Sentencing (Consequential Provisions) Act 1995 (WA)
WESTERN AUSTRALIA
SENTENCING (CONSEQUENTIAL
PROVISIONS) ACT 1995
No. 78 of 1995
AN ACT —
to amend various Acts;
to repeal the Offenders Community Corrections
Act 1963, the Fines and Penalties Appropriation
Act 1909 and various Imperial Acts adopted in
this State; and
to enact transitional provisions,
as a consequence of the enactment of the Sentencing
Act 1995 and the Sentence Administration Act 1995.
[Assented to 16 January 1996]
The Parliament of Western Australia enacts as follows:
| No. 78] | Sentencing (Consequential Provisions) |
| s. 1 | Act 1995 |
PART 1 — PRELIMINARY
Short title
1. This Act may be cited as the Sentencing (Consequential
Provisions) Act 1995.
Commencement
| 2. (1) day as is, or days as are respectively, fixed by proclamation. | The provisions of this Act come into operation on such |
For the purposes of subsection (1) each item in a table to a section of this Act is to be taken to be a separate provision.
(2)
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 3 |
PART 2 — ABORIGINAL COMMUNITIES ACT 1979
Section 12 amended
3. Section 12 of the Aboriginal Communities Act 1979* is amended by deleting ‘‘notwithstanding anything to the contrary contained in the Fines and Penalties Appropriation Act, 1909 or any other Act,’’.
[* Act No. 8 of 1979.]
[Note: The above Act is also amended by Part 88.]
| No. 78] | Sentencing (Consequential Provisions) |
| s. 4 | Act 1995 |
PART 3 — ABORIGINAL HERITAGE ACT 1972
Section 57 amended
4. Section 57 (3) of the Aboriginal Heritage Act 1972* is
repealed and the following subsections are substituted —
‘‘
If a person is convicted of an offence against this Act in relation to any object, place or thing, the object, place or thing is to be taken as being the property of the Minister for the purposes of making a reparation order under Part 16 of the Sentencing Act 1995.
(3)
If under Part 16 of the Sentencing Act 1995 a compensation order is made in favour of the Minister, any money received by the Minister under the order is to be credited to the Consolidated Fund.
(4)
’’.
[* Reprint approved 24 June 1981.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, p. 3 and Act No. 32 of 1994.]
[Note: The above Act is also amended by Part 88.]
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 5 |
PART 4 — ARTIFICIAL BREEDING OF STOCK ACT 1965
Section 12 amended
5. Section 12 of the Artificial Breeding of Stock Act 1965* is
amended —
| (a) | in subsection (1) by deleting ‘‘, and the provisions of section 11 of The Criminal Code shall not apply thereto notwithstanding that such condition, restriction or limitation is subsequently varied’’; and |
| (b) | byinsertingaftersubsection(2)thefollowing subsection — |
‘‘
(3) The variation of a condition, restriction or limitation referred to in subsection (1) does not affect any penalty or punishment incurred, imposed, or liable to be incurred or imposed, prior to that variation, or any investigation or legal proceedings in respect of such a penalty or punishment, notwithstanding any other enactment.
’’.
[* Reprinted as at 5 February 1990.]
| No. 78] | Sentencing (Consequential Provisions) |
| s. 6 | Act 1995 |
PART 5 — BAIL ACT 1982
Principal Act
6. In this Part the Bail Act 1982* is referred to as the principal
| Act. |
[* Reprinted as at 17 October 1991.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, p. 16 and Acts Nos. 82 and 92 of 1994.]
Section 3 amended
| 7. | (1) | Section 3 (1) of the principal Act is amended — | |
| (a) | inthedefinitionof‘‘CEO(Justice)’’bydeleting ‘‘Prisons Act 1981’’ and substituting the following — | ||
| |||
| (b) | in the definition of ‘‘community corrections officer’’ by deleting ‘‘Offenders Community Corrections Act 1963’’ and substituting the following — | ||
| |||
| (c) | by deleting the definition of ‘‘trial’’ and substituting the following definition — | ||
| ‘‘ |
‘‘trial’’ means all proceedings for an offence
between —
| (a) | the time when the defendant is called upon to plead to the complaint or the indictment; and |
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 7 |
| (b) | the time when the defendant is found not guilty or is sentenced. |
’’.
(2) Section 3 (4) of the principal Act is repealed and the
following subsection is substituted —
‘‘
(4) If a person is arrested under a warrant
issued —
| (a) | undersection50,79or129ofthe Sentencing Act 1995 in connection with a possible breach of a conditional release order, a sentence of suspended imprisonment, or a community order imposed under that Act; or |
| (b) | under section 43 of the Young Offenders Act 1994 in respect of an alleged breach of a youth community based order, an intensive youth supervision order or a conditional release order made under that Act, |
then —
| (c) | the person is to be taken as having been arrested and to be in custody awaiting an appearance in court for the offence for which the sentence was imposed; |
| (d) | thefirstappearanceincourtafterthe arrest is to be taken, for the purposes of sections 5 (1) and 8 (1) and clause 1 of Part A and clause 7 of Part C of Schedule 1, to be the initial appearance for that offence; and |
| (e) | the proceedings following the arrest are to be taken to be proceedings for that offence and to be a trial for the purpose of the definition in subsection (1) of ‘‘trial’’. |
’’.
| No. 78] | Sentencing (Consequential Provisions) |
| s. 8 | Act 1995 |
Other amendments
8. The principal Act is amended as set out in the Table to this
section.
TABLE
| s. 49 (1) | Delete ‘‘section 170 of the Justices Act 1902’’ and substitute |
| (e) | the following — |
| ‘‘ s. 49 (4) Repeal the subsection and substitute the following | section 139 of the Sentencing Act 1995 | ’’. |
subsection —
| ‘‘ | (4) If under this section the Supreme Court or the District Court makes an order requiring the payment of money, the court may make an order under section 59 of the Sentencing Act 1995 in respect of the amount payable and for that purpose that section, with any necessary changes, applies as if the amount were a fine imposed on the surety. | ’’. |
| s. 50B | Repeal the section. | |
| s. 50K | Repeal the section and substitute the following section — | |
|
| 50K. If under rules made under section 50L any device or equipment has been installed at the place where a defendant is required by a home detention condition to remain, section 117 of the Sentence Administration Act 1995 applies. | ’’. |
s. 52 (5) Repeal the subsection and substitute the following
subsection —
| ‘‘ | (5) If under section 51 (6) or (7) the Supreme Court or the District Court imposes a pecuniary penalty the court may make an order under section 59 of the Sentencing Act 1995 in respect of the amount payable. | ’’. |
s. 57 (4) Repeal the subsection and substitute the following
subsection —
| ‘‘ | (4) If under this section the Supreme Court or the District Court makes an order requiring the payment of money, the court may |
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 8 |
| make an order under section 59 of the Sentencing Act 1995 in respect of the amount payable and for that purpose that section, with any necessary changes, applies as if the amount were a fine imposed on the defendant. | ’’. |
Schedule 1 In Part A delete clause 7 (a) (iii) and substitute the
following subparagraph —
| ‘‘ | (iii) | proceedingsonthere-appearanceofan offender under section 50 of the Sentencing Act 1995; | ’’. |
In Part A delete clause 7 (c) and substitute the following paragraph —
| ‘‘ | (c) | a person who under section 580 or 645 (2) of The Criminal Code is required to appear in the Supreme Court or the District Court to be tried is deemed to have been committed thereto for the purposes of clause 3. | ’’. |
In Part C delete clause 6 and substitute the following clause —
| ‘‘ | Bail of people on community orders, etc. |
| 6. For the purpose of determining whether clause 4 applies, a person in custody — |
| (a) | under section 50, 79, 128, 129 or 132 of the Sentencing Act 1995 in connection with a possible breach of a conditional release order, a s e n t e n c e o f s u s p e n d e d imprisonment or a community order imposed under that Act; or |
| (b) | undersection43oftheYoung Offenders Act 1994 in respect of an alleged breach of a youth community based order, an intensive youth supervision order or a conditional release order made under that Act, |
is to be taken as not having been convicted of
| the offence for which the sentence was imposed. | ’’. |
| No. 78] | Sentencing (Consequential Provisions) |
| s. 9 | Act 1995 |
PART 6 — BUSH FIRES ACT 1954
Section 55 repealed and a section substituted
9. Section 55 of the Bush Fires Act 1954* is repealed and the following section is substituted —
‘‘
Application of penalties
55. A pecuniary penalty recovered in respect of an offence against this Act is to be paid to the Board unless the offence was prosecuted by or at the direction of a local authority in which case it is to be paid to the local authority.
’’.
[* Reprinted as at 27 February 1992.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, pp. 24-25 and Acts Nos. 32, 52 and 84 of 1994.]
[Note: The above Act is also amended by Part 88.]
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 10 |
PART 7 — CATTLE INDUSTRY COMPENSATION
ACT 1965
Consequential amendments
10. The Cattle Industry Compensation Act 1965* is amended as set out in the Table to this section.
TABLE
| s. 30 | Delete ‘‘section eleven of the Criminal Code.’’ and substitute the following — | ||
| |||
| s. 34 (3) | Delete ‘‘section eleven of the Criminal Code.’’ and substitute the following — | ||
|
[* Reprint approved 30 March 1971.
For subsequent amendments see 1993 Index to
Legislation of Western Australia, Table 1, p. 27.]
| No. 78] | Sentencing (Consequential Provisions) |
| s. 11 | Act 1995 |
PART 8 — CHILD WELFARE ACT 1947
Section 148 repealed
11. Section 148 of the Child Welfare Act 1947* is repealed.
[* Reprinted as at 23 May 1990.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, pp. 29-31 and Acts Nos. 9, 82 and 104 of 1994.]
[Note: The above Act is also amended by Part 88.]
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 12 |
PART 9 — CHILDREN’S COURT OF WESTERN
AUSTRALIA ACT 1988
Consequential amendments
12. The Children’s Court of Western Australia Act 1988* is
amended as set out in the Table to this section.
TABLE
| s. 19 (1) | Delete ‘‘, to section 17 of the Offenders Community Corrections Act 1963,’’ and substitute the following — |
| ‘‘ , to sections 78, 128 and 132 of the Sentencing |
| Act 1995, | ’’. |
s. 19 (3) Repeal the subsection. s. 19 (9) Repeal the subsection and substitute the following
subsection —
| ‘‘ | (9) |
| Where a child is before the Supreme Court or the District Court, that court has all the powers of the Children’s Court of Western Australia in all respects as if the child had been before that Court. | ’’. |
| s. 21 (1) | Repeal the subsection. |
[* Act No 69 of 1988.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, p. 31 and Act No. 104 of 1994.]
| No. 78] | Sentencing (Consequential Provisions) |
| s. 13 | Act 1995 |
PART 10 — CHIROPRACTORS ACT 1964
Section 26 repealed and a section substituted
13. Section 26 of the Chiropractors Act 1964* is repealed and the following section is substituted —
‘‘
Proceedings for offences
26. Proceedings for an offence against this Act, the
rules or the regulations shall be dealt with summarily
in a court of summary jurisdiction.
’’.
[* Reprint approved 26 March 1971.
For subsequent amendments see 1993 Index to
Legislation of Western Australia, Table 1, pp. 31-2.]
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 14 |
PART 11 — CITY OF PERTH PARKING FACILITIES
ACT 1956
Section 5 amended
14. Section 5 (4) of the City of Perth Parking Facilities Act 1956* is amended by deleting ‘‘the provisions of section eleven of The Criminal Code.’’ and substituting the following —
‘‘ any other enactment. ’’.
[* Reprint approved 17 March 1983.
For subsequent amendments see 1993 Index to
Legislation of Western Australia, Table 1, p. 33.]
| No. 78] | Sentencing (Consequential Provisions) |
| s. 15 | Act 1995 |
PART 12 — COLLEGES ACT 1978
Section 29 amended
15. Section 29 (6) of the Colleges Act 1978* is amended by deleting ‘‘, notwithstanding anything to the contrary contained in the Fines and Penalties Appropriation Act, 1909 or any other Act,’’.
[* Act No. 100 of 1978.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, p. 36 and Act No. 91 of 1994.]
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 16 |
PART 13 — CONSTITUTION ACTS AMENDMENT
ACT 1899
Schedule V amended
16. Schedule V to the Constitution Acts Amendment Act 1899*
is amended in Part 3, in the item relating to ‘‘The Parole Board’’, by deleting ‘‘Offenders Community Corrections Act 1963’’ and substituting the following —
| ‘‘ Sentence Administration Act 1995 | ’’. |
[* Reprinted as at 6 April 1993.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, pp. 44-46 and Acts Nos. 26, 40 and 53 of 1993 and 6, 9, 32, 35, 36, 45, 73, 83, 89, 96, 103 and 104 of 1994.]
| No. 78] | Sentencing (Consequential Provisions) |
| s. 17 | Act 1995 |
PART 14 — CONTROL OF VEHICLES (OFF-ROAD AREAS)
ACT 1978
Consequential amendments
17. The Control of Vehicles (Off-road areas) Act 1978* is
amended as set out in the table to this section.
TABLE
| s. 41 (2) | Repeal the subsection. |
| s. 43 (4) | Repeal the subsection. |
[* Act No. 117 of 1978.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, pp. 47-48 and Acts Nos. 32 and 84 of 1994.]
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 18 |
PART 15 — CO-OPERATIVE AND PROVIDENT SOCIETIES
ACT 1903
Section 58 repealed and a section substituted
18. Section 58 of the Co-operative and Provident Societies Act 1903* is repealed and the following section is substituted —
‘‘
Proceedings for offences
58. (1) Proceedings for an offence against this Act may be taken by the Registrar or any other person.
(2) Proceedings for an offence against this Act shall be dealt with summarily in a court of summary jurisdiction.
’’.
[* Reprint approved 30 September 1969.
For subsequent amendments see 1993 Index to
Legislation of Western Australia, Table 1, p. 48.]
| No. 78] | Sentencing (Consequential Provisions) |
| s. 19 | Act 1995 |
PART 16 — COUNTRY AREAS WATER SUPPLY ACT 1947
Section 115 repealed and a section substituted
19. Section 115 of the Country Areas Water Supply Act 1947* is repealed and the following section is substituted —
‘‘
Proceedings for offences
115. (1)
Proceedings for an offence against this Act
may be taken by the Authority or an officer or servant
of the Authority.
(2) A complaint for an offence against this Act must be made within 2 years after the commission of the offence.
Subject to sections 46, 71 and 113, proceedings
for an offence against this Act are to be dealt with
summarily in a court of summary jurisdiction.
(3)
’’.
[* Reprint approved 18 April 1980.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, pp. 49-50 and Act No. 6 of 1994.]
[Note: The above Act is also amended by Part 88.]
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 20 |
PART 17 — COUNTRY TOWNS SEWERAGE ACT 1948
Section 113 repealed and a section substituted
20. Section 113 of the Country Towns Sewerage Act 1948* is repealed and the following section is substituted —
‘‘
Prosecution of offences
113. (1)
Proceedings for an offence against this Act
may be taken by the Authority or an officer or servant
of the Authority.
(2) Proceedings for an offence against this Act shall be dealt with summarily in a court of summary jurisdiction.
Any penalty or forfeiture incurred under this Act may be recovered in a court of summary jurisdiction on the complaint of the Authority or an officer or servant of the Authority.
(3)
’’.
[* Reprint approved 11 March 1980.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, pp. 50-51 and Act No. 6 of 1994.]
| No. 78] | Sentencing (Consequential Provisions) |
| s. 21 | Act 1995 |
PART 18 — CRIMES (CONFISCATION OF PROFITS)
ACT 1988
Section 3 amended
21. Section 3 (2) of the Crimes (Confiscation of Profits) Act 1988* is amended by deleting paragraph (a) and substituting the following paragraph —
‘‘
| (a) | thepersonhasbeenconvictedoftheoffence, whether or not — | |||
|
’’.
[* Act No. 47 of 1988.
For subsequent amendments see 1993 Index to
Legislation of Western Australia, Table 1, p. 52.]
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 22 |
PART 19 — CRIMINAL CODE ACT 1913
Section 6 repealed
22. Section 6 of the Criminal Code Act 1913* is repealed.
[* Reprinted as at 17 December 1993.]
| No. 78] | Sentencing (Consequential Provisions) |
| s. 23 | Act 1995 |
PART 20 — THE CRIMINAL CODE
The Code
23. In this Part The Criminal Code* is referred to as ‘‘the
Code’’.
[* Reprinted as at 17 December 1993 as the Schedule to the Criminal Code Act 1913 appearing in Appendix B to the Criminal Code Compilation Act 1913
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, pp. 52-53 and Acts Nos. 32, 73, 82 and 92 of 1994.]
Section 682 repealed and a section substituted
24. Section 682 of the Code is repealed and the following
section is substituted —
‘‘
Enforcing the payment of money, other than fines etc.
682. (1) In this section —
‘‘payment order’’ means an order requiring a person to pay money, other than —
| (a) | a fine as defined in section 28 of the Fines, Penalties and Infringement Notices Enforcement Act 1994; |
| (b) | compensationtobepaidundera compensation order made under Part 16 of the Sentencing Act 1995; or |
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 25 |
| (c) | theamounttobepaidonthe forfeiture of a recognizance under section 746A. |
This section applies where the Supreme Court
or the District Court makes a payment order in
connection with a criminal cause or matter.
(2)
A court that makes a payment order may also make an order under section 59 of the Sentencing Act 1995 and for that purpose that section, with any necessary changes, applies as if the money to be paid were a fine imposed on the person.
(3)
(4) If a court does not make an order under section 59 of the Sentencing Act 1995 and if the money is not paid within 28 days after the date of a payment order, the money may be recovered as a judgment debt in a court of competent jurisdiction.
For the purposes of subsection (4), a Registrar of the court may issue a certified copy of a payment order and that copy may be registered as a judgment in a court of competent jurisdiction.
(5)
Subsection (4) does not prejudice the recovery
of the money by means expressly provided by a
written law.
(6)
’’.
Section 746A repealed a section substituted
25. Section 746A of the Code is repealed and the following
section is substituted —
‘‘
Enforcing recognizances
746A. (1) If a person bound by a recognizance to appear before the Supreme Court or the District Court
| No. 78] | Sentencing (Consequential Provisions) |
| s. 26 | Act 1995 |
fails in any condition of the recognizance, that court may, on the application of the prosecution and on the production of the recognizance, order that the recognizance be forfeited and that any person bound by the recognizance (including any surety) pay the amount that he or she is so bound to pay to the Crown.
(2) A court that makes orders under subsection (1) may also make an order under section 59 of the Sentencing Act 1995 and for that purpose that section, with any necessary changes, applies as if the amount to be paid were a fine imposed on the person concerned.
(3) If a court does not make an order under section 59 of the Sentencing Act 1995, the amount to be paid must be paid, and its payment may be enforced, under Part 5 of the Fines, Penalties and Infringement Notices Enforcement Act 1994.
Subsection (3) does not prejudice the recovery of the amount as a civil debt due to the Crown.
(4)
’’.
Other amendments
26. The Code is amended as set out in the Table to this section.
TABLE
| s. 11 | Delete the second paragraph. |
| s. 16 | Repeal the section. |
| Ch. IV | Repeal Chapter IV. |
| s. 467 | Repeal the section. |
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 26 |
| s. 635 | Insert after the third paragraph the following paragraph — | ||
| |||
| s. 656 | Repeal the section and substitute the following section — ‘‘ Sentence |
| 656. If a motion to arrest the judgment is not made or is dismissed, the court may sentence and make other orders in respect of the offender under the Sentencing Act 1995. | ’’. |
| s. 656A | Repeal the section. |
| s. 661 | Repeal the section. |
| s. 662 | Repeal the section. |
| s. 663 | Repeal the section. |
| s. 664 | Repeal the section. |
| s. 665 | Repeal the section. |
| s. 666 | Repeal the section. |
| s. 669 | Repeal the section. |
| s. 679 | Repeal the section. |
| Ch. LXIX | In the heading to Chapter LXIX, delete ‘‘:PARDON’’. |
s. 688 (1a) Delete paragraph (a) and substitute the following
paragraph —
| ‘‘ (a) against a sentence of indefinite imprisonment passed under Part 14 of the Sentencing Act 1995; | ’’. |
| s. 694 (3) | Repeal the subsection. | |
| s. 695 (2) | Repeal the subsection. | |
| s. 703 | Delete the definition of the expression ‘‘sentence’’ and substitute the following definition — | |
|
| (a) | any other order under that Act; and |
| No. 78] | Sentencing (Consequential Provisions) |
| s. 27 | Act 1995 |
| (b) | anorderfortheforfeitureor | |
|
| s. 705 | Repeal the section. |
| s. 706 | Repeal the section. |
| s. 707 | Repeal the section. |
| s. 716A | Repeal the section. |
| s. 717 | Repeal the section. |
| s. 717A | Repeal the section. |
| s. 718 | Repeal the section. |
| s. 719 | Repeal the section. |
Schedule 1 Repeal the Schedule.
Transitional provisions
27. (1) In this section, ‘‘commencement’’ means the
commencement of the Sentencing Act 1995.
If immediately before commencement a person is subject to an indeterminate sentence to which section 665 of the Code applies, then on and after commencement that section continues to operate in respect of the person, despite its repeal.
(2)
If immediately before commencement a person is subject to a direction under section 666 of the Code, then on and after commencement that section continues to operate in respect of that person, despite its repeal.
(3)
If immediately before commencement a person is bound by a recognizance to which section 746A of the Code applies but to which that section as re-enacted by section 24 would not apply on and after commencement, then on and after commencement —
(4)
| (a) | section 746A (1) of the Code as it was immediately before commencement continues to operate in respect of that person in respect of the recognizance; and |
| (b) | section 746A (2), (3) and (4) as re-enacted apply to and in respect of any order made under section 746A (1) as it was immediately before commencement. |
[Note: The Code is also amended by Part 88.]
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 28 |
PART 21 — CRIMINAL INJURIES COMPENSATION
ACT 1985
Principal Act
28. In this Part the Criminal Injuries Compensation Act 1985*
is referred to as the principal Act.
[* Act No. 73 of 1985.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, p. 54 and Acts Nos. 32 and 73 of 1994.]
Section 3 amended
29. (1) Section 3 (1) of the principal Act is amended by
deleting the definition of ‘‘conviction’’.
Section 3 of the principal Act is amended by inserting after subsection (1) the following subsection —
(2)
‘‘
(1a) For the purposes of this Act a person is
convicted of an offence notwithstanding that —
| (a) | aspentconvictionorderismadeunder section 39 of the Sentencing Act 1995 in respect of the conviction; |
| (b) | having been found guilty of the offence, a conviction is not recorded under section 55 of the Young Offenders Act 1994; |
| (c) | having been found guilty of the offence, the indictment or complaint was dismissed under repealed section 669 (1) (a) of The Criminal Code; |
| No. 78] | Sentencing (Consequential Provisions) |
| s. 30 | Act 1995 |
| (d) | having been found guilty of the offence, the charge was dismissed or the person was discharged under repealed section 34 or 34B of the Child Welfare Act 1947; |
| (e) | repealedsection20oftheOffenders Community Corrections Act 1963 or repealed section 40 or 126A of the Child Welfare Act 1947 applies to the conviction; |
| (f) | having been found guilty of the offence, the complaint for the offence was dismissed under repealed section 24 of the Children’s Court of Western Australia Act 1988. |
’’.
Section 14 amended
30. Section 14 (4) of the principal Act is amended by deleting ‘‘under section 669 (1) (a) of The Criminal Code or section 24 of the Children’s Court of Western Australia Act 1988’’ and substituting the following —
‘‘
under a provision referred to in section 3 (1a) (c), (d)
or (f)
’’.
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 31 |
PART 22 — CURTIN UNIVERSITY OF TECHNOLOGY
ACT 1966
Section 20A amended
31. Section 20A (4) of the Curtin University of Technology Act 1966* is amended by deleting ‘‘, notwithstanding anything to the contrary contained in the Fines and Penalties Appropriation Act 1909 or any other Act,’’.
[* Reprinted as at 24 August 1988.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, pp. 54-55 and Act No. 91 of 1994.]
| No. 78] | Sentencing (Consequential Provisions) |
| s. 32 | Act 1995 |
PART 23 — DENTAL ACT 1939
Consequential amendments
32. The Dental Act 1939* is amended as set out in the Table to
this section.
TABLE
| s. 59 | Repeal the section and substitute the following section — | |
|
| 59. Proceedings for an offence against this Act shall be dealt with summarily in a court of summary jurisdiction. | ’’. |
| s. 63 | Repeal the section and substitute the following section — | |
|
| 63. All fines and penalties imposed for offences against this Act are to be paid to the Board. | ’’. |
[* Reprint approved 11 January 1979.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, p. 59 and Acts Nos. 32 and 103 of 1994.]
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 33 |
PART 24 — DIAMOND (ARGYLE DIAMOND MINES JOINT
VENTURE) AGREEMENT ACT 1981
Section 27 amended
33. Section 27 of the Diamond (Argyle Diamond Mines Joint Venture) Agreement Act 1981* is amended by deleting ‘‘Subject to sections 16 and 17 of The Criminal Code and section 45 of the Interpretation Act 1918’’ and substituting the following —
‘‘
Subject to section 17 of The Criminal Code and section
11 of the Sentencing Act 1995,
’’.
[* Act No. 108 of 1981.
For subsequent amendments see 1993 Index to
Legislation of Western Australia, Table 1, p. 60.]
| No. 78] | Sentencing (Consequential Provisions) |
| s. 34 | Act 1995 |
PART 25 — EDITH COWAN UNIVERSITY ACT 1984
Section 29 amended
34. Section 29 (6) of the Edith Cowan University Act 1984* is amended by deleting ‘‘, notwithstanding anything to the contrary contained in the Fines and Penalties Appropriation Act 1909 or any other Act,’’.
[* Reprinted as at 16 May 1991.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, p. 64 and Act No. 91 of 1994.]
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 35 |
PART 26 — ELECTORAL ACT 1907
Section 18 amended
35. Section 18 of the Electoral Act 1907* is amended by deleting paragraph (c) and substituting the following paragraphs —
‘‘
| (b) | has been attainted of treason; |
| (c) | isservingorisyettoserveasentenceor sentences of detention (imposed under the Young Offenders Act 1994 or the Child Welfare Act 1947), or imprisonment, totalling one year or longer; |
(ca) is serving or is yet to serve indefinite imprisonment imposed under Part 14 of the Sentencing Act 1995;
| (cb) | is subject to an order under section 282 (c) (iii) or (d) (ii), 631, 652, 653 or 693 (4) of The Criminal Code; |
(cc) is subject to an order under repealed section 19 (6a) (a), 661 or 662 of The Criminal Code;
(cd) is subject to a direction to be detained in an approved hospital under section 47 (1) of the Mental Health Act 1962; or
’’.
[* Reprinted as at 1 January 1989.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, pp. 66-7 and Act No. 32 of 1994.]
[Note: The above Act is also amended by Part 88.]
| No. 78] | Sentencing (Consequential Provisions) |
| s. 36 | Act 1995 |
PART 27 — ELECTRICITY ACT 1945
Section 45 amended
36. Section 45 of the Electricity Act 1945* is amended by deleting ‘‘summarily before any two justices, and the justices dealing with the matter shall assess and determine the sum payable and the provisions of the Justices Act 1902-1942, shall apply in relation to any such assessment and the enforcement of the payment of the amount thereof.’’ and substituting the following —
| ‘‘ | in a court of petty sessions. | ’’. |
[* Reprint approved 26 June 1984.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, p. 68 and Act No. 89 of 1994.]
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 37 |
PART 28 — ENERGY CORPORATIONS (POWERS)
ACT 1979
Section 57 amended
37. Section 57 (7) of the Energy Corporations (Powers) Act 1979* is amended by deleting ‘‘section 11 of The Criminal Code.’’ and substituting the following —
‘‘ any other enactment. ’’.
[* Reprinted as at 21 May 1987.
(Previously State Energy Commission Act 1979.)
For subsequent amendments see 1993 Index to
Legislation of Western Australia, Table 1, p. 199 and
Acts Nos. 60, 84 and 89 of 1994.]
| No. 78] | Sentencing (Consequential Provisions) |
| s. 38 | Act 1995 |
PART 29 — FAIR TRADING ACT 1987
Section 73 amended
38. Section 73 (9) of the Fair Trading Act 1987* is repealed and the following subsection is substituted —
‘‘
(9) The amount of any modified penalty paid pursuant to an infringement notice shall, subject to subsection (7), be dealt with as if it were a fine imposed by a court as a penalty for an offence.
’’.
[* Act No. 108 of 1987.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, p. 73 and Act No. 32 of 1994.]
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 39 |
PART 30 — FAMILY COURT ACT 1975
Section 73B amended
39. Section 73B (2) of the Family Court Act 1975* is amended by deleting ‘‘section 719 of The Criminal Code, ordered the first- mentioned person to make reparation to the Commonwealth or the State Government, to the Commonwealth or State instrumentality or to that other person,’’ and substituting the following —
‘‘
Part 16 of the Sentencing Act 1995 made a reparation order against the first-mentioned person in favour of the Commonwealth or the State Government, the Commonwealth or State instrumentality or that other person,
’’.
[* Reprinted as at 1 March 1988.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, p. 74 and Act No. 32 of 1994.]
[Note: The above Act is also amended by Part 88.]
| No. 78] | Sentencing (Consequential Provisions) |
| s. 40 | Act 1995 |
PART 31 — FINES, PENALTIES AND INFRINGEMENT
NOTICES ENFORCEMENT ACT 1994
Principal Act
40. In this Part the Fines, Penalties and Infringement Notices Enforcement Act 1994* is referred to as the principal Act.
[* Act No. 93 of 1994.]
Section 28 amended
41. Section 28 (1) of the principal Act is amended by deleting the definitions of ‘‘community corrections centre’’, ‘‘community corrections programme’’ and ‘‘community corrections officer’’ and inserting the following definitions —
‘‘
‘‘community corrections activities’’ has the same definition as in the Sentence Administration Act 1995;
‘‘community corrections centre’’ has the same definition as in the Sentence Administration Act 1995;
‘‘community corrections officer’’ (‘‘CCO’’) has the same definition as in the Sentence Administration Act 1995;
’’.
Sections 49 and 50 repealed and sections substituted
42. Sections 49 and 50 of the principal Act are repealed and the
following sections are substituted —
‘‘
WDO: nature of
49. A WDO is an order that the offender must
comply with —
| (a) | section76oftheSentenceAdministration Act 1995; and |
| (b) | the primary requirements in section 50. |
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 42 |
WDO: primary requirements
50. (1) The primary requirements of a WDO are
that the offender —
| (a) | mustdocommunitycorrectionsactivities for a number of hours specified in the WDO (the ‘‘required hours’’); |
| (b) | ineachperiodof7daysmustdothe prescribed number of the required hours; |
| (c) | must not leave the State without the prior written permission of the supervisor of a community corrections centre; and |
| (d) | mustnotifyaCCOofanychangeof address or employment within 2 clear working days after the change. |
(2) The required hours in a WDO are to be calculated under the regulations by reference to the amount owed; but must be at least 6 hours.
| (3) | The required hours in a WDO are cumulative |
on —
| (a) | the required hours in any other WDO; |
| (b) | anyhoursofcommunityworkthatthe offender is required to do under a community service requirement in a community order imposed under the Sentencing Act 1995; and |
| (c) | anyhoursofcommunitycorrections activities that the offender is required to do under the Sentence Administration Act 1995. |
’’.
| No. 78] | Sentencing (Consequential Provisions) |
| s. 43 | Act 1995 |
Sections 56, 57 and 58 repealed and sections substituted
43. Sections 56, 57 and 58 of the principal Act are repealed and the following sections are substituted —
‘‘
Amounts payable by defendants and offenders
56. In respect of the payment of, or the enforcement of the payment of —
| (a) | any amount of a bail undertaking that is ordered to be forfeited to the Crown under section 57 of the Bail Act 1982; |
| (b) | the amount of a recognizance entered into by a person convicted of an offence that is ordered to be forfeited to the Crown under section 746A of The Criminal Code or section 154A of the Justices Act 1902 or any other law; or |
| (c) | an amount that is ordered to be paid to the Crown by an offender, under section 52 (2) of the Sentencing Act 1995, |
Part 4, with any necessary changes, applies in respect of the payment of, and the enforcement of the payment of, the amount as if the amount were a fine imposed on the person liable to pay the amount.
Amounts payable by sureties
57. In respect of the payment of, or the enforcement of the payment of —
| (a) | any amount of a surety undertaking that is ordered to be forfeited to the Crown under section 49 of the Bail Act 1982; |
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 44 |
| (b) | the amount of a recognizance entered into by a person as a surety for a person charged with or convicted of an offence that is ordered to be forfeited to the Crown; or |
| (c) | an amount that is ordered to be paid to the Crown by a surety under section 52 (2) of the Sentencing Act 1995, |
Part 4 (other than sections 46 to 53), with any necessary changes, applies in respect of the payment of, and the enforcement of the payment of, the amount as if the amount were a fine imposed on the surety.
Amounts payable by witnesses
58. If the amount of a recognizance entered into by a person for the purpose of securing his or her attendance as a witness in criminal proceedings is ordered to be forfeited, Part 4, with any necessary changes, applies in respect of the payment of, and the enforcement of the payment of, the amount as if the amount were a fine imposed on the person.
’’.
Other amendments
44. The principal Act is amended as set out in the Table to this
section.
TABLE
s. 27 (1) Repeal the subsection and substitute the following
subsection —
| ‘‘ | (1) A modified penalty received by the |
Registrar is to be dealt with —
| (a) | inaccordancewithsection60ofthe Sentencing Act 1995 as if it were a fine; or |
| No. 78] | Sentencing (Consequential Provisions) |
| s. 44 | Act 1995 |
| (b) | if the principal enactment under which the infringement notice was issued provides otherwise, in accordance with the principal enactment. | ’’. |
s. 29 (1) Delete paragraph (a) and substitute the following
paragraph —
| ‘‘ | (a) | afineinrespectofwhichanorderis made under section 58 or 59 of the Sentencing Act 1995; | ’’. |
| s. 31 | Delete paragraph (a) and substitute the following paragraph — | |||
|
s. 39 (2) Repeal the subsection and substitute the following
subsection —
‘‘ (2) In subsection (1) ‘‘prosecuting authority’’
means —
| (a) | if the fine was imposed under an Act of the State — the person that is to be paid the fine, or that administers the fund that is to be credited with the fine, under section 60 (2) or (3) of the Sentencing Act 1995; | ||
| (b) |
|
s. 55 (1) Repeal the subsection and substitute the following
subsection —
| ‘‘ | (1) |
A fine received by the Registrar is to be dealt with in accordance with section 60 of
| the Sentencing Act 1995. | ’’. |
| s. 100 | Repeal the section. |
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 45 |
PART 32 — FINES AND PENALTIES APPROPRIATION
ACT 1909
Act repealed
45. The Fines and Penalties Appropriation Act 1909 is repealed.
| No. 78] | Sentencing (Consequential Provisions) |
| s. 46 | Act 1995 |
PART 33 — FIREARMS ACT 1973
Section 27 repealed
46. Section 27 of the Firearms Act 1973* is repealed.
[* Reprint approved 22 April 1983.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, p. 77 and Acts Nos. 73 and 90 of 1994.]
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 47 |
PART 34 — FISH RESOURCES MANAGEMENT ACT 1994
Section 232 amended
47. Section 232 (2) of the Fish Resources Management Act
1994* is repealed and the following subsection is substituted —
‘‘
(2) An amount paid as a modified penalty is, subject to section 231 (2), to be dealt with as if it were a fine imposed by a court as a penalty for an offence.
’’.
[* Act No. 53 of 1994.]
| No. 78] | Sentencing (Consequential Provisions) |
| s. 48 | Act 1995 |
PART 35 — THE FREMANTLE GAS AND COKE
COMPANY’S ACT 1886
Section 53 repealed and a section substituted
48. Section 53 of The Fremantle Gas and Coke Company’s Act 1886* is repealed and the following section is substituted —
‘‘
Application of other penalties
53. A penalty imposed or recovered under this Act
shall be paid to the local authority unless this Act
provides otherwise.
’’.
[* Act No. 34 of 50 Vict..
For subsequent amendments see 1993 Index to
Legislation of Western Australia, Table 1, pp. 82-3.]
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 49 |
PART 36 — FRIENDLY SOCIETIES ACT 1894
Section 28 amended
49. Section 28 of the Friendly Societies Act 1894* is amended
by deleting paragraph (3) and substituting the following
paragraph —
‘‘
| (3) | Proceedings for an offence against this Act shall be dealt with summarily in a court of summary jurisdiction. |
’’.
[* Reprint authorized 5 August 1974.
For subsequent amendments see 1993 Index to
Legislation of Western Australia, Table 1, pp. 84-85.]
[Note: The above Act is also amended by Part 88.]
| No. 78] | Sentencing (Consequential Provisions) |
| s. 50 | Act 1995 |
PART 37 — FRUIT GROWING INDUSTRY (TRUST FUND)
ACT 1941
Section 15 amended
50. Section 15 (3) of the Fruit Growing Industry (Trust Fund) Act 1941* is amended by deleting ‘‘, notwithstanding the Fines and Penalties Appropriation Act, 1909,’’.
[* Reprint approved 8 January 1970.
For subsequent amendments see 1993 Index to
Legislation of Western Australia, Table 1, p. 85.]
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 51 |
PART 38 — GOVERNMENT RAILWAYS ACT 1904
Section 53A amended
51. Section 53A (9) of the Government Railways Act 1904* is repealed and the following subsection is substituted —
‘‘
(9) The amount of any modified penalty paid pursuant to an infringement notice shall, subject to subsection (8), be dealt with as if it were a fine imposed by a court as a penalty for an offence.
’’.
[* Reprint approved 27 October 1982.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, pp. 91-2 and Acts Nos. 32 and 64 of 1994.]
[Note: The above Act is also amended by Part 88.]
| No. 78] | Sentencing (Consequential Provisions) |
| s. 52 | Act 1995 |
PART 39 — HERITAGE OF WESTERN AUSTRALIA
ACT 1990
Section 70 amended
52. Section 70 (9) of the Heritage of Western Australia Act
1990* is repealed and the following subsection is substituted —
‘‘
(9) The amount of any modified penalty paid pursuant to an infringement notice shall, subject to subsection (7), be dealt with as if it were a fine imposed by a court as a penalty for an offence.
’’.
[* Act No. 103 of 1990.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, p. 97 and Acts Nos. 32 and 84 of 1994.]
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 53 |
PART 40 — INDUSTRIAL RELATIONS ACT 1979
Section 96F amended
53. Section 96F (1) of the Industrial Relations Act 1979* is amended by deleting ‘‘the Justices Act 1902, The Criminal Code and the Offenders Community Corrections Act 1963.’’ and substituting the following —
| ‘‘ | the Sentencing Act 1995 or any other Act. | ’’. |
[* Reprinted as at 11 May 1994.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, p. 103 and Acts Nos. 32, 83, 92 and 103 of 1994.]
| No. 78] | Sentencing (Consequential Provisions) |
| s. 54 | Act 1995 |
PART 41 — INTERPRETATION ACT 1984
Principal Act
54. In this Part the Interpretation Act 1984* is referred to as the principal Act.
[* Reprinted as at 4 November 1992.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, pp. 104-5 and Acts Nos. 32, 73, 85 and 92 of 1994.]
Section 72 repealed and a section substituted
55. Section 72 of the principal Act is repealed and the following section is substituted —
‘‘
Statutory penalties
| 72. | (1) | Where in an Act a penalty — |
| (a) | is specified without qualification at the foot of a section of the Act; | |
| (b) | is specified at the foot of a subsection of a section of the Act, but not at the foot of the section; or | |
| (c) | is specified at the foot of a section of the Act and expressed to apply to a specified subsection or specified subsections of the section, |
then, unless the contrary is expressly provided, a contravention of the section or subsection, or, as the case may be, of any of the subsections, is an offence
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 56 |
the penalty on conviction for which is the penalty
specified.
(2) Where in an Act a penalty is specified as described in subsection (1) in respect of a section or subsection that expressly creates an offence, the penalty for that offence on conviction is the penalty specified.
(3) Subsections (1) and (2) apply to regulations,
rules and by-laws subject to necessary modification.
’’.
Other amendments
56. The principal Act is amended as set out in the Table to this
section.
TABLE
| s. 37 (1) | In paragraph (e), after ‘‘Code’’ insert the following — | ||
| |||
| s. 68 | Repeal the section. | ||
| s. 69 (3) | Repeal the subsection. | ||
| s. 70 | Repeal the section. |
| No. 78] | Sentencing (Consequential Provisions) |
| s. 57 | Act 1995 |
PART 42 — JURIES ACT 1957
Consequential amendments
57. The Juries Act 1957* is amended as set out in the Table to
this section.
TABLE
| s. 5 | In paragraph (b) (i) (II), after ‘‘section’’ insert the following — | ||
| |||
| Delete paragraph (b) (ii) (III) and substitute the following item — | |||
| |||
| s. 56 (1) | Delete ‘‘why execution should not issue for the fine.’’ and substitute the following — | ||
| |||
| s. 59 | Repeal the section and substitute the following section — | ||
|
59. (1)
A fine imposed under this Act is to be paid, and its payment may be enforced, under Part 4 of the Fines, Penalties and Infringement Notices Enforcement Act 1994 as if the fine were a fine imposed for an offence.
| (2) | For the purposes of section 32 of the |
Fines, Penalties and Infringement Notices Enforcement Act 1994, a fine imposed under this Act is taken to be imposed on the day specified in the summons issued under section 56 (1), or on the day when an order is made under section 56 (3), whichever is the later.
A fine imposed under this Act is to be credited to the Consolidated Fund.
(3)
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 57 |
| 2nd | In clause 2 of Part I, delete paragraph (m) and substitute | |||
| Schedule | the following paragraph — | |||
|
[* Reprinted as at 2 December 1987.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, p. 109 and Acts Nos. 73 and 104 of 1994.]
| No. 78] | Sentencing (Consequential Provisions) |
| s. 58 | Act 1995 |
PART 43 — JUSTICES ACT 1902
Principal Act
58. In this Part the Justices Act 1902* is referred to as the
principal Act.
[* Reprinted as at 1 April 1992.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, p. 110-11 and Acts Nos. 73, 77, 82 and 92 of 1994.]
Section 154A repealed and a section substituted
59. Section 154A of the principal Act is repealed and the
following section is substituted —
‘‘
Enforcing recognizances
| 154A. | (1) | If a person bound by — |
| (a) | a recognizance to appear before a court of petty sessions; |
| (b) | a recognizance entered into pursuant to an order made under a written law by a magistrate or a justice; or |
| (c) | arecognizanceenteredintoinrespectof any matter cognizable by a court of summary jurisdiction, |
fails in any condition of the recognizance, justices may, on the application of the Crown and on the production of the recognizance, order that the recognizance be forfeited and that any person bound by the recognizance (including any surety) pay the amount that he or she is so bound to pay to the Crown.
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 60 |
The amount to be paid must be paid, and its payment may be enforced, under Part 5 of the Fines, Penalties and Infringement Notices Enforcement Act 1994.
(2)
Subsection (2) does not prejudice the recovery of the amount as a civil debt due to the Crown.
(3)
’’.
Section 155 repealed and a section substituted
60. Section 155 of the principal Act is repealed and the
following section is substituted —
‘‘
Enforcing the payment of money, other than fines etc.
155. (1) In this section —
‘‘payment order’’ means an order requiring a person to pay money, other than —
| (a) | a fine as defined in section 28 of the Fines, Penalties and Infringement Notices Enforcement Act 1994; |
| (b) | compensationtobepaidundera compensation order made under Part 16 of the Sentencing Act 1995; or |
| (c) | the sum to be paid on the forfeiture of a recognizance under section 154A. |
(2) This section applies where justices make a
payment order.
If the money is not paid within 28 days after the date of a payment order, the money may be recovered as a judgment debt in a court of competent jurisdiction.
(3)
| No. 78] | Sentencing (Consequential Provisions) |
| s. 61 | Act 1995 |
For the purposes of subsection (3), a clerk of petty sessions may issue a certified copy of a payment order and that copy may be registered as a judgment in a court of competent jurisdiction.
(4)
Subsection (3) does not prejudice the recovery
of the money by means expressly provided by a
written law.
(5)
’’.
Other amendments
61. The principal Act is amended as set out in the Table to this
section.
TABLE
| s. 4 | In paragraph (e) of the definition of ‘‘decision’’, delete ‘‘penalty’’ and substitute the following — |
| ‘‘ s. 56A (4) Repeal the subsection and substitute the following | sentence | ’’. |
subsection —
| ‘‘ | (4) |
| The justices hearing the complaint to which the summons relates may accept as proof of service a certificate of the officer or any person referred to in subsection (3) (a) or (b) of the due posting by him of the summons in accordance with this section. | ’’. |
| s. 135 (1) | Delete ‘‘but shall not impose a sentence of imprisonment until the defendant is before them, in person, for which purpose they may issue their warrant’’. | ||
| s. 135 (2) | Delete ‘‘; and’’ after paragraph (a) and substitute a full stop. Delete paragraph (b). | ||
| s. 136 (5) | Delete ‘‘; and’’ after paragraph (b) (ii) and substitute a full stop. | ||
| Delete paragraph (c). | |||
| s. 145 | Repeal the section. | ||
| s. 146 (2) | Delete ‘‘section 150A.’’ and substitute the following — | ||
|
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 61 |
| s. 149 | Repeal the section and the heading ‘‘Imprisonment’’ before it. |
| s. 150 | Repeal the section and substitute the following section — ‘‘ Sentence |
| 150. If justices convict a person, whether after a plea of guilty or otherwise, the justices may sentence and make other orders in respect of the offender under the Sentencing Act 1995. | ’’. |
| s. 150A | Repeal the section. | ||
| s. 166 | Repeal the section and the heading ‘‘Punishment’’ before it. | ||
| s. 166A | Repeal the section. | ||
| s. 166B | Repeal the section. | ||
| s. 170 | Repeal the section and the heading ‘‘Remissions’’ before it. | ||
| s. 171 | Repeal the section. | ||
| s. 172 (2) | Delete ‘‘or’’ after paragraph (a). | ||
| Delete the full stop after paragraph (b) and substitute the following — | |||
| |||
| After paragraph (b) insert the following paragraph — | |||
| |||
| s. 186 (1) | Delete ‘‘penalty’’ and substitute the following — | ||
| (a) (iii) | |||
| |||
| s. 193 (1) | Delete ‘‘penalty’’ and substitute the following — | ||
| |||
| s. 193 (5) | Repeal the subsection. |
| No. 78] | Sentencing (Consequential Provisions) |
| s. 62 | Act 1995 |
| s. 194 (3) | In paragraph (a), after ‘‘Road Traffic Act 1974’’ insert the following — | ||
|
s. 194 (4) Repeal the subsection and substitute the following
subsection —
| ‘‘ | (4) Subject to subsection (5) and section 101B of the Fines, Penalties and Infringement Notices Enforcement Act 1994, any sentence imposed, or any other order made, under the Sentencing Act 1995, the Young Offenders Act 1994, or any other law, is suspended until the appeal is disposed of. | ’’. |
s. 194 (5) Repeal the subsection and substitute the following
subsection —
| ‘‘ | (5) | Subsection (4) does not apply to — |
| (a) | asentenceofimprisonment, whether or not it is suspended under Part 11 or subject to a direction under Part 12, or whether or not it is indefinite imprisonment imposed under Part 14, of the Sentencing Act 1995; | ||
| (b) | a sentence of detention under the Young Offenders Act 1994; and | ||
| (c) |
|
Transitional provisions
62. (1) In this section ‘‘commencement’’ means the
commencement of the Sentencing Act 1995.
If immediately before commencement a person is bound by a recognizance to which section 154A of the principal Act applies but to which that section as re-enacted by section 53 would not apply on and after commencement, then on and after commencement section 154A of the principal Act as it was immediately before commencement continues to apply to that person in respect of the recognizance.
(2)
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 63 |
PART 44 — LAND BOUNDARIES ACT 1841
Section 9 repealed
63. Section 9 of the Land Boundaries Act 1841* is repealed.
[* Act No. 20 of 4 & 5 Vict..
For subsequent amendments see 1993 Index to
Legislation of Western Australia, Table 1, p. 114.]
| No. 78] | Sentencing (Consequential Provisions) |
| s. 64 | Act 1995 |
PART 45 — LICENSED SURVEYORS ACT 1909
Section 30 repealed and a section substituted
64. Section 30 of the Licensed Surveyors Act 1909* is repealed and the following section is substituted —
‘‘
Proceedings for offences
30. Proceedings for an offence against this Act shall
be dealt with summarily in a court of summary
jurisdiction.
’’.
[* Reprint approved 1 September 1975.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, p. 120 and Act No. 32 of 1994.]
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 65 |
PART 46 — LIQUID PETROLEUM GAS ACT 1956
Section 6 amended
65. Section 6 (4) of the Liquid Petroleum Gas Act 1956* is amended by deleting ‘‘section eleven of the Criminal Code.’’ and substituting the following —
‘‘ any other enactment. ’’.
[* Act No. 58 of 1956.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, p. 121 and Act No. 89 of 1994.]
| No. 78] | Sentencing (Consequential Provisions) |
| s. 66 | Act 1995 |
PART 47 — LIQUOR LICENSING ACT 1988
Section 167 amended
66. Section 167 (8) of the Liquor Licensing Act 1988* is
repealed and the following subsection is substituted —
‘‘
(8) The amount of any modified penalty paid pursuant to an infringement notice shall, subject to subsection (6), be dealt with as if it were a fine imposed by a court as a penalty for an offence.
’’.
[* Act No. 54 of 1988.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, p. 121 and Acts Nos. 32, 73 and 92 of 1994.]
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 67 |
PART 48 — LITTER ACT 1979
Section 4 amended
67. Section 4 (3) of the Litter Act 1979* is repealed and the following subsection is substituted —
‘‘
Nothing in this section affects the operation of section 11 of the Sentencing Act 1995.
(3)
’’.
[* Reprint approved 20 July 1983.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, p. 122 and Acts Nos. 32 and 92 of 1994.]
| No. 78] | Sentencing (Consequential Provisions) |
| s. 68 | Act 1995 |
PART 49 — LOCAL GOVERNMENT ACT 1960
Consequential amendments
68. The Local Government Act 1960* is amended as set out in the Table to this section.
TABLE
s. 399 (3) In paragraph (b) delete ‘‘and it is not competent or convenient to the council to enforce payment of the amount under the Justices Act 1902,’’.
| s. 523 (1) | In paragraph (g), delete ‘‘, excepting so much as is by Act made payable to an informer’’. | |
| s. 672 | Repeal the section and substitute the following section — | |
|
| 672. Proceedings for an offence against this Act shall be dealt with summarily in a court of summary jurisdiction. | ’’. |
[* Reprint approved 24 June 1983.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, pp. 123-5 and Acts Nos. 40 of 1993 and 6, 27, 60, 69, 70, 73, 84, 89 and 92 of 1994.]
[Note: The above Act is also amended by Part 88.]
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 69 |
PART 50 — MARINE AND HARBOURS ACT 1981
Section 18A amended
69. Section 18A (9) of the Marine and Harbours Act 1981* is repealed and the following subsection is substituted —
‘‘
(9) The amount of any modified penalty paid pursuant to an infringement notice shall, subject to subsection (8), be dealt with as if it were a fine imposed by a court as a penalty for an offence.
’’.
[* Act No. 21 of 1981.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, p. 128 and Acts Nos. 32 and 78 of 1994.]
| No. 78] | Sentencing (Consequential Provisions) |
| s. 70 | Act 1995 |
PART 51 — METROPOLITAN (PERTH) PASSENGER
TRANSPORT TRUST ACT 1957
Section 78B amended
70. Section 78B (5) of the Metropolitan (Perth) Passenger Transport Trust Act 1957* is repealed and the following subsection is substituted —
‘‘
(5) The amount of any prescribed penalty paid pursuant to an infringement notice shall, subject to subsection (3), be dealt with as if it were a fine imposed by a court as a penalty for an offence.
’’.
[* Reprint approved 3 March 1975.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, p. 134 and Acts Nos. 32, 64 and 73 of 1994.]
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 71 |
PART 52 — METROPOLITAN WATER SUPPLY,
SEWERAGE, AND DRAINAGE ACT 1909
Principal Act
71. In this Part the Metropolitan Water Supply, Sewerage, and Drainage Act 1909* is referred to as the principal Act.
[* Reprint approved 13 December 1977.
For subsequent amendments see 1993 Index to
Legislation of Western Australia, Table 1, pp. 135-7.]
Section 147A amended
72. Section 147A (5) of the principal Act is amended by deleting
‘‘the provisions of section eleven of The Criminal Code.’’ and
substituting the following —
‘‘ any other enactment. ’’.
Section 159 repealed and a section substituted
73. Section 159 of the principal Act is repealed and the
following section is substituted —
‘‘
Proceedings for offences etc.
159. (1)
Proceedings for an offence against this Act or the Metropolitan Water Authority Act 1982 may be taken by the Authority or an officer of the Authority or a person authorized in that behalf pursuant to a delegation or authorization given by the Authority.
(2) Proceedings for an offence against this Act shall be dealt with summarily in a court of summary jurisdiction.
| No. 78] | Sentencing (Consequential Provisions) |
| s. 73 | Act 1995 |
Any penalty or forfeiture incurred under this Act may be recovered in a court of summary jurisdiction on the complaint of the Authority or an officer of the Authority or a person authorized in that behalf pursuant to a delegation or authorization given by the Authority.
(3)
’’.
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 74 |
PART 53 — MOTOR VEHICLE (THIRD PARTY
INSURANCE) ACT 1943
Section 18 amended
74. Section 18 (3) of the Motor Vehicle (Third Party Insurance) Act 1943* is repealed and the following subsection is substituted —
‘‘
This section is supplementary to section 105 of the Sentencing Act 1995.
(3)
’’.
[* Reprinted as at 11 March 1992.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, pp. 142-3 and Acts Nos. 13 and 17 of 1994.]
| No. 78] | Sentencing (Consequential Provisions) |
| s. 75 | Act 1995 |
PART 54 — MURDOCH UNIVERSITY ACT 1973
Section 24 amended
75. Section 24 (9) of the Murdoch University Act 1973* is amended by deleting ‘‘, notwithstanding anything to the contrary contained in the Fines and Penalties Appropriation Act 1909, or any other Act,’’.
[* Act No. 20 of 1973.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, p. 144 and Act No. 91 of 1994.]
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 76 |
PART 55 — OCCUPATIONAL SAFETY AND HEALTH
ACT 1984
Section 54AA inserted
76. The Occupational Safety and Health Act 1984* is amended by inserting after section 54 the following section —
‘‘
Penalties for bodies corporate
54AA. Despite section 40 (5) of the Sentencing Act 1995, the penalty for a body corporate convicted of an offence under this Act is the penalty provided by this Act.
’’.
[* Reprinted as at 23 January 1989.
For subsequent amendments see 1994 Index to Legislation of Western Australia, Table 1, p. 150 and Act No. 30 of 1995.]
| No. 78] | Sentencing (Consequential Provisions) |
| s. 77 | Act 1995 |
PART 56 — OFFENDERS COMMUNITY CORRECTIONS
ACT 1963
Division 1 — Repeal
Act repealed
77. The Offenders Community Corrections Act 1963 is repealed.
Division 2 — Transitional provisions
Interpretation
78. (1)InthisDivision—
‘‘commencement’’ means the commencement of the
Sentencing Act 1995;
‘‘repealed Act’’ means the Offenders Community Corrections Act 1963.
For the purposes of this Division a person is in custody
even if at the relevant time he or she is at large or if under Part
VIII of the Prisons Act 1981 he or she is absent from a prison.
(2)
Probation orders (repealed Act Part II)
79. (1) If immediately before commencement a person is subject to a probation order made under Part II of the repealed Act, then on and after commencement —
| (a) | the order remains in force subject to that Part; and |
| (b) | that Part continues to operate in respect of the person and the order. |
(2) The repeal of the repealed Act does not affect the operation of the repealed Act, and in particular section 12 of it, in respect of a probation order made under the repealed Act the probation period of which elapsed before commencement.
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 80 |
If on or after commencement a court is dealing with a person under section 16 (3) (b) or (6) of the repealed Act for the offence in respect of which the probation order was made, the court is to impose a sentence under the Sentencing Act 1995 or the Young Offenders Act 1994 (as the case requires).
(3)
If on or after commencement a court is dealing with a person under section 17 (6), (7) or (8) of the repealed Act for the offence for which the probation order was made, the court is to impose a sentence under the Sentencing Act 1995 or the Young Offenders Act 1994 (as the case requires).
(4)
Community service orders (repealed Act Part IIA)
80. (1) If immediately before commencement a person is subject to a community service order made under Part IIA of the repealed Act, then on and after commencement —
| (a) | the order remains in force subject to that Part; |
| (b) | that Part continues to operate in respect of the person and the order. |
If on or after commencement a court is dealing with a person under section 20H (4) (c) or (8) or 20K (2) (a) or (4) of the repealed Act for the offence in respect of which the community service order was made, the court is to impose a sentence under the Sentencing Act 1995 or the Young Offenders Act 1994 (as the case requires).
(2)
Young adult detention (repealed Act Part IIB)
81. If immediately before commencement an offender is subject to a direction under section 20SB of the repealed Act, then on and after commencement Part 12 of the Sentencing Act 1995 applies to the offender as if the direction had been made under section 83 of that Act.
| No. 78] | Sentencing (Consequential Provisions) |
| s. 82 | Act 1995 |
Imprisonment without parole eligibility
82. If immediately before commencement a person is in custody and subject to a sentence of imprisonment in respect of which neither an order under section 37A (1) of the repealed Act was made nor a minimum term (as defined in section 4 of the repealed Act) was fixed, then on and after commencement —
| (a) | for the purposes of Part 13 of the Sentencing Act 1995, the term of imprisonment imposed is to be treated as if it were a fixed term that is neither a prescribed term nor a parole term under that Part, except that for the purposes of calculating when the person is to be released under section 95 of that Act, any loss of remission ordered under the Prisons Act 1981 before commencement is to be disregarded; and |
| (b) | theSentencingAct1995andtheSentence Administration Act 1995 otherwise apply accordingly. |
Imprisonment with minimum term
83. If immediately before commencement a person is in custody and subject to a sentence of imprisonment in respect of which a minimum term (as defined in section 4 of the repealed Act) was fixed, then on and after commencement the repealed Act, and in particular sections 34, 37, 38, 39 and 40 of it, continue to operate in respect of that sentence, but —
| (a) | any release of the person on parole in accordance with the repealed Act is to be by means of a parole order made under Division 6 of Part 3 of the Sentence Administration Act 1995; |
| (b) | the parole period for the parole order is that provided by section 41 of the repealed Act; and |
| (c) | Divisions 6, 7 and 8 of Part 3 and Parts 4 to 11 of the Sentence Administration Act 1995 apply to and in respect of the person and the parole order. |
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 84 |
Imprisonment with parole eligibility
84. If immediately before commencement a person is in custody and subject to a sentence of imprisonment in respect of which an order was made under section 37A (1) of the repealed Act, then on and after commencement —
| (a) | for the purposes of Part 13 of the Sentencing Act 1995, the term of imprisonment imposed is to be treated as if it were a parole term under that Part except that for the purposes of calculating the date when the person is eligible for parole under section 93 of the Sentencing Act 1995, any loss of remission ordered under the Prisons Act 1981 before commencement is to be disregarded; and |
| (b) | theSentencingAct1995andtheSentence Administration Act 1995 otherwise apply accordingly. |
Special terms (repealed Act s. 40B)
85. (1) If immediately before commencement a person is subject to a sentence of imprisonment and the term imposed is a special term as defined in section 40B of the repealed Act, then on and after commencement the term is a special term for the purposes of section 19 of the Sentence Administration Act 1995.
If immediately before commencement a person is subject to a sentence of imprisonment and the term imposed is not a special term as defined in section 40B of the repealed Act, then on and after commencement the term is not a special term for the purposes of section 19 of the Sentence Administration Act 1995.
(2)
Life imprisonment
86. If immediately before commencement a person is in custody and subject to a sentence of life imprisonment, then on and after
| No. 78] | Sentencing (Consequential Provisions) |
| s. 87 | Act 1995 |
commencement the repealed Act, and in particular sections 34 and 40D of it, continue to operate in respect of the person and the sentence, but —
| (a) | any release of the person on parole in accordance with the repealed Act is to be by means of a parole order made by the Governor under Division 6 of Part 3 of the Sentence Administration Act 1995; |
| (b) | the parole period for the parole order is that provided by section 23 (3) of the Sentence Administration Act 1995; and |
| (c) | Divisions 6, 7 and 8 of Part 3 and Parts 4 to 11 of the Sentence Administration Act 1995 apply to and in respect of the person and the parole order. |
Strict security life imprisonment
87. If immediately before commencement a person is in custody and subject to a sentence of strict security life imprisonment, then on and after commencement the repealed Act, and in particular sections 34 and 40D of it, continue to operate in respect of the person and the sentence, but —
| (a) | any release of the person on parole in accordance with the repealed Act is to be by means of a parole order made by the Governor under Division 6 of Part 3 of the Sentence Administration Act 1995; |
| (b) | the parole period for the parole order is that provided by section 24 (3) of the Sentence Administration Act 1995; and |
| (c) | Divisions 6, 7 and 8 of Part 3 and Parts 4 to 11 of the Sentence Administration Act 1995 apply to and in respect of the person and the parole order. |
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 88 |
Detention under Criminal Code, s. 19 (6a) (a)
88. (1) If immediately before commencement a person is in custody and subject to an order made under section 19 (6a) (a) of The Criminal Code, then on and after commencement and for the purposes of the Sentence Administration Act 1995 —
| (a) | the person is to be treated as if he or she were a person in strict or safe custody by virtue of an order made under section 282 of The Criminal Code; and |
| (b) | theSentenceAdministrationAct1995applies accordingly. |
(2) If immediately before commencement an order of the Governor containing conditions under section 34AA of the Offenders Probation and Parole Act 1963* is in effect in respect of a person in respect of whom an order was made under section 19 (6a) (a) of The Criminal Code, then on and after commencement —
| (a) | section 34AA continues to operate in respect of that person; but |
| (b) [* The short title of this Act was changed to the Offenders Community Corrections Act 1963 after section 34AA was repealed.] | if under that section the person is returned to custody, subsection (1) applies to the person. |
Detention under Criminal Code, s. 653 or 693 (4)
89. (1) If immediately before commencement a person is in custody and subject to an order made under section 653 or 693 (4) of The Criminal Code, then on and after commencement the Sentence Administration Act 1995 applies to and in respect of the person.
| No. 78] | Sentencing (Consequential Provisions) |
| s. 90 | Act 1995 |
(2) If immediately before commencement an order of the Governor containing conditions under section 34A of the repealed Act is in effect in respect of a person to whom that section applies, then on and after commencement —
| (a) | thatsectioncontinuestooperateinrespectofthat person; but |
| (b) | if under that section the person is returned to custody, subsection (1) applies to the person. |
Detention under Criminal Code, s. 282 etc.
90. (1) If immediately before commencement a person is in custody and subject to an order made under a section of The Criminal Code referred to in section 34AB (3) of the repealed Act, then on and after commencement and for the purposes of the Sentence Administration Act 1995 —
| (a) | the person is to be treated as if he or she were a person in strict or safe custody by virtue of an order made under section 282 of The Criminal Code; and |
| (b) | theSentenceAdministrationAct1995applies accordingly. |
(2) If immediately before commencement an order of the Governor under section 34AB of the repealed Act is in effect in respect of a person to whom that section applies, then on and after commencement —
| (a) | thatsectioncontinuestooperateinrespectofthat person; but |
| (b) | if under that section the person is returned to custody, subsection (1) applies to the person. |
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 91 |
Indeterminate sentence under Criminal Code, s. 661 or 662
91. (1) If immediately before commencement a person is in custody and subject to a direction or sentence under section 661 or 662 of The Criminal Code, then on and after commencement the repealed Act, and in particular sections 34 and 40C of it, continue to operate in respect of the person and the direction or sentence, but —
| (a) | any release of the person on parole in accordance with the repealed Act is to be by means of a parole order made by the Governor under Division 6 of Part 3 of the Sentence Administration Act 1995; |
| (b) | the parole period for the parole order is that provided by section 25 (5) of the Sentence Administration Act 1995; and |
| (c) | Divisions 6, 7 and 8 of Part 3 and Parts 4 to 11 of the Sentence Administration Act 1995 apply to and in respect of the person and the parole order. |
| (2) | Subsection (1) does not affect the operation of section 665 |
of The Criminal Code.
If immediately before commencement a parole order is in effect in respect of a person subject to a direction or sentence under section 661 or 662 of The Criminal Code, then if, on or after commencement, the person is returned to custody, subsection (1) applies to the person.
(3)
Parole orders
92. (1) The repeal of the repealed Act does not affect the operation of the repealed Act, and in particular sections 43 and 44 of it, in respect of a parole order made under the repealed Act the parole period of which elapsed before commencement.
| No. 78] | Sentencing (Consequential Provisions) |
| s. 93 | Act 1995 |
(2) Subject to subsection (3), if immediately before commencement a parole order made under the repealed Act that has not been suspended or cancelled under that Act is in effect in respect of a person, then on and after commencement the parole order is to be treated as if it had been made under the Sentence Administration Act 1995.
(3) If the cancellation under section 70 of the Sentence Administration Act 1995 of a parole order in respect of a person to whom subsection (2) applies occurs on or after commencement, but under section 73 (4) of that Act the day when the parole order is cancelled was before commencement, then despite section 73 of that Act section 44 (4a) and (4b) of the repealed Act continue to operate in respect of the term.
Home detention orders
93. (1) The repeal of the repealed Act does not affect the operation of the repealed Act, and in particular sections 50F and 50G of it, in respect of a home detention order made under the repealed Act which had ceased to be current before commencement.
(2) Subject to subsection (3), if immediately before commencement a home detention order made under the repealed Act that has not been suspended or cancelled under that Act is in effect in respect of a person, then on and after commencement the home detention order is to be treated as if it had been made under the Sentence Administration Act 1995.
(3) If the cancellation under section 70 of the Sentence Administration Act 1995 of a home detention order in respect of a person to whom subsection (2) applies occurs on or after commencement, but under section 73 (4) of that Act the day when the home detention order is cancelled was before commencement, then section 72 (1) and (2) of that Act do not apply.
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 94 |
Work release orders
94. (1) The repeal of the repealed Act does not affect the operation of the repealed Act, and in particular sections 50Y and 50ZE of it, in respect of a work release order made under the repealed Act which had ceased to be current before commencement.
(2) Subject to subsection (3), if immediately before commencement a work release order made under the repealed Act that has not been suspended or cancelled under that Act is in effect in respect of a person, then on and after commencement the work release order is to be treated as if it had been made under the Sentence Administration Act 1995.
(3) If the cancellation under section 70 of the Sentence Administration Act 1995 of a work release order in respect of a person to whom subsection (2) applies occurs on or after commencement, but under section 73 (4) of that Act the day when the work release order is cancelled was before commencement, then despite section 73 of that Act section 50ZE (2) and (3) of the repealed Act continue to operate in respect of the term.
Warrants in force at commencement
95. A warrant issued under the repealed Act and in force immediately before commencement remains in force despite the repeal of the repealed Act.
| No. 78] | Sentencing (Consequential Provisions) |
| s. 96 | Act 1995 |
PART 57 — OFFICIAL PROSECUTIONS (DEFENDANTS’
COSTS) ACT 1973
Section 6 amended
96. Section 6 of the Official Prosecutions (Defendants’ Costs) Act
1973* is amended by deleting paragraph (a) and substituting the
following paragraph —
‘‘
| (a) | theCourt,havingfoundthedefendantguilty, disposes of the charge without recording a conviction; |
’’.
[* Reprinted as approved 23 May 1983.
For subsequent amendments see 1993 Index to
Legislation of Western Australia, Table 1, p. 149.]
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 97 |
PART 58 — OPTOMETRISTS ACT 1940
Section 45 repealed and a section substituted
97. Section 45 of the Optometrists Act 1940* is repealed and the following section is substituted —
‘‘
Proceedings for offences
45. Proceedings for an offence against this Act shall
be dealt with summarily in a court of summary
jurisdiction.
’’.
[* Reprint approved 8 May 1980.
For subsequent amendments see 1993 Index to
Legislation of Western Australia, Table 1, p. 150.]
| No. 78] | Sentencing (Consequential Provisions) |
| s. 98 | Act 1995 |
PART 59 — PARKS AND RESERVES ACT 1895
Section 8 amended
98. Section 8 (3) of the Parks and Reserves Act 1895* is amended by deleting ‘‘, except such portion thereof as may go to the use of the informer or prosecutor,’’.
[* Reprint approved 31 January 1979.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, p. 152 and Act No. 73 of 1994.]
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 99 |
PART 60 — PAROLE ORDERS (TRANSFER) ACT 1984
Principal Act
99. In this Part the Parole Orders (Transfer) Act 1984* is
referred to as the principal Act.
[* Act No. 45 of 1984.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, p. 155 and Act No. 32 of 1994.]
Section 9 amended
| 100. (1) following subsection is substituted — | Section 9 (8) of the principal Act is repealed and the |
| ‘‘ |
| No. 78] | Sentencing (Consequential Provisions) |
| s. 129 | Act 1995 |
PART 79 — VICTIMS OF CRIME ACT 1994
Sections 4 and 5 repealed
129. Sections 4 and 5 of the Victims of Crime Act 1994* are
repealed.
[* Act No. 81 of 1994.]
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 130 |
PART 80 — WATER AUTHORITY ACT 1984
Section 103 amended
130. Section 103 (9) of the Water Authority Act 1984* is
repealed and the following section is substituted —
‘‘
(9) The amount of any modified penalty paid pursuant to an infringement notice shall, subject to subsection (7), be dealt with as if it were a fine imposed by a court as a penalty for an offence.
’’.
[* Act No. 3 of 1984.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, p. 222 and Acts Nos. 32, 34, 73 and 84 of 1994.]
| No. 78] | Sentencing (Consequential Provisions) |
| s. 131 | Act 1995 |
PART 81 — WATER BOARDS ACT 1904
Principal Act
131. In this Part, the Water Boards Act 1904* is referred to as
the principal Act.
[* Reprint approved 18 August 1971.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, pp. 222-3 and Act No. 6 of 1994.]
Section 154 amended
132. Section 154 of the principal Act is repealed and the
following section is substituted —
‘‘
Recovery of penalties and forfeitures
154. (1)
Proceedings for an offence against this Act
may be taken by the Water Board or an officer or
servant of the Water Board.
A penalty or forfeiture incurred under this Act may be recovered in a court of summary jurisdiction on the complaint of the Water Board or an officer or servant of the Water Board.
(2)
’’.
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 133 |
Section 162 amended
133. Section 162 (9) of the principal Act is repealed and the following section is substituted —
‘‘
(9) The amount of any modified penalty paid pursuant to an infringement notice shall, subject to subsection (7), be dealt with as if it were a fine imposed by a court as a penalty for an offence.
’’.
| No. 78] | Sentencing (Consequential Provisions) |
| s. 134 | Act 1995 |
PART 82 — WATERWAYS CONSERVATION ACT 1976
Principal Act
134. In this Part the Waterways Conservation Act 1976* is
referred to as the principal Act.
[* Act No. 131 of 1976.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, p. 224 and Acts Nos. 32 and 84 of 1994.]
Section 46 amended
135. (1)
Section 46 (10) (a) of the principal Act is amended by deleting ‘‘(and the provisions of section eleven of The Criminal Code shall not apply thereto notwithstanding that the condition is subsequently varied)’’.
Section 46 of the principal Act is amended by inserting after subsection (10) the following subsection —
(2)
‘‘
(10a) The variation of a condition of a licence does not affect any penalty or punishment incurred, imposed, or liable to be incurred or imposed, prior to that variation, or any investigation or legal proceedings in respect of such a penalty or punishment, notwithstanding any other enactment.
’’.
Section 67 amended
136. Section 67 of the principal Act is amended by deleting ‘‘, notwithstanding anything to the contrary contained in the Fines and Penalties Appropriation Act 1909, or any other Act,’’.
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 137 |
PART 83 — WESTERN AUSTRALIAN MARINE ACT 1982
Section 66 amended
137. Section 66 (4) of the Western Australian Marine Act 1982*
is amended by deleting ‘‘section 11 of The Criminal Code.’’ and
substituting the following —
‘‘ any other enactment. ’’
[* Act No. 55 of 1982.
For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, p. 227 and Acts Nos. 32 and 92 of 1994.]
[Note: The above Act is also amended by Part 88.]
| No. 78] | Sentencing (Consequential Provisions) |
| s. 138 | Act 1995 |
PART 84 — WORKERS’ COMPENSATION AND
REHABILITATION ACT 1981
Section 190 amended
138. Section 190 of the Workers’ Compensation and Rehabilitation Act 1981* is amended by deleting ‘‘, notwithstanding the Fines and Penalties Appropriation Act 1909,’’.
[* Reprinted as at 14 March 1994.
Amended by Acts Nos. 32 and 103 of 1994.]
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 139 |
PART 85 — WORKPLACE AGREEMENTS ACT 1993
Section 72 amended
139. Section 72 of the Workplace Agreements Act 1993* is amended by deleting ‘‘the Justices Act 1902, The Criminal Code and the Offenders Community Corrections Act 1963.’’ and substituting the following —
| ‘‘ | the Sentencing Act 1995 or any other Act. | ’’. |
[* Act No. 13 of 1993.]
| No. 78] | Sentencing (Consequential Provisions) |
| s. 140 | Act 1995 |
PART 86 — YOUNG OFFENDERS ACT 1994
Principal Act
140. In this Part the Young Offenders Act 1994* is referred to
as the principal Act.
[* Act No. 104 of 1994.
Amended by Acts Nos. 82 and 92 of 1994.]
Section 46A inserted
141. After section 46 of the principal Act the following section
is inserted —
‘‘
Application of Sentencing Act 1995
The Sentencing Act 1995 applies to and in respect of the sentencing of a young person —
| 46A. | (1) |
| (a) | in a case to which section 50B applies; |
| (b) | totheextentthatsection50Aor118 provides for it to apply; or |
| (c) | subject to subsection (2), to the extent that this Act does not provide for a matter that is provided for in the Sentencing Act 1995. |
(2) Part 5 of the Sentencing Act 1995 does not apply to and in respect of the sentencing of a young person except —
| (a) | forthepurposesofdecidingwhethera community order can be imposed under section 50A; or |
| (b) | in a case to which section 50B applies. |
’’.
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 142 |
Section 50 repealed and sections substituted
142. Section 50 of the principal Act is repealed and the
following sections are substituted —
‘‘
Offender aged under 17 at time of sentence: options
This section applies to and in respect of a young person found guilty of an offence who at the time of being sentenced is under 17 years old (‘‘the offender’’).
50. (1)
(2) The court dealing with the offender must dispose of the matter in one of the ways provided for in this Part.
If the court dealing with the offender is the Children’s Court, subsection (2) is subject to section 21 of the Children’s Court of Western Australia Act 1988.
(3)
Offender aged 17 or over but under 18 at time of sentence: options
50A. (1) This section applies to and in respect of a young person found guilty of an offence who at the time of being sentenced is at least 17 years old but under 18 years old (‘‘the offender’’).
| (2) | The court dealing with the offender — |
| (a) | maydisposeofthematterinoneofthe ways provided for in this Part; or |
| (b) | may impose a community order under the Sentencing Act 1995 on the offender, but only if under Part 5 of that Act it would be lawful to impose a community order in |
| No. 78] | Sentencing (Consequential Provisions) |
| s. 142 | Act 1995 |
respect of the offence were the offender not
a young person.
If the court dealing with the offender is the Children’s Court, subsection (2) is subject to section 21 of the Children’s Court of Western Australia Act 1988.
(3)
The court must not impose a community order under the Sentencing Act 1995 on the offender unless under that Act the court has received a pre-sentence report under that Act about the offender.
(4)
If the court imposes a community order on the offender under the Sentencing Act 1995 it is not prevented from making any order under this Division.
(5)
If the court imposes a community order on the offender under the Sentencing Act 1995, that Act and the Sentence Administration Act 1995 apply to and in respect of the order imposed.
(6)
Offender aged 18 or over at time of sentence: options
50B. (1) This section applies to and in respect of a young person found guilty of an offence who at the time of being sentenced is 18 years old or older (‘‘the offender’’).
Subject to the Sentencing Act 1995 the court dealing with the offender must dispose of the matter by sentencing the offender under that Act, and that Act and the Sentence Administration Act 1995 apply to and in respect of the sentence imposed.
(2)
(3) In sentencing the offender under the
Sentencing Act 1995, the court must make a spent
conviction order under that Act if, under section 55 of
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 143 |
this Act, it would be required to not record a conviction were it disposing of the matter under this Act.
If the court dealing with the offender is the Children’s Court, subsection (2) is subject to section 21 of the Children’s Court of Western Australia Act 1988.
(4)
(5) Despite subsection (2), section 46 applies to
the court dealing with an offender.
’’.
Section 118 repealed and sections substituted
143. Section 118 of the principal Act is repealed and the
following sections are substituted —
‘‘
Offences punishable by imprisonment: options
118. (1) If the statutory penalty for an offence is or includes imprisonment and the court dealing with the offender decides to impose a custodial sentence, the court may —
| (a) | impose a term of imprisonment under Part 13 of the Sentencing Act 1995 but may not impose suspended imprisonment under Part 11 or make a direction for the detention of the offender under Part 12 of that Act; or |
| (b) | sentence the offender to a term of detention that is not longer than the term of imprisonment to which the offender would have been liable if the offender were not a young person. |
| No. 78] | Sentencing (Consequential Provisions) |
| s. 143 | Act 1995 |
| (2) | Despite section 86 of the Sentencing Act 1995 |
the court sentencing a young person to a term of
detention may impose a term of 3 months or less.
(3) If the court sentences an offender to imprisonment it may, subject to Part 14 of the Sentencing Act 1995, also sentence the offender to indefinite imprisonment.
(4) If the court sentences an offender to imprisonment it may, if the offender is at least 16 and under 18 years old and having regard to the matters in section 178 (4) (a), direct that the offender serve the sentence in a prison under the Prisons Act 1981.
If the court sentences the offender to a term of imprisonment, the Sentencing Act 1995 and the Sentence Administration Act 1995, with any necessary changes, apply to and in respect of the sentence imposed.
(5)
Where sentence of imprisonment to be served
118A. (1) If —
| (a) | as a result of a sentence imposed by a court a young person is to be imprisoned; and |
| (b) | the young person is under 18 years old at the time when under that sentence he or she is to be imprisoned, |
then, unless a direction has been made under section 118 (4), the young person is to serve that sentence in a detention centre and not in a prison until a direction is made under section 178.
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 144 |
| (2) | If — |
| (a) | as a result of a sentence imposed by a court a young person is to be imprisoned; and |
| (b) | the young person has reached the age of 18 years at the time when under that sentence he or she is to be imprisoned, |
then the young person is to serve that sentence in a
prison.
(3) If it is not practicable to immediately transport a young person to a detention centre in accordance with subsection (1), the offender may be held in a prison or a police lock-up until transport to a detention centre is practicable.
’’.
Section 178 amended
144. Section 178 of the principal Act is repealed and the
following section is substituted —
‘‘
Transfer of offender from detention centre to prison
178. (1) If an offender is in a detention centre serving a sentence of detention or a sentence of imprisonment, the chief executive officer may apply to the Children’s Court, constituted so as to consist of or include a judge, for a direction under subsection (3).
An application under subsection (1) cannot be
made in respect of an offender who is under 16 years
old.
(2)
| No. 78] | Sentencing (Consequential Provisions) |
| s. 144 | Act 1995 |
(3) On an application under subsection (1), the Court may direct that the offender be transferred to a prison under the Prisons Act 1981 to serve the unserved portion of the sentence in a prison.
| (4) | A direction under subsection (3) can only be |
made —
| (a) | in the case of an offender who is under 18 years old, if the Court is satisfied that the offender should be transferred to a prison because — | |||||
| ||||||
| (b) | in the case of an offender who has reached the age of 18 years and is serving a sentence of detention — | |||||
|
or
| (c) | in the case of an offender who has reached the age of 18 years and is serving a |
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 145 |
sentence of imprisonment, if the court
thinks fit.
If a direction is made under subsection (3) in
respect of an offender serving a sentence of
detention —
(5)
| (a) | thePrisonsAct1981appliestoandin respect of the offender while in prison; and |
| (b) | Part 8 and Division 8 of Part 7 continue to apply to the sentence of detention. |
’’.
Other amendments
145. The principal Act is amended as set out in the Table to
this section.
TABLE
| s. 7 | In paragraph (i) (ii) delete ‘‘section 20SB of the Offenders Community Corrections Act 1963;’’ and substitute the following — | ||
| |||
| s. 46 | After subsection (5) insert the following subsection — | ||
| |||
| s. 53 | Repeal the section. |
s. 116 (5) Repeal the subsection and substitute the following
subsection —
| ‘‘ | (5) |
If the offender has reached the age of 18 years when the order is cancelled, the balance of the term of detention is to be served in a prison, and while in a prison the Prisons
| No. 78] | Sentencing (Consequential Provisions) |
| s. 145 | Act 1995 |
Act 1981 applies to and in respect of the
| offender. | ’’. |
s. 126 (4) Repeal the subsection and substitute the following
subsection —
| ‘‘ | (4) |
If the court makes a special order and the custodial sentence referred to in subsection
(1) is a term of imprisonment, the court cannot
make a parole eligibility order under Part 13 of
| the Sentencing Act 1995 in respect of that term. | ’’. |
| s. 150 | Repeal the section and substitute the following section — |
| ‘‘ Cancellation of order after offender |
reaches 18
| 150. If the offender has reached the age of 18 years when the order is suspended or cancelled, the custody into which the offender is to be placed upon the suspension or cancellation of the order is to be a prison, and while in a prison the Prisons Act 1981 applies to and in respect of the offender. | ’’. |
| s. 177 | Repeal the section. |
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 146 |
PART 87 — REPEAL OF IMPERIAL ENACTMENTS
Repeal of Imperial enactments
146. (1) Each Imperial enactment listed in the Table is
repealed in so far as it is part of the law of Western Australia.
In respect of an Imperial enactment listed in the Table, Part V of the Interpretation Act 1984 applies as if a reference in that Part to the repeal of a written law or to the repeal of an enactment were a reference to the repeal of the Imperial enactment.
(2)
TABLE
1. 4 & 5 Will. IV, c. 26 (1834) An Act to abolish the Practice of hanging the Bodies of Criminals
in Chains.
[Adopted by 7 Vict., No. 13 (1844)]
2. 5 & 6 Will. IV, c. 81 (1835) An Act for abolishing Capital Punishments in Cases of Letter
Stealing and Sacrilege.
[Adopted by 7 Vict., No. 13 (1844)]
3. 6 & 7 Will. IV, c. 4 (1836) An Act to amend an Act of the last Session for abolishing Capital
Punishments in Cases of Letter Stealing and Sacrilege.
[Adopted by 7 Vict., No. 13 (1844)]
| 4. |
7 Will. IV & 1 Vict., c. 84 (1837) [Adopted by 2 Vict., No. 1 (1839)]
5. 7 Will. IV & 1 Vict., c. 90 (1837) An Act to amend the Law relative to Offences punishable by
Transportation for Life.
[Adopted by 2 Vict., No. 1 (1839)]
| 6. |
7 Will. IV & 1 Vict., c. 91 (1837) [Adopted by 2 Vict., No. 1 (1839)]
| No. 78] | Sentencing (Consequential Provisions) |
| s. 147 | Act 1995 |
PART 88 — AMENDMENT OF STATUTORY PENALTIES
IN VARIOUS ACTS
Various Acts amended
147. The Acts set out in the first column of the Table to this
section are amended in the provisions set out in the second
column, and in the manner set out in the third column.
TABLE
| Short title of Act | Provision | Amendment | |
| amended | |||
| Aboriginal Affairs | s. 51 (3) (a) | Delete ‘‘3 months’’ and substitute the | |
| Planning Authority | following — | ||
| Act 1972 | |||
| |||
| Aboriginal | s. 7 (2) (d) | Delete ‘‘, or a term of imprisonment, or both, | |
| Communities | but no fine so imposed shall exceed one | ||
| Act 1979 | hundred dollars and no term of imprisonment so imposed shall exceed three months;’’ and substitute the following — | ||
| |||
| Aboriginal Heritage | s. 57 (1) (a) | In subparagraph (ii), delete ‘‘three’’ and | |
| Act 1972 | substitute the following — | ||
| |||
| Anatomy Act 1930 | s. 22 (2) | Delete ‘‘to imprisonment for a term not exceeding three months, or to a fine not exceeding one hundred dollars.’’ and | |
| substitute the following — | |||
| |||
| s. 22 (3) | At the foot of the subsection, delete ‘‘One hundred dollars.’’ and substitute the following — | ||
|
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 147 |
| Architects Act 1921 | s. 30 | Delete ‘‘or to imprisonment for three months’’. | |
| Building Societies | s. 60 (1) | At the foot of the subsection, delete ‘‘or | |
| Act 1976 | imprisonment for 3 months, or both’’. | ||
| s. 60 (5) | At the foot of the subsection, delete ‘‘or imprisonment for 3 months, or both’’. | ||
| Bush Fires | s. 46 (2) | At the foot of the subsection, delete ‘‘or 3 | |
| Act 1954 | months’ imprisonment or both’’. | ||
| s. 57 | At the foot of the section, delete ‘‘or 3 months’ imprisonment or both’’. | ||
| Business Names | s. 17 | At the foot of the section, delete ‘‘Two | |
| Act 1962 | hundred dollars or imprisonment for three months or both.’’ and substitute the following — | ||
| |||
| Casino Control | s. 26 (6) | At the foot of the subsection, delete ‘‘3 | |
| Act 1984 | months’’ and substitute the following — | ||
| |||
| s. 26 (7) | At the foot of the subsection, delete ‘‘3 months’’ and substitute the following — | ||
| |||
| s. 27 (1) | At the foot of the subsection, delete ‘‘3 months’’ and substitute the following — | ||
| |||
| s. 27 (3) | At the foot of the subsection, delete ‘‘3 months’’ and substitute the following — | ||
| |||
| Change of Names | s. 2 (2) | At the foot of the subsection, delete ‘‘$50 or | |
| Regulation Act 1923 | imprisonment for 3 months.’’ and substitute the following — | ||
|
| No. 78] | Sentencing (Consequential Provisions) |
| s. 147 | Act 1995 |
| Child Welfare | s. 113 (1) | Delete ‘‘$100 or to imprisonment for not | |
| Act 1947 | exceeding 3 months.’’ and substitute the following — | ||
| |||
| s. 125 | At the foot of the section, delete ‘‘$2 000 or imprisonment for 3 months.’’ and substitute the following — | ||
|
| months. | ’’. |
| s. 142 (2) | Delete ‘‘or imprisonment for 3 months’’. |
| Conspiracy and | s. 3 | Delete ‘‘either to pay a penalty not exceeding | |
| Protection of | twenty dollars or to be imprisoned for a | ||
| Property Act 1900 | term not exceeding one month.’’ and substitute the following — | ||
| |||
| s. 4 | Delete ‘‘either to pay a penalty not exceeding twenty dollars or to be imprisoned for a term not exceeding one month.’’ and substitute the following — | ||
| |||
| Country Areas | s. 71 (2) | At the foot of the subsection, delete ‘‘or | |
| Water Supply | imprisonment for three months or both’’. | ||
| Act 1947 |
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 147 |
| The Criminal Code | s. 79 | At the foot of the section, delete ‘‘Imprisonment for 3 months or a fine of ’’. |
| s. 80 | At the foot of the section, delete ‘‘Imprisonment for 3 months or a fine of ’’. | |
| s. 96 | Delete ‘‘3 months, or to a fine of $40.’’ and substitute the following — | |
|
| $4 000. | ’’. |
| s. 100 | Delete ‘‘imprisonment for 2 months, or to a fine of $40.’’ and substitute the following — | ||
| |||
| s. 104 | Delete ‘‘imprisonment for 3 months, or to a fine of $50.’’ and substitute the following — | ||
| |||
| s. 436 | Delete ‘‘imprisonment for 3 months.’’ and substitute the following — | ||
|
| Disposal of | s. 34 | Delete ‘‘two hundred dollars or to | |
| Uncollected Goods | imprisonment for a term of three months or | ||
| Act 1970 | to both the fine and imprisonment.’’ and substitute the following — | ||
|
| No. 78] | Sentencing (Consequential Provisions) |
| s. 147 | Act 1995 |
| Electoral Act 1907 | s. 90 (10) | At the foot of the subsection, delete ‘‘$200 or 3 months imprisonment.’’ and substitute the following — |
|
| imprisonment. | ’’. |
| s. 92 (5) (c) | At the foot of the paragraph, delete ‘‘A fine of $200 or 3 months’ imprisonment.’’ and substitute the following — | ||
| |||
| s. 92 (5) (d) | At the foot of the paragraph, delete ‘‘A fine of $200 or 3 months’ imprisonment.’’ and substitute the following — | ||
| |||
| s. 95 (10) | Delete ‘‘$200 or to imprisonment for 3 months.’’ and substitute the following — | ||
| |||
| s. 190 | In the Table to that section, delete ‘‘Penalty not exceeding $100, or imprisonment not exceeding one month.’’ in the 2 places it occurs and substitute the following — | ||
|
| Equal Opportunity | s. 159 | At the foot of the section, in paragraph (a), |
| Act 1984 | delete ‘‘or imprisonment for 3 months, or both’’. | |
| s. 167 (1) | At the foot of the subsection, delete ‘‘or imprisonment for 3 months, or both’’. | |
| Family Court | s. 28A (2) | Delete ‘‘, or order him to be imprisoned until |
| Act 1975 | (b) | he enters into such a recognizance or until the expiration of 3 months, whichever first occurs’’. |
| s. 53 (2) | Delete ‘‘, or order that person to be | |
| (b) | ||
| imprisoned until that person enters into of 3 months, whichever first occurs’’. |
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 147 |
| Fire Brigades | s. 42 (3) | Delete ‘‘, or to imprisonment for not more | |
| Act 1942 | than 3 months’’. | ||
| Friendly Societies | s. 25 (9) | Delete ‘‘, or to be committed to the nearest | |
| Act 1894 | or most convenient gaol for any term not exceeding three months’’. | ||
| Fruit-Growing | s. 14 (1) | At the foot of the subsection, delete ‘‘or three | |
| Reconstruction | months’ imprisonment’’. | ||
| Scheme Act 1972 | |||
| s. 14 (2) | At the foot of the subsection, delete ‘‘or three months’ imprisonment’’. | ||
| Gaming | s. 35 (a) | Delete ‘‘3 months’’ and substitute the | |
| Commission | following — | ||
| Act 1987 | |||
| |||
| Government | s. 43 | Delete ‘‘imprisonment for any period not | |
| Railways Act 1904 | exceeding two months, or to a penalty not exceeding two hundred dollars.’’ and substitute the following — | ||
| |||
| Growers Charge | s. 7 (a) | Delete ‘‘fifty pounds or imprisonment for a | |
| Act 1940 | period not exceeding three months’’ and substitute the following — | ||
| |||
| Health Act 1911 | s. 360 (1) | Delete ‘‘or imprisonment for a period of 3 | |
| (d) (i) | months’’. | ||
| Hire Purchase | s. 32 | Delete ‘‘or to imprisonment for a term of 3 | |
| Act 1959 | months’’. | ||
| s. 34 | Delete ‘‘$400 or to imprisonment for a term of 3 months.’’ and substitute the following — | ||
| |||
| Human | Schedule, | At the foot of the subclause, delete ‘‘or | |
| Reproductive | cl. 6 (5) | imprisonment for 3 months or both’’. | |
| Technology Act 1991 |
| No. 78] | Sentencing (Consequential Provisions) |
| s. 147 | Act 1995 |
| Human Tissue and | s. 30 | At the foot of the section, delete ‘‘$500 or | |
| Transplant | imprisonment for 3 months or both.’’ and | ||
| Act 1982 | substitute the following — | ||
| |||
| Indecent | s. 2 (2) | Delete the subsection and substitute the | |
| Publications and | following subsection — | ||
| Articles Act 1902 | |||
|
of an offence against this section shall be liable to a penalty not exceeding $1000
for a first offence, and to a
penalty not exceeding $2 000
or to imprisonment for a term
not exceeding 6 months for a
| second or subsequent offence. | ’’. |
| s. 11 (6) | Delete the subsection and substitute the following subsection — | ||
|
of an offence against this section shall be liable to a penalty not exceeding $1000
for a first offence, and to a
penalty not exceeding $2 000
or to imprisonment for a term
not exceeding 6 months for a
| second or subsequent offence. | ’’. |
| Legal Aid | s. 64 (2) | At the foot of the subsection, delete ‘‘or | |
| Commission | imprisonment for 3 months’’. | ||
| Act 1976 | |||
| Listening Devices | s. 6 | At the foot of the section, delete ‘‘three | |
| Act 1978 | months.’’ and substitute the following — | ||
| |||
| Local Government | s. 174 (11) | At the foot of the subsection, delete ‘‘3 | |
| Act 1960 | months’’ and substitute the following — | ||
|
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 147 |
| Maritime | s. 19 (2) | At the foot of the subsection, delete ‘‘Two | |
| Archaeology | hundred dollars or imprisonment for three | ||
| Act 1973 | months or both the fine and imprisonment.’’ and substitute the following — | ||
| |||
| Mining Act 1978 | s. 154 (2) | Delete ‘‘or to imprisonment for a period of 3 months or to both the fine and imprisonment’’. | |
| s. 155 (6) | Delete ‘‘1 months’ imprisonment’’ and substitute the following — | ||
| |||
| Museum Act 1969 | s. 45 (4) | At the foot of the subsection, delete ‘‘Two hundred dollars or imprisonment for three months or both the fine and imprisonment.’’ and substitute the following — | |
| |||
| Oil Refinery | s. 7 (1) | At the foot of the subsection, delete ‘‘Fifty | |
| (Kwinana) | pounds or imprisonment for one month.’’ and | ||
| Agreement Act 1952 | substitute the following — | ||
| |||
| Pawnbrokers | s. 24 | Delete ‘‘ three calendar’’ and substitute the | |
| Act 1860 | following — | ||
| |||
| s. 27A | Repeal the section. |
| No. 78] | Sentencing (Consequential Provisions) |
| s. 147 | Act 1995 |
| Police Act 1892 | s. 13 | Delete ‘‘$100, in addition to the value of the property not so delivered, or to imprisonment for any time not exceeding one month;’’ and substitute the following — |
|
of the property not so
| delivered; | ’’. |
| s. 42 | Delete ‘‘$100, or imprisonment for a term not exceeding one month.’’ and substitute the following — | ||
| |||
| s. 44 | Delete ‘‘$100, or imprisonment for a term not exceeding one month.’’ and substitute the following — | ||
| |||
| s. 50 | Delete ‘‘$100, or at the discretion of the convicting Justice be committed to any gaol or lock-up for any term not exceeding 3 calendar months.’’ and substitute the following — | ||
|
convicting Justice be
| committed to any gaol or lock-up for any term not exceeding 6 calendar months. | ’’. |
| s. 59 | Delete ‘‘$40, or may be committed to gaol for any period not exceeding one calendar month.’’ and substitute the following — | |
|
gaol for any period not
| exceeding 6 calendar months. | ’’. |
| s. 64 | Delete ‘‘$250, or may be imprisoned for any term not exceeding 3 calendar months;’’ and substitute the following — | ||
|
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 147 |
| s. 82 (1) | Delete ‘‘$100, or to be imprisoned for a term not exceeding one calendar month:’’ and substitute the following — | ||
| |||
| s. 82 (2) | Delete ‘‘$100, or to be imprisoned for any term not exceeding one calendar month:’’ and substitute the following — | ||
| |||
| s. 82 (3) | Delete ‘‘$250, or to be imprisoned for a term not exceeding 3 calendar months;’’ and substitute the following — | ||
| |||
| s. 83 (1) | Delete ‘‘$200, or be imprisoned for a term not exceeding 2 calendar months.’’ and substitute the following — | ||
| |||
| s. 83 (2) | Delete ‘‘$200 or to be imprisoned for any term not exceeding 2 calendar months;’’ and substitute the following — | ||
| |||
| s. 84 (1) | Delete ‘‘$250, or imprisonment for a term not exceeding 3 months:’’ and substitute the following — | ||
| |||
| s. 84 (2) | Delete ‘‘$100, or imprisonment for a term not exceeding one month.’’ and substitute the following — | ||
| |||
| s. 102 | Delete ‘‘$100, or to be imprisoned for any term not exceeding one month.’’ and substitute the following — | ||
|
| No. 78] | Sentencing (Consequential Provisions) |
| s. 147 | Act 1995 |
| s. 109 | Delete ‘‘$100 or to imprisonment for any term not exceeding one calendar month;’’ and substitute the following — | ||
| |||
| s. 124 | Delete ‘‘$100 or to be imprisoned for any term not exceeding one calendar month’’ and substitute the following — | ||
|
any term not exceeding
| 6 calendar months | ’’. |
| Police Assistance | s. 10 | At the foot of the section, delete ‘‘Fifty | |
| Compensation | pounds or imprisonment for three months or | ||
| Act 1964 | both.’’ and substitute the following — | ||
| |||
| Psychologists | s. 52 (1) | At the foot of the subsection, delete ‘‘Five | |
| Registration | hundred dollars or imprisonment for a term | ||
| Act 1976 | not exceeding three months.’’ and substitute the following — | ||
| |||
| s. 53 (1) | At the foot of the subsection, delete ‘‘five hundred dollars or imprisonment for a term not exceeding three months.’’ and substitute the following — | ||
| |||
| Road Traffic | s. 20 (3) | At the foot of the subsection, delete ‘‘or | |
| Act 1974 | imprisonment not exceeding 30 days’’. | ||
| s. 44 (2) | At the foot of the subsection, delete ‘‘or imprisonment for 3 months’’. | ||
| s. 49 (1) | At the foot of the subsection, delete ‘‘or imprisonment for 3 months’’. | ||
| s. 53 (1) | At the foot of the subsection, delete ‘‘or imprisonment for one month’’. |
| Sentencing (Consequential Provisions) | [No. 78 |
| Act 1995 | s. 147 |
| s. 56 (1) | At the foot of the subsection, delete ‘‘3 months’’ and substitute the following — | ||
| |||
| s. 60 (3) (a) | Delete ‘‘3 months’’ and substitute the following — | ||
| |||
| s. 61 (3) (b) | Delete ‘‘3 months’’ and substitute the following — | ||
| |||
| s. 79 (4) | Delete ‘‘ or imprisonment for 3 months’’. | ||
| s. 80 (4) | Delete ‘‘or imprisonment for 3 months’’. | ||
| s. 83 (5) | At the foot of the subsection, delete ‘‘or imprisonment for 30 days’’. | ||
| s. 90 | At the foot of the section, delete ‘‘or imprisonment for 3 months’’. |
| Taxation | s. 13 (1) | At the foot of the subsection, delete ‘‘or | |
| (Reciprocal Powers) | imprisonment for 3 months, or both’’. | ||
| Act 1989 | |||
| Totalisator Agency | s. 45 (1) | At the foot of the subsection — | |
| Board Betting |
|
| Act 1960 | months’’; and |
| (b) | delete ‘‘or imprisonment for one month’’. |
| s. 46 (1) | At the foot of the subsection — | |||
|
| Veterinary | s. 63 (2) (a) | Delete subparagraph (ii) and the ‘‘or’’ |
| Preparations and | following that subparagraph. | |
| Animal Feeding Stuffs Act 1976 | ||
| s. 68 (3) (d) | Delete ‘‘or imprisonment for three months’’. |
| No. 78] | Sentencing (Consequential Provisions) |
| s. 147 | Act 1995 |
| Weights and | s. 42 | Delete ‘‘penalty, to be imprisoned for a term |
| Measures Act 1915 | not exceeding three months.’’ and substitute the following — | |
|
| exceeding $1 000. | ’’. |
| Welfare and | s. 21 (1) | At the foot of the subsection, delete ‘‘Fifty | |
| Assistance Act 1961 | pounds, or imprisonment for three months.’’ and substitute the following — | ||
| |||
| s. 22 | At the foot of the section, delete ‘‘Fifty pounds, or imprisonment for three months.’’ and substitute the following — | ||
| |||
| Western Australian | s. 38 (g) | Delete ‘‘fifty pounds or imprisonment for a | |
| Coastal Shipping | period not exceeding three months’’ and | ||
| Act 1965 | substitute the following — | ||
| |||
| s. 39 | Delete ‘‘fifty pounds or imprisonment for a period not exceeding three months, or both’’ and substitute the following — | ||
| |||
| Western Australian | s. 77 (1) | Delete ‘‘$500 or imprisonment for 3 months, | |
| Marine Act 1982 | or both,’’ and substitute the following — | ||
| |||
| Whaling Act 1937 | s. 9 (3) | At the foot of the proviso to that subsection, delete ‘‘Two hundred pounds or imprisonment for three months or both’’ and substitute the following — | |
|
By Authority: JOHN A. STRIJK, Acting Government Printer
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