Criminal Procedure Amendment Regulations 2018 (WA)

!2018100GG!

WESTERN	2427
AUSTRALIAN
GOVERNMENT

ISSN 1448-949X (print) ISSN 2204-4264 (online)

PRINT POST APPROVED PP665002/00041

PERTH, WEDNESDAY, 27 JUNE 2018 No. 100 SPECIAL PERTH, WEDNESDAY, 27 JUNE 2018 No. 100

PUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.30 PM

© STATE OF WESTERN AUSTRALIA

Criminal Procedure Act 2004

Criminal Procedure Amendment

Regulations 2018

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Criminal Procedure Amendment
Regulations 2018.

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)	the rest of the regulations — on the day after that day.

3.             Regulations amended

These regulations amend the Criminal Procedure
Regulations 2005.

4.             Regulation 13AA inserted

After regulation 13 insert:

13AA. Applications under Bail Act 1982 section 54

(1)	A person wanting to make an application under the Bail Act 1982 section 54(2)(b) must make the application by lodging a Form 5A.
(2)	The application may, but does not have to be, supported by an affidavit.

2428 GOVERNMENT GAZETTE, WA 27 June 2018

5.             Regulation 14 amended

(1)	In regulation 14(1) delete “an application” and insert:
an application, other than an application under the Bail Act 1982 section 54(2)(b),
(2)	Delete regulation 14(2) and insert:
(2) A person wanting to make the application must make the application by lodging a Form 6.
(3)	Delete regulation 14(4) and (5).
Note: The heading to amended regulation 14 is to read:

Other applications under this Subdivision

6.             Regulation 14A inserted

After regulation 14 insert:

14A. Procedure for applications under Subdivision

(1)	An application under this Subdivision must be served on each party in accordance with the CPA Schedule 2 clause 2 or 3.
(2)	The application must be heard in court and not in chambers.

7.             Regulation 15 amended

In regulation 15 delete “regulation” and insert:

regulations 13AA(1),

8.             Schedule 1 amended

In Schedule 1 after Form 5 insert:

5A. Application under Bail Act 1982 s. 54 (r. 13AA)

Court number	Application in relation to
Court location	varying or revoking bail
Date lodged	under the Bail Act 1982

s. 54(2)(b)

Criminal Procedure

Regulations 2005

Case
(Names of all
parties)

27 June 2018 GOVERNMENT GAZETTE, WA 2429

Applicant	Name
(Name of the
Address
party
applying)	Telephone No.
Application	The applicant applies under the Bail Act 1982 s. 54 in relation to the abovementioned
details	party(ies) due to a breach of the following condition(s):
 Not to be in the company of a particular  Report to a Community Corrections

person Officer

	Not to go within a specified distance of a		Obey direction of a Community
specified place or person (not to approach	Correction Officer
or enter)
	Not to make contact with a particular		Comply with curfew
person
	Attend drug and alcohol testing		Report to Police

 Attend drug and alcohol counselling  Reside at a particular address

	Attend a mental health check		Surrender passport
	Attend a physical health check		Not to consume a specified / illicit / prohibited substance(s)

	Attend a prescribed specialist treatment	 Other:
centre

Description

of breach

Signature of	Date
applicant or	Applicant / applicant’s lawyer
lawyer

HEARING DETAILS
This application will be heard on:

Date and	Date	Time	9 am or as soon after as possible
time Place

Service	On	I served a copy of the application referred to above in the following
details	manner:
Method of service: Person served:
Name of server:
Signature:

R. KENNEDY, Clerk of the Executive Council.

The Criminal Procedure Amendment Regulations 2018 were repealed by the Criminal Procedure Amendment Regulations (No. 2) 2018 regulation 9 before they came into operation, see Gazette 26 June 2018 p. 2421-4.

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