Police Act Amendment Act 1952 (WA)

POLICE.

1° Elizabeth II., No. XV.

No. 15 of 1952.

AN ACT to amend the Police Act, 1892-1945, and, where necessary for the purpose of reprinting, to revise certain of the Acts amending "The Police Act, 1892" (Act 55 Victoria No. 27).

[Assented to 7th November, 1952.]

BE it enacted, by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. This Act may be cited as the Police Act Short title'

Amendment Act, 1952.

2.    This Act shall come into operation on a day anii:once-

to be fixed by proclamation.

3. In this Act, unless the context requires 1,1 ,:tiegife"

otherwise

"amending Acts" means Acts 56 Victoria No. 10,

1893, 58 Victories No. 26, 1894, 62 Victorim

No. 21, 1898, 2 Edwardi VII No. 11 as

No. 15.] Police. [1952.

amended, 2 Edwardi VII No. 31, 1902 and Acts Nos 10 of 1907, 13 of 1915, 11 of 1928, 19 of 1933, 19 of 1940, 5 and 6 of 1945;

"principal Act" means the Police Act, 1892-1945, being Act 55 Victoria No. 27 as reprinted in The Statutes of Western Australia Volume II, 1883-1892, By Authority 1896, and amended by the amending Acts.

Citation of

principal Act	4. The principal Act as amended by this Act may
as amended

by this Act.	be cited as the Police Act, 1892-1952.
6.3

amended. 5. Section three of the principal Act is amended

by:

(a) substituting the number "142" for the number "138" in line twenty-five;

(b) deleting line twenty-six.

Part IX

deleted.

6. The principal Act is amended by deleting the

words and figures "Part IX—As to Appeals" after

the last line of section one hundred and thirty-eight.

Revision of

certain of the

7. (1) By way of revision, for the purpose of (2) The provisions of the last preceding subsec- tion shall not be construed so as to affect the provisions of the Amendments Incorporation Act, 1938.

provisions of

the amending

reprinting, the provisions of the amending Acts are

Acts.

amended to the extent specified in the Schedule to

this Act.

S. 7. SCHEDULE.

No. of Act. Short Title. Item. Amendment.

6 Viet. No. The Police Act 1. Add after the section number " 4 " the

10 Amentment Act, following

1893 (No. 1)

The Police Act, 1892 " is amended

by adding after section eighty-four, as

section eighty-four A the following :-

2.  Add after the section number " 5 " the following :-

" The Police Act, 1892 " is amended by adding as section eighty-four B the following :—

1952.] Police. [No. 15.

SCHEDULE—continued.

No. of Act. Short Title. Item. Amendment.

3.  Add after the section number " 6 " the following :—

" The Police Act, 1892 " is amended by adding as section eighty-four C the following :-

4.  Add after the section number " 7 " the following :-

" The Police Act, 1892 " is amended by adding as section eighty-four D the following :—

5.  Add after the section number " 8 " the following :-

" The Police Act, 1892 " is amended by adding as section eighty-four E the following r-

6.  Add after the section number " 9 " the following :-

" The Police Act, 1892 " is amended by adding as section eighty-four F the

following :-

7.  Add after the section number " 10 " the following :—

" The Police Act, 1892 " is amended by adding as section eighty-four G the following :-

8.  Add after the section number " 11 " the following :-

" The Police Act, 1892 " is amended by adding as section eighty-four H the

following :-

9.  Add after the section number " 12 " the following :—

" The Police Act, 1892 " is amended by adding as section eighty-four I the following :-

10. Section thirteen is repealed.

11.  Add after the section number " 14 " the following :—

" The Police Act, 1892 " is amended by adding as section seventy-nine A the following :—

58 Viet. No. " The Police Act, 12. Section four is repealed.

26 1892 Amend- 13. Add after the section number " 5 " the " The Police Act, 1892 " is amended by adding as section sixty-two A the following :-

ment Act, 1894 "	following :—
(No. 2)

62 Viet. No. Police Act Amend- 14. Add after the section number " 3 " the

21 ment Act, 1898 following :—

" The Police Act, 1892 " is amended

by adding as section fifty A the fol-

lowing :-

2 Edw. VII Police Act Amend- 15. Add after the section number " 2 " the The principal Act is amended by adding as section seventy-six A the following :-

No. 31 ment Act, 1902 following :-

16.  Insert after the word " vehicle " in lino two of paragraph (a) of subsection (1) of section two the words "or in any boat or vessel " and insert after the word " gold " in subsections (1) and (2) of section two respectively the words, " or pearl."

No. 15.] Police. [1952.

SCHEDULE—continued.

No. of Act. Short Title. Item. Amendment.

17.  Add after the section number " 3 " the following :-

The principal Act is amended by adding as section seventy-six B the following :—

18.  Insert after the word " gold " in lines two and five of section three the words " or pearl."

19.  Add after the section number " 4 " the following :—

The principal Act is amended by adding as section seventy-six C the following s-

20.  Insert after the word " gold " in line two of paragraph (a) of section four the words " or pearl."

21.  Add after the section number " 5 " the following :-

The principal Act is amended by adding as section seventy-six D the following :-

22.  Substitute for the word "two " in line three of subsection (1) of section five the word and letter " seventy-six A " and insert after the word " gold " in line three of paragraphs (a) and (b) of sub- section (2) of section five respectively the words " or pearl."

23.  Add after the section number " 6 " the following :-

The principal Act is amended by adding as section seventy-six E the following :—

24.  Substitute for the words " the preceding sections" in line one of section six the words and letters " sections seventy-six A, seventy-six C and seventy-six D," insert after the word " gold " in lines two and four of section six the words " or pearl " and add the following words to the section :—

" In this and the preceding sections of this Act the word pearl ' in- cludes baroque pearl and blister pearl."

25.  Add after the seetion number " 7 " the following :-

The principal Act is amended by adding as section seventy-six F the following:-

26.  Add after the section number " 8 " the following :-

The principal Act is amended by adding as section seventy-six G the following :—

27.  Substitute for the word " principal" in line seven of subsection (1) of section eight the word " this."

28.  Add after the section number " 9 " the following :—

The principal Act is amended by adding as section seventy-six H the following :—

1952.] Police. [No. 15.

SCHEDULE—continued.

No. of Act. Short Title. Item. Amendment.

29.  Substitute for the words " during any part of any Sunday " in lines two and three of paragraph (a) of subsection (I) of section nine the words, " on Christmas Day or on Good Friday in any year, or during any part of any such days respectively."

30.  Add after the section number " 10 " following :-

The principal Act is amended by adding as section fifty-eight A the following :-

31.  Add after the section number "11" the following :-

The principal Act is amended by adding as section seventy-six I the following :-

32.  Substitute for the words "In this Act" in line one of section eleven the words and letters "For the purposes of sec- tions seventy-six A to seventy-six H

No. 10 of Police Act Amend- inclusive of this Act."

1907 ment Act, 1907 33. The whole of the Act is repealed.

No. 13 of Police Act Amend-

1915 ment Act, 1915 34. Add after the section number " 2 " the

following :-

The principal Act is amended by adding as section thirty-five A the following :-

Substitute for the word " prine pal" in line four of subsection (2) of section two the word " this."

Delete the proviso to subsection

(2) of section two.

35.  Substitute for the words " Part III of the principal" in the last line of sub- section (3) of section two the word " this."

Delete the word " heretofore " in line ono of subsection (4) of section two and insert after the word " Police " in line two thereof the words " before the commencement of the Police Act Amend- ment Act, 1915."

Substitute for the word " principal " in the last line of subsection (4) of section two the word "this."

No. 11 of Police Offences

1028 (Drugs) Act, 192 36. Substitute for section two the follow-

ing s-

(1) Section three of "The Police Act, 1892" is amended by in- serting therein between Part VI and Part VII the follow- ing :—

" 94A to 94E Part VIA.

Opium and Dangerous Drugs."

(2) A Part is inserted in "The Police

Act, 1892" after section ninety-

four with the heading " Part

VIA, Opium and Dangerous

Drugs."

No. 15.] Police. [1952.

SCHEDULE—continued.

No. of Act. Short Title. Item, Amendment.

37.  Add after the section number " 3 " the following :—

" The Police Act, 1892 " is amended by adding after the heading " Part VIA, Opium and Dangerous Drugs" as section ninety-four A the follow- ing :-

38.  Substitute for the figure " 1894 " in line two of the definition of " Dentist " the figures " 1939-1947."

Substitute for the words and figure "Medical Practitioners Act, 1894" in lines two and three of the definition of "Medical practitioner" the words and figures "Medical Act, 1894-1950."

Substitute for the figure " 1910 " in line three of the definition of "Pharma- ceutical Chemist " the figures " 1910- 1948."

Insert before the word " Schedule " in the last line of subsection (3) of section three the word "Third."

39.  Add after the section number " 4 " the following :-

" The Police Act, 1892 " is amended by adding as section ninety-four B the following r-

40.  Add after the section number " 5 " the following :-

" The Police Act, 1892 " is amended by adding as section ninety-four C the following :-

41.  Add after the section number " 6 " the following :—

" The Police Act, 1892 " is amended by adding as section ninety-four D the following r-

42.  Add after the section number " 7 " the following :-

" The Police Act, 1892 " is amended by adding as section ninety-four E the following :—

Substitute for the figure " 1919 "

in line two of subsection (7) of

section seven the figure " 1950."

43.  Insert before the word " Schedule " in the first line of the Schedule the words " The Third."

No. 6 of 1945 Police Act Amend- ment Act, 1902, Amendment Act 44, The whole Act is repealed.