Police Amendment Act 1998 (WA)

Western Australia

Police Amendment Act 1998

No. 47 of 1998

An Act to amend the Police Act 1892 and to consequentially amend the Young Offenders Act 1994.

[Assented to 19 November 1998]

The Parliament of Western Australia enacts as follows:

Police Amendment Act 1998

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1.             Short title

This Act may be cited as the Police Amendment Act 1998.

2.             Commencement

This Act comes into operation on such day as is fixed by proclamation.

Police Amendment Act 1998

Police Act 1892 amended Part 2

s. 3

Part 2 — Police Act 1892 amended

3.             The Act amended by this Part

The amendments in this Part are to the Police Act 1892*.

[* Reprinted as at 31 January 1997.

For subsequent amendments see 1997 Index to Legislation of of 1998.]

4.             Section 65 amended

(1) After section 65(1) the following paragraph is inserted —

“

(2) Every person who has in his possession any thing with the intention of using it to cause damage consisting of graffiti.

”.

(2)

Section 65 is amended by inserting at the end of the section the

following paragraph —

“

A person is presumed to have had the intention referred to in paragraph (2) if —

(a)	the person had possession of the thing in circumstances that give reasonable grounds for suspecting that the person had the intention; and
(b)	the contrary is not proved.

”.

Police Amendment Act 1998

Part 2	Police Act 1892 amended
s. 5

5.             Section 67B inserted

After section 67A the following section is inserted —

“

67B. Search and seizure on reasonable suspicion

(1) A police officer or constable may without warrant —

(a)	stop, detain and search any person who the officer or constable suspects on reasonable grounds to be committing an offence under section 65, 66 or 67; and
(b)	seize any thing that the officer or constable suspects on reasonable grounds relates to the commission of the offence.

(2)

When a police officer or constable proposes to carry

out a search under this section, the officer or constable

must explain to the person to be searched that failure to

comply with the demand is an offence against this Act.

”.

6.             Section 76 amended

(1)

Section 76 is amended by inserting after the section designation

“76.” the subsection designation “(1)”.

(2)

After section 76(1) the following subsection is inserted —

“

(2) Despite subsection (1), if —

(a) possession of the goods or chattels is unlawful; or

Police Amendment Act 1998

Police Act 1892 amended Part 2

s. 6

(b) the Commissioner of Police is satisfied that the goods or chattels are valueless,

the Commissioner may dispose of the goods or chattels

in such manner as the Commissioner thinks fit.

”.

Police Amendment Act 1998

Part 3	Young Offenders Act 1994 amended
s. 7

Part 3 — Young Offenders Act 1994 amended

7.             The Act amended by this Part

The amendments in this Part are to the Young Offenders

Act 1994*.

[* Reprinted as at 26 November 1996.

For subsequent amendments see 1997 Index to Legislation of

Western Australia, Table 1, p. 259 and Act No. 29 of 1998.]

8.             Section 23A amended

Section 23A(2) is amended as follows:

(a)

by deleting the full stop at the end of paragraph (g) and “ ; and ”;

(b) after paragraph (g) by inserting —

“

(h) a description of any thing seized by the police officer in relation to the offence.

”.

9.             Section 23B inserted

After section 23A the following section is inserted in

Division 1 —

“

23B.

Police officer may retain a thing relating to an

offence

(1) If a police officer —

(a) under a written law, seizes from a young person a thing relating to an offence; and

Police Amendment Act 1998

Young Offenders Act 1994 amended Part 3

s. 9

(b) gives a caution to the young person for the offence,

the police officer may retain the thing or release it to an

appropriate person.

(2)

A police officer who retains a thing under

subsection (1) must, after 48 hours after giving the

caution, make the thing available for collection by an

appropriate person, unless the thing can be retained

under any other law.

(3)

In this section —

“appropriate person”, in relation to a thing seized

from a young person, means a person who —

(a)	owns the thing, is authorized by the owner to possess it or, if the young person is the owner, is a responsible adult in relation to the young person; and
(b)	is not prohibited by law from possessing the thing.

”.

By Authority: JOHN A. STRIJK, Government Printer