Police Act Amendment Act (No. 2) 1970 (WA)

No. 85.] Police (No. 2). [1970.

POLICE (No. 2).

No. 85 of 1970.

AN ACT to amend the Police Act, 1892-1970.

[Assented to 30th November, 1970.]

BE it enacted by the Queen's Most ExcellentMajesty, 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:—

Short title

and citation. 1. (1) This Act may be cited as the Police Act

Amendment Act (No. 2), 1970.

Vol. 21 Re-

printed Acts	(2)	In this Act the Police Act, 1892-1970, is
approved for

reprint 15th

referred to as the principal Act.

December,

1967 as

amended by

Acts Nos. 26	(3) The principal Act as amended by this Act
of 1968,

24 of 1969	may be cited as the Police Act, 1892-1970.
and 1 of

1970.] Police (No. 2). [No. 85.

Commence-

2. This Act or any provision thereof shall come ment.

into operation on a date or dates to be fixed by

proclamation.

3.    The principal Act is amended by adding after S. 54A added.

section 54 a section as follows—

rly

54A. (1) A disorderly assembly is an assembly assembly. assembly

of three or more persons who assemble in such a manner or who so conduct themselves when they are assembled as to give persons in the neighbourhood of the assembly reasonable grounds to apprehend that the persons so assembled

(a) will disturb the peace; or

(b) will by that assembly needlessly provoke other persons to disturb the peace.

(2) Persons lawfully assembled may become a disorderly assembly if being assembled they conduct themselves in such a manner as is referred to in subsection (1) of this section.

Any member of a disorderly assembly who, after being warned by a member of the Police Force to disperse immediately and go peaceably to his home or his lawful business, neglects or refuses to do so, commits an offence.

(3)

Penalty: One hundred dollars or a term of imprisonment not exceeding six months or both. .

S. 58 re-

4.	Section 58 of the principal Act is repealed.	pealed. (Injuring public property.)
S. 58A
5.	Section 58A of the principal Act is amended by	amended. (Damage to

substituting for the passage ", and liable, on sum-

animals,

plants, etc.

mary conviction, to a penalty not exceeding fifty

In gardens.)

dollars, or to imprisonment, with or without hard labour, not exceeding six months" in lines twelve to

No. 85.] Police (No. 2). [1970.

sixteen inclusive, the passage "Penalty: A fine not exceeding three hundred dollars or imprisonment for a term not exceeding six months or both".

Amendment

to s.69.	6. Section 69 of the principal Act is amended
(Persons sus-

pected of	(a)	by substituting for the words "one hun-
having or
stolen
conveying	dred" in line eight the words "four
goods.)	hundred"; and
(b)	by substituting for the words "six calendar months" in the last line the words "two years".
S. 80 re-

pealed and	7. Section 80 of the principal Act is repealed and
re-enacted.

(Malicious	re-enacted as follows
Injury to property.)

Wilful dam- 80. (1) Every person who wilfully or

age to

Property. maliciously destroys or damages any real or

personal property of any kind, whether owned by Her Majesty or any public or local authority or by any other person, is guilty of an offence.

Penalty: A fine not exceeding three hundred dollars or imprisonment for any term not exceeding six months or both.

(2) Subsection (1) of this section does not

apply

(a)	where the alleged offender acted under a fair and reasonable supposition that he had a right to do the act complained of; or
(b)	where the act complained of was done in the course of hunting or fishing, or in the pursuit of game and was not done with an intention to destroy or damage the property.

Vide s. 135

post. (3) On the conviction of a person for an offence against this section, the Justices may, in addition to any penalty imposed under subsection (1) of this section, order him to pay to any person such sum as they think fit by

1970.] Police (No. 2). [No. 85.

way of compensation for any damage to, or loss of, property suffered by that person through or by means of the offence.

(4) An order for payment under this section does not affect the right of any person to recover by civil proceedings any sum in excess of the amount paid pursuant to the order. .

8. Section 94B of the principal Act is amended

to a 94B.Amendment

(Cannabis or

prepared

(a)	by substituting for the passage ", sells, or	opium.)
otherwise deals in" in line one of paragraph (a) of subsection (1) the words "or pre- pares";
(b)	by deleting the passage "(b) has in his possession any cannabis or prepared opium; or" in lines four and five of subsection (1);
(c)	by repealing and re-enacting subsection (2) as follows

(2) If any person-

(a)	has in his possession any drug to which this Part of this Act applies;
(b)	sells or supplies or offers to sell or supply to another any drug to which this Part of this Act applies; or
(c)	has in his possession any drug to which this Part of this Act applies with intent to sell or supply it to another,

he is guilty of an offence against this

Part of this Act, unless

(d) in the case of an offence against paragraph (a) of this subsec- tion

(i) he is authorised under the

Poisons Act, 1964, or the

No. 85.] Police (No. 2). [1970.

regulations made there- under to be in possession of the drug; or

(ii) the drug was sold or sup- plied or requested to be sold or supplied to him by a medical practitioner or veterinary surgeon or on and in accordance with a prescription complying with that Act or those regulations;

(e) in the case of an offence against paragraph (b) or (c) of this sub- section he is authorised under the provisions of the Poisons Act, 1964 or the regulations made thereunder to manufacture, pre- pare, sell, distribute or supply the drug and the sale, supply, offer to sell or supply or intended sale or supply of the drug is or was in all respects in accordance with such authority. ; and

(d) by adding after subsection (3), subsections

as follows

(4) A person is not guilty of an offence under subsection (2) of this section by virtue of his having in his possession or attempting to obtain possession of, a drug to which this Part of this Act applies, if he proves that

(a)	he had possession, or attempted to obtain possession thereof only for the purpose of delivering it to a person referred to in para- graph (d) or (e) of that sub- section;
(b)	he had possession or attempted to obtain possession thereof pursuant to the prior written authority of such person, except

1970.1 Police (No. 2). [No. 85.

in the case of a person to whom subparagraph (ii) of paragraph (d) of that subsection applies; and

(c) after taking possession thereof, he took all such steps as were reasonably open to him to deliver it into the custody of such person.

(5) A person who is convicted of an

offence

(a)	against paragraph (a) of sub- section (2) of this section, is liable on summary conviction to a fine not exceeding two thousand dollars and to impri- sonment for a term not exceed- ing three years or both;
(b)	against paragraph (b) or (c) of subsection (2) of this section, is liable on summary conviction to a fine not exceeding four thousand dollars or to imprison- ment for a term not exceeding ten years or both, but the court convicting the person for the offence-

(i)  shall commit him for sentence before The District Court of Western Australia which may pass sentence for the offence in accordance with this section and may make such other orders in rela- tion to the convicted person as might be made by a court of summary jurisdiction convicting a person of an offence;

(ii)   by warrant shall commit the convicted person to gaol until the sittings of

No. 85.] Police (No. 2). [1970.

the court by which he is to be sentenced or admit him to bail to appear before that court for sentence.

(6) For the purposes of paragraph (c) of subsection (2) of this a

shall, until the contrary is proved, be deemed to be in possession of a drug to which this Part of this Act applies with intent to sell or supply it to another if he is in possession of a prescribed quantity or more of such drug.

(7) If, on the hearing of a complaint for an offence against paragraph (b) or (c) of subsection (2) of this section, the evidence does not establish that the defendant is guilty of that offence but is guilty of some other offence against this Part of this Act, the defendant may be convicted of that other offence and is liable to be punished accordingly. .

Amendment

to s. 94E.	9. Section 94E of the principal Act is amended
(Penalties.)

(a) by repealing subsection (1) and re-enact- ing it as follows

(1) A person who is guilty of an offence against this Part of this Act, not being an offence for which a penalty is otherwise in this Part of this Act expressly provided, is liable on summary conviction for the offence to a penalty of a fine not exceed- ing two thousand dollars or to imprison- ment for a term not exceeding three years or both. ;

(b) by adding subsections as follows

(la) Subject to subsection (lb) of this section, the court by which a person is convicted of an offence against this Part of this Act may order anything shown to the satisfaction of the court to relate to the offence, to be forfeited and either destroyed or dealt with in such other manner as the court may order.

1970.] Police (No. 2). [No. 85.

(lb) The court shall not order any- thing to be forfeited under this section, where a person claiming to be the owner of, or otherwise interested in it, applies to be heard by the court, unless an opportunity has been given to him to show cause why the order should not be made. ;

(c) by repealing and re-enacting subsection (3) as follows

(3) It is an offence for a person to attempt to commit or to incite another to commit an offence against this Part of this Act and the person is liable on summary conviction to the same penalty and forfeiture and to be dealt with as if he had been convicted of the last mentioned offence. ; and

(d) by adding a subsection as follows

(8) A complaint for an offence against paragraph (b) or (c) of subsection (2) of section ninety-four B of this Act shall be heard by a court of summary jurisdic- tion constituted by a stipendiary magis- trate sitting alone. .

10. Section 94F of the principal Act is amended Amendment

.s. .

(Inrpreta te-

by deleting the definition "to sell".	tion.)
S. 94G re-

11. Section 94G of the principal Act is repealed pealed and section sub-

and the following section substituted	stituted. (Prohibi- tion.)
Offences and

94G. (1) If a person- penalties. Vide s. 41

(a) manufactures, prepares or uses the Act No. 70 of 1964 as

drug; amended.

(b)	has in his possession the drug;
(c)	sells or supplies or offers to sell or supply the drug to another;
(d)	has in his possession the drug with intent to sell or supply it to another,

No. 85.] Police (No. 2). [1970.

he is guilty of an offence unless he is authorised by the Poisons Act, 1964 or the regulations made thereunder, so to do.

(2) A person who is convicted of an offence

(a)	against paragraph (a) or (b) of subsection (1) of this section, is liable on summary conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding three years or both;
(b)	against paragraph (c) or (d) of subsection (1) of this section, is liable on summary conviction to a fine not exceeding four thousand dollars or to imprisonment for a term not exceeding ten years or both, but the court convicting the person for the offence-

(i)   shall commit him for sentence before The District Court of Western Australia which may pass sentence for the offence in accordance with this section and may make such other orders in relation to the convicted person as might be made by a court of summary jurisdiction convict- ing a person of an offence;

(ii)   by warrant shall commit the convicted person to gaol until the sittings of the court by which he is to be sentenced or admit him to bail to appear before that court for sentence.

(3) For the purposes of paragraph (d) of subsection (1) of this section, a person shall, until the contrary is proved, be deemed to be in possession of the drug with intent to sell or supply it to another, if he is in possession of a prescribed quantity or more of the drug.

(4) If, on the hearing of a complaint for an

offence against paragraph (c) or (d) of sub-

section (1) of this section the evidence

1970.] Police (No. 2). [No. 85.

does not establish that the defendant is guilty of that offence but is guilty of some other offence against that subsection, the defendant may be convicted of that offence and is liable to be punished accordingly. .

S. 94E re-

12. Section 9411 of the principal Act is repealed

pealed and

section

and the following section substituted- substituted. (Penalties.) Search war-

9411. (1) If a Justice is satisfied by informa- tion on oath that there is reasonable grounds for

rant and

application

of 0.94E.

suspecting that the drug is in the possession of any person on any premises, the Justice may grant a search warrant authorising any member of the Police Force named in the warrant, at any time or times within one month from the date of the warrant, to enter, if need be by force, the premises named in the warrant, and to search the premises and any persons found therein.

(2) Where a member of the Police Force finds the drug in the possession of any person he may seize the drug and deliver it into the custody of a person authorised by the Minister to receive it.

(3) If any person wilfully delays or obstructs any member of the Police Force in the exercise of his powers under this section, he is guilty of an offence and is liable on summary conviction to a fine not exceeding fifteen hundred dollars or to imprisonment for a term not exceeding three years or both.

(4) Where a person is convicted of an offence against section ninety-four G of this Act, the provisions of subsections (la), (lb), (3), (4), (5), (6) and (7) of section ninety-four E of this Act apply to the person, the offence, and any pro- ceedings against the person for the offence, with such adaptations as the circumstances require, and for the purposes of giving effect to subsec- tion (7) of that section as so applied, the Governor may make regulations providing for the analysing of any drug or substance by an analyst as defined in the Health Act, 1911.

No. 85.] Police (No. 2). [1970.

(5) A complaint for an offence against para- graph (c) or (d) of subsection (1) of section ninety-four G of this Act shall be heard by a court of summary jurisdiction constituted by a stipendiary magistrate sitting alone. .

S. 138A

added. 13. The principal Act is amended by adding after

section 138 a section as follows-

Regulations.	138A. (1) The Governor may make regula- tions, not inconsistent with this Act, prescribing all matters that by this Act, are required or permitted to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) The regulations may impose penalties not exceeding in any case one hundred dollars, in respect of the contravention of any provision thereof. .