Prohibited Behaviour Orders Act 2010 (WA)

Western Australia

Western Australia

Prohibited Behaviour Orders Act 2010

An Act to enable courts to make orders that constrain offenders who have a history of anti‑social behaviour and for related purposes.

This is the Prohibited Behaviour Orders Act 2010.

This Act comes into operation as follows —

• (a)

  sections 1 and 2 — on the day on which this Act receives the Royal Assent;

• (b)

  the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

• (1)

  In this Act, unless the contrary intention appears —

adult means a person who has reached 18 years of age;

anti‑social behaviour, by a person, means behaviour that causes or is likely to cause —

• (a)

  harassment, alarm, distress, fear or intimidation to one or more persons; or

• (b)

  damage to property;

child means a person under 18 years of age;

Commissioner of Police means the person holding or acting in the office of Commissioner of Police under the Police Act 1892;

constrained person means a person on whose lawful activities and behaviour constraints are imposed by a PBO;

firearm item means any of the following as those terms are defined in the Firearms Act 2024 section 5 —

• (a)

  a firearm;

• (b)

  a major firearm part;

• (c)

  a prohibited accessory;

• (d)

  ammunition;

firearms authorisation means —

• (a)

  a licence, permit, approval or exemption under the Firearms Act 2024 that entitles a person to be in possession of a firearm item; or

• (b)

  a licence card (as defined in section 206 of that Act) issued in respect of a licence, permit, approval or exemption referred to in paragraph (a);

hearing notice means a notice in writing that specifies the date, time and place of a hearing of PBO proceedings and the terms of the PBO being sought;

party, to PBO proceedings, means —

• (a)

  the prosecutor; or

• (b)

  the person against whom the PBO is sought;

PBO proceedings means proceedings in which the court makes, varies or cancels a PBO against a person or considers doing any of those things;

prescribed means prescribed in regulations made under section 39;

prohibited behaviour order or PBO means an order made under this Act imposing constraints of the kind referred to in section 10 on a person;

prosecutor, in relation to PBO proceedings, means —

• (a)

  if the related prosecution was in the Supreme Court, the District Court or the Children’s Court exercising jurisdiction under Children’s Court of Western Australia Act 1988 section 19B(4) — the authorised officer (as defined in the Criminal Procedure Act 2004 section 80) who commenced the prosecution or another such authorised officer; or

• (b)

  if the related prosecution was in a court of summary jurisdiction — the person referred to in the Criminal Procedure Act 2004