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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Criminal Code Amendment Bill 2001
CONTENTS
1. Short title 1
2. Commencement 2
3. Section 338C replaced 2
page i
68 -- 1
Western Australia
LEGISLATIVE ASSEMBLY
Criminal Code Amendment Bill 2001
A Bill for
An Act to amend The Criminal Code.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Criminal Code Amendment
Act 2001.
page 1
Criminal Code Amendment Bill 2001
s. 2
2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
3. Section 338C replaced
5 Section 338C of The Criminal Code* is repealed and the
following section is inserted instead --
"
338C. Statements or acts creating false apprehension as to
the existence of threats or danger
10 (1) Any person who makes a statement or conveys
information which that person knows to be false and
which expressly indicates, or may reasonably be
construed as indicating --
(a) that a threat to unlawfully do anything
15 mentioned in section 338(a), (b), (c) or (d) has
been made; or
(b) that there has been, is, or is to be an intention,
proposal, plan or conspiracy to unlawfully do
anything mentioned in section 338(a), (b), (c)
20 or (d),
is guilty of a crime.
(2) Any person who --
(a) does any act with the intention of creating a
belief, suspicion or fear that anything
25 mentioned in section 338(a), (b), (c) or (d) is
being, or has been, unlawfully done or
attempted; and
(b) knows, at the time of doing that act, that the
circumstance with respect to which the belief,
page 2
Criminal Code Amendment Bill 2001
s. 3
suspicion or fear is intended to be created does
not exist,
is guilty of a crime.
(3) A person who commits a crime under this section is
5 liable to --
(a) imprisonment for 10 years if the --
(i) threat referred to in subsection (1)(a);
(ii) intention, proposal, plan or conspiracy
referred to in subsection (1)(b); or
10 (iii) belief, suspicion or fear referred to in
subsection (2)(a),
relates to something mentioned in
section 338(a), (b) or (c); or
(b) imprisonment for 3 years in any other case.
15 Summary conviction penalty:
(c) in a case to which paragraph (a) applies:
Imprisonment for 3 years or a fine of $12 000;
or
(d) in a case to which paragraph (b) applies:
20 Imprisonment for 18 months or a fine of
$6 000.
(4) A court convicting a person of a crime under this
section may, in addition to, or without, imposing any
penalty, order that person to pay the amount of any
25 wages attributable to, or expenses reasonably incurred
with respect to, any investigation, inquiry or search
made, whether by a member of the Police Force or
otherwise, as a result of the statement, information or
act by reason of which the person is convicted.
page 3
Criminal Code Amendment Bill 2001
s. 3
(5) An order made under subsection (4) --
(a) must specify to whom and in what manner the
amount is to be paid; and
(b) may be enforced as though the amount so
5 ordered to be paid were a penalty imposed
under this section.
".
[* Reprinted as at 9 February 2001 as the Schedule to the
Criminal Code Act 1913 appearing as Appendix B to the
10 Criminal Code Compilation Act 1913.]
page 4
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