines Safety and Inspection Act 1994 offences

Any simple offence under the Mines Safety and Inspection
Act 1994.

6. Occupational Safety and Health Act 1984 offences

Any simple offence under the Occupational Safety and
Health Act 1984.

7. Prostitution Act 2000 offence

The offence under the Prostitution Act 2000 section 7
(Seeking to induce person to act as prostitute).

8. Restraining Orders Act 1997 offences

The offences under the following sections of the Restraining
Orders Act 1997 —

(a)	section 61(1) (Breaching a violence restraining order);
(b)	section 61(2a) (Breaching a police order).

9. Road Traffic Act 1974 offence

The offence under the Road Traffic Act 1974 section 59A
(Dangerous driving causing bodily harm).

”.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.