Prohibited Behaviour Orders Regulations 2011 (WA)
Western Australia
Prohibited Behaviour Orders Act 2010
Western Australia
Prohibited Behaviour Orders Act 2010
These regulations are the
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 on which the
Prohibited Behaviour Orders Act 2010 , other than sections 1 and 2, comes into operation.
In these regulations, unless the contrary intention appears —
Each offence —
(a) under a provision listed in Schedule 1 column 1; and
(b) committed in the circumstances, if any, specified in Schedule 1 column 2,
is a prescribed offence for the purposes of section 3(2).
(1) In this regulation —
(a) 24 hours; or
(b) a shorter period, if any, ordered by the court under section 30(4).
(2) This regulation applies for the purposes of section 30(1).
(3) Within the prescribed period after he or she is given a PBO described in section 29, or an order varying a PBO so that it becomes a PBO described in section 29, the constrained person must —
(a) if the constrained person holds a firearms authorisation, give it to a police officer at a police station; and
(b) if the constrained person is in physical possession of a firearm item, give it to —
(i) a police officer at a police station; or
(ii) a co‑licensee of the firearm item, if there is one.
(1) This regulation applies for the purposes of sections 30(2) and 31.
(2) The firearm item or firearms authorisation must be held in safe custody by the Commissioner until —
(a) in the case of the firearm item —
(i) it is claimed under regulation 7(1) or (2); or
(ii) it can be lawfully disposed of by the Commissioner;
or
(b) in the case of a firearms authorisation —
(i) it is claimed under regulation 7(2); or
(ii) it ceases to be in force under the
Firearms Act 2024 .
[(3) deleted]
(1) A co‑licensee may claim a firearm item held by the Commissioner under regulation 6.
(2) A constrained person may, after the PBO ceases to be in force, claim a firearm item or firearms authorisation held by the Commissioner under regulation 6.
(3) A claim made under subregulation (1) or (2) must be made in a form approved by the Commissioner.
(4) Subject to subregulation (5), the Commissioner must give the firearm item or firearms authorisation to the claimant.
(5) This regulation —
(a) is subject to the exercise by the Commissioner of functions under the
Firearms Act 2024 Part 4 Division 8 or 9, Part 8 or any other provision of that Act; and(b) does not require the Commissioner to return a firearm item or firearms authorisation to a person if the Commissioner is not satisfied the person is entitled to its lawful possession under the
Firearms Act 2024 .
(1) In this regulation —
(2) After a court makes a PBO under section 6(2) or 24(2)(b), a registrar must cause to be given to the CEO written notice of the following information relating to the PBO —
(a) the name of the constrained person;
(b) the town or suburb where the constrained person lives;
(c) the constraints imposed by the PBO on the activities and behaviour of the constrained person.
(3) After a court makes an order under section 24(2)(a) varying a PBO, a registrar must cause to be given to the CEO written notice of any changes to information referred to in subregulation (2) relating to the PBO.
(4) After a court makes an order under section 24 cancelling a PBO, a registrar must cause to be given to the CEO written notice of that fact.
[r. 4]
s. 32 | Offences of lighting or attempting to light fire likely to injure |
s. 68B | Being armed in or near place of public entertainment |
s. 68C | Being armed in public in company |
s. 68 | Being armed in a way that may cause fear |
s. 69 | Forcibly entering land |
s. 70A | Trespass |
s. 71 | Fighting in public causing fear |
s. 74 | Threatening violence |
s. 74A | Disorderly behaviour in public |
s. 74B | Causing fear or alarm to people in conveyances and others |
s. 77 | Conduct intended to incite racial animosity or racist harassment |
s. 78 | Conduct likely to incite racial animosity or racist harassment |
s. 80A | Conduct intended to racially harass |
s. 80B | Conduct likely to racially harass |
s. 171 | Creating false belief |
s. 172 | Obstructing public officers |
s. 202 | Obscene acts in public |
s. 203 | Indecent acts in public |
s. 204 | Indecent act with intent to offend |
s. 204A | Showing offensive material to children under 16 years of age |
s. 313 | Common assaults |
s. 317 | Assaults occasioning bodily harm |
s. 318 | Serious assaults |
s. 318B | Assault on retail workers |
s. 338A | Threats with intent to influence |
s. 338B | Threats |
s. 338E | Stalking |
s. 378 | Stealing a motor vehicle on conviction for which a summary conviction penalty is imposed under |
s. 378 | Stealing a thing having a value that does not exceed $1 000 |
s. 392 | Robbery |
s. 393 | Assault with intent to rob |
s. 401 | Burglary on conviction for which a summary conviction penalty is imposed under |
s. 444 | Criminal damage |
s. 445A | Breaching a duty under s. 444A |
s. 445 | Damaging property |
s. 153 | Failure to comply with an officer’s order under the |
s. 115(6) | Remaining in an area adjacent to licensed premises after having been refused entry to, or required to leave, the premises |
s. 115(7) | Re‑entering licensed premises within 24 hours of being refused entry to, or required to leave, the premises |
s. 119(1) | Consuming liquor in a place or premises without the consent of the occupier or person having control of the place or premises |
s. 119(2) | Bringing liquor into, or possessing or consuming liquor in, a sports ground or stadium |
s. 119(4) | Consuming liquor in a public place except under an exemption, licence or permit |
s. 121(3) | Purchasing or obtaining liquor on licensed premises on behalf of a juvenile |
s. 123(1) | Juvenile purchasing, obtaining or consuming liquor on, or bringing liquor onto, licensed or regulated premises |
s. 123(2) | Juvenile possessing liquor in a public place |
s. 124 | Sending a juvenile to licensed or regulated premises for the purpose of obtaining liquor |
s. 126(4) | Re‑entering licensed or regulated premises within 24 hours of being required to leave, or removed from, the premises under section 126 |
s. 126(5) | Remaining in an area adjacent to licensed premises after having been required to leave, or being removed from, the premises |
s. 5 | Offences concerned with prohibited drugs and prohibited plants in relation to premises and utensils |
s. 6 | Offences concerned with prohibited drugs generally |
s. 7 | Offences concerned with prohibited plants generally |
s. 5 | Seeking prostitute in or in view or within hearing of public place |
s. 6 | Seeking client in or in view or within hearing of public place |
s. 64B | Contravention of a prohibition order |
r. 7 | Interfering with Authority property |
r. 13 | Causing nuisance or annoyance to persons in or an a conveyance or facility |
r. 15 | Damaging a conveyance or facility |
r. 40 | Obstructing an authorised person |
s. 59 | Dangerous driving causing death, injury etc. |
s. 59A | Dangerous driving causing bodily harm |
s. 60 | Reckless driving |
s. 61 | Dangerous driving |
s. 62 | Careless driving |
s. 62A | Causing excessive noise, smoke |
s. 63 | Driving under the influence of alcohol etc. |
s. 64 | Driving with blood alcohol content of or above 0.08 |
s. 64AA | Driving with blood alcohol content of or above 0.05 |
s. 64B(1) | Driving with blood alcohol content of or above 0.05 with prescribed illicit drug in oral fluid or blood |
s. 64B(3) | Driving with blood alcohol content of or above 0.08 with prescribed illicit drug in oral fluid or blood |
s. 67AD(2) | Failure to comply with drug test requirement for persons with blood alcohol content of or above 0.05 |
s. 67AD(4) | Failure to comply with drug test requirement for persons with blood alcohol content of or above 0.08 |
s. 67AD(6) | Failure to comply with drug test requirement for persons with blood alcohol content of or above 0.15 |
s. 6 | Prohibited weapons |
s. 6A | Edged weapons |
s. 7 | Controlled weapons |
s. 8 | Other articles carried or possessed as weapons |
This is a compilation of the
23 Feb 2011 p. 635-48 | r. 1 and 2: 23 Feb 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 23 Feb 2011 (see r. 2(b) and | |
1 Jul 2011 p. 2725‑6 | r. 1 and 2: 1 Jul 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 2 Jul 2011 (see r. 2(b)) | |
SL 2021/56 21 May 2021 | 1 Jul 2021 (see r. 2(b) and SL 2021/54 cl. 2(a)) | |
SL 2022/189 18 Nov 2022 | 19 Nov 2022 (see r. 2(b)) | |
SL 2024/146 10 Jul 2024 | r. 1 and 2: 10 Jul 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 15 Jul 2024 (see r. 2(b)) | |
SL 2024/280 18 Dec 2024 | r. 1 and 2: 18 Dec 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 20 Dec 2024 (see r. 2(b)) | |
SL 2024/300 21 Dec 2024 | 31 Mar 2025 (see r. 2(b) and SL 2024/289 cl. 2) |
Act...................................................................................................................................... 3
CEO............................................................................................................................... 8(1)
co‑licensee......................................................................................................................... 3
Commissioner................................................................................................................... 3
prescribed period......................................................................................................... 5(1)
section................................................................................................................................ 3
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