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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Acts Amendment (Assaults on Police Officers)
Bill 2008
CONTENTS
Part 1 -- Preliminary matters
1. Short title 2
2. Commencement 2
Part 2 -- The Criminal Code
amended
3. The Criminal Code amended in this Part 3
4. Section 297 amended 3
5. Section 318 amended 4
Part 3 -- Sentencing Act 1995
amended
6. The Sentencing Act 1995 amended in this Part 5
7. Section 39 amended 5
267--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by Mr Johnson, MLA)
Acts Amendment (Assaults on Police Officers)
Bill 2008
A Bill for
An Act to amend the The Criminal Code and the Sentencing Act 1995.
The Parliament of Western Australia enacts as follows:
page 1
Acts Amendment (Assaults on Police Officers) Bill 2008
Part 1 Preliminary matters
s. 1
Part 1 -- Preliminary matters
1. Short title
This Act may be cited as the Acts Amendment (Assaults on
Police Officers) Act 2008.
5 2. Commencement
This Act comes into operation on the day on which it receives the
Royal Assent.
page 2
Acts Amendment (Assaults on Police Officers) Bill 2008
The Criminal Code amended Part 2
s. 3
Part 2 -- The Criminal Code amended
3. The Criminal Code amended in this Part
The amendments in this Part are to The Criminal Code*.
[* Reprint 12 as at 1 June 2005 (see the schedule to the
5 Criminal Code Act 1913 appearing as Appendix B to the
Criminal Code Act Compilation Act 1913).
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table, p. 112 and
Act No. 3 of 2006.]
10 4. Section 297 amended
(1) Section 297 is amended as follows --
(a) by inserting before "Any person" the subsection
designation "(1)";
(b) by inserting before "If the offence is committed in the"
15 the subsection designation "(2)";
(c) by inserting before "If the offence is committed in
circumstances" the subsection designation "(3)".
(2) At the end of section 297 the following new subsection is
inserted --
20 "
(4) If the offence is committed upon --
(a) public officer who is performing a function of
his office or employment or on account of his
performance of such a function; or
25 (b) any person who is performing a function of a
public nature conferred on him by law or on
account of his performance of such a function;
or
page 3
Acts Amendment (Assaults on Police Officers) Bill 2008
Part 2 The Criminal Code amended
s. 5
(c) any person who is acting in aid of a public
officer or other person referred to in paragraph
(a) or (b) or on account of his having so acted,
the offender is liable to imprisonment for 14 years, and,
5 a court sentencing such an offender shall impose a term
of immediate imprisonment of not less than twelve
months.
".
5. Section 318 amended
10 (1) Section 318 is amended as follows --
(a) by inserting after "is guilty of a crime and is liable to
imprisonment for 10 years." the following new
paragraph --
"
15 Where the person assaulted has suffered bodily
harm, the offender shall be sentenced to a term
of immediate imprisonment of not less than 9
months.
";
20 (b) by inserting after "Summary conviction penalty:
imprisonment and a fine of $36,000" the following --
"
, and notwithstanding the provisions of the
Sentencing Act 1995, where the person
25 assaulted has suffered bodily harm the offender
shall be sentenced to a term of immediate
imprisonment of not less than 3 months
".
page 4
Acts Amendment (Assaults on Police Officers) Bill 2008
The Criminal Code amended Part 3
s. 6
Part 3 -- Sentencing Act 1995 amended
6. The Sentencing Act 1995 amended in this Part
The amendment in this Part is to the Sentencing Act 1995*.
[* Reprint 4 as at 12 August 2005.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 411-12
and Act No. 27 of 2004.]
7. Section 39 amended
Section 39 is amended by inserting after subsection (8) the
10 following --
"
(9) A court sentencing an offender for an offence
under section 318 of The Criminal Code shall
not make a Spent Conviction Order.
15 ".
page 5
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