Criminal Procedure Amendment Regulations (No. 2) 2018 (WA)

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WESTERN	2421
AUSTRALIAN

GOVERNMENT

ISSN 1448-949X (print) ISSN 2204-4264 (online)
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2422 GOVERNMENT GAZETTE, WA 26 June 2018
Criminal Procedure Amendment Regulations (No. 2) 2018
r. 5
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),

26 June 2018 GOVERNMENT GAZETTE, WA 2423
Criminal Procedure Amendment Regulations (No. 2) 2018
r. 8

8. Schedule 1 Form 5A inserted
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)

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 Corrections Officer
or enter)
 Not to make contact with a particular  Comply with home detention
person
 Attend drug and alcohol testing  Comply with curfew

 Attend drug and alcohol counselling  Report to Police
 Undertake a mental health assessment  Reside at a particular address

 Undertake a physical health examination  Surrender passport

 Attend / reside at a specialist treatment  Not to consume a specified / illicit /
centre prohibited substance(s)

 Attend other counselling / programmes as  Other:
specified

Description
of breach

Signature of applicant or lawyer

Date
Applicant / applicant’s lawyer

2424 GOVERNMENT GAZETTE, WA 26 June 2018
Criminal Procedure Amendment Regulations (No. 2) 2018
r. 9

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:
9. Criminal Procedure Amendment Regulations 2018 repealed

The Criminal Procedure Amendment Regulations 2018 are
repealed.
N. HAGLEY, Clerk of the Executive Council.

———————————

PERTH, TUESDAY, 26 JUNE 2018 No. 98 SPECIAL
PUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.30 PM
© STATE OF WESTERN AUSTRALIA

Criminal Procedure Act 2004

Criminal Procedure Amendment Regulations

(No. 2) 2018

Made by the Governor in Executive Council.
1. Citation

These regulations are the Criminal Procedure Amendment
Regulations (No. 2) 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.

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Criminal Procedure Amendment Regulations (No. 2) 2018 (WA)

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ISSN 1448-949X (print)	ISSN 2204-4264 (online)
PRINT POST APPROVED PP665002/00041

(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.

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

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

 Attend drug and alcohol counselling	 Report to Police
 Undertake a mental health assessment	 Reside at a particular address

	Attend / reside at a specialist treatment		Not to consume a specified / illicit /
centre	prohibited substance(s)

	Attend other counselling / programmes as	 Other:
specified

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:

(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.

(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.