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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Criminal Injuries Compensation Amendment
Bill 2004
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Section 3 amended 2
5. Section 35 amended 2
6. Section 37 amended 2
7. Section 43 amended 3
8. Section 48A inserted 3
9. Section 68 amended 3
10. Validation 4
291--2 page i
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Criminal Injuries Compensation Amendment
Bill 2004
A Bill for
An Act to amend the Criminal Injuries Compensation Act 2003.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Criminal Injuries Compensation
Amendment Act 2004.
page 1
Criminal Injuries Compensation Amendment Bill 2004
s. 2
2. Commencement
This Act comes into operation on the day on which it receives the
Royal Assent.
3. The Act amended
5 The amendments in this Act are to the Criminal Injuries
Compensation Act 2003*.
[* Act No. 77 of 2003.]
4. Section 3 amended
Section 3 is amended in the definition of "compensation
10 reimbursement order" by inserting after "under section 52" --
"
of this Act, or section 39(1) of the Criminal Injuries
Compensation Act 1985
".
15 5. Section 35 amended
(1) Section 35(2)(c) is amended by deleting "bodily harm" and
inserting instead --
" injury ".
(2) Section 35(2)(e)(i) is amended by deleting "bodily harm" and
20 inserting instead --
" injury ".
6. Section 37 amended
Section 37(3) is amended by deleting "of an injured victim in
respect of the injury or any loss suffered by the victim as a
page 2
Criminal Injuries Compensation Amendment Bill 2004
s. 7
consequence of the commission of an offence if satisfied that
the injury" and inserting instead --
"
of --
5 (aa) an injured victim in respect of the injury or any
loss suffered by the victim; or
(ab) the personal representative of a deceased
victim, in respect of any loss suffered by a
close relative of a deceased victim,
10 as a consequence of the commission of an offence if
satisfied that the injury or death
".
7. Section 43 amended
Section 43 (b) is amended by deleting "made under section 52".
15 8. Section 48A inserted
Before Section 49 the following section is inserted in Part 6 --
"
48A. Interpretation
In this Part --
20 "compensation award" includes an award for
payment of compensation made under the
Criminal Injuries Compensation Act 1985.
".
9. Section 68 amended
25 (1) Section 68 is amended before "If" by inserting the subsection
designation "(1)".
page 3
Criminal Injuries Compensation Amendment Bill 2004
s. 10
(2) After section 68 the following subsection is inserted --
"
(2) In this section --
"compensation award" includes an award for
5 payment of compensation made under the
Criminal Injuries Compensation Act 1985.
".
10. Validation
(1) An order to pay moneys under section 39 of the Criminal
10 Injuries Compensation Act 1985, made on or after 1 January
2004, is deemed to have been made under the Criminal Injuries
Compensation Act 2003, as amended by this Act.
(2) An amount received or recovered as described in section 68 of
the Criminal Injuries Compensation Act 2003, on or after 1
15 January 2004, is deemed to create a debt due under the Criminal
Injuries Compensation Act 2003, as amended by this Act.
(3) A notice given under the Criminal Injuries Compensation Act
1985, on or after 1 January 2004, is deemed to have been given
under the Criminal Injuries Compensation Act 2003, as
20 amended by this Act.
page 4
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