CRIMINAL INVESTIGATION (CONSEQUENTIAL PROVISIONS) BILL 2005

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CRIMINAL INVESTIGATION (CONSEQUENTIAL PROVISIONS) BILL 2005

Western Australia Criminal Investigation (Consequential Provisions) Bill 2005 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 Part 2 -- Bail Act 1982 amended 3. The Act amended by this Part 3 4. Section 6 replaced and consequential amendments 3 6. Duty on arresting officer and others to consider bail 3 5. Section 6A inserted 5 6A. Whether custody justified to be considered in certain cases 5 6. Section 12 amended 7 7. Sections 18 and 19 repealed and consequential amendment to section 27 7 Part 3 -- Corruption and Crime Commission Act 2003 amended 8. The Act amended in this Part 8 9. Section 56 repealed 8 10. Section 101 amended 8 11. Section 184 amended 8 12. Section 223A inserted 9 223A. Disposal of things seized under this Act 9 Part 4 -- Court Security and Custodial Services Act 1999 amended 13. The Act amended in this Part 11 115--3 page i

Criminal Investigation (Consequential Provisions) Bill 2005 Contents 14. Section 3 amended 11 15. Schedule 2 amended 11 7. Power to take identifying particulars of persons in custody 11 Part 5 -- The Criminal Code amended Division 1 -- Amendments 16. The Criminal Code amended in this Part 13 17. Section 70A amended 13 18. Section 74A amended 13 19. Section 80J inserted 13 80J. Forfeiture of unlawful material 13 20. Section 231 amended 13 21. Section 232 repealed 14 22. Sections 236 and 237 repealed 14 23. Section 243 replaced 14 243. Prevention of violence by mentally impaired person 14 24. Section 473 amended 15 25. Section 557B repealed 15 26. Chapters LX and LXA repealed 15 27. Chapter LXXII repealed 15 28. Section 731 inserted 15 731. Forfeiture etc. of property used to commit offences 15 Division 2 -- Transitional provisions 29. Search warrants and related matters 16 Part 6 -- Criminal Investigation (Extra-territorial Offences) Act 1987 amended 30. The Act amended in this Part 18 31. Long title replaced 18 32. Headings inserted 18 Part 1 -- Preliminary Part 2 -- Search warrants Part 5 -- Miscellaneous 33. Certain references to "this Act" amended 19 page ii

Criminal Investigation (Consequential Provisions) Bill 2005 Contents 34. Section 8 replaced by Parts 3 and 4 19 Part 3 -- Searching vehicles 8. Vehicle in WA used to commit offence outside WA 19 Part 4 -- Arrest powers 8A. Arrest power for foreign offence 21 Part 7 -- Criminal Investigation (Identifying People) Act 2002 amended 35. The Act amended in this Part 24 36. Section 4 amended 24 37. Section 15 replaced 24 15. Warrants, applying for 24 38. Section 47 amended 26 39. Section 83 amended 27 40. Part 14 and Schedules 1 and 2 repealed 27 Part 8 -- Criminal Procedure Act 2004 amended 41. The Act amended in this Part 28 42. Section 30 amended 28 43. Section 35 amended 30 44. Section 42 amended 30 45. Section 61 amended 30 46. Section 95 amended 30 Part 9 -- Gaming and Wagering Commission Act 1987 amended 47. The Act amended in this Part 31 48. Section 31 amended 31 49. Section 31A inserted 31 31A. Powers to assist seizing things 31 50. Section 32 amended 31 51. Section 32A inserted 32 32A. Disposing of seized or forfeited things 32 52. Section 41 amended 32 page iii

Criminal Investigation (Consequential Provisions) Bill 2005 Contents Part 10 -- Liquor Licensing Act 1988 amended 53. The Act amended in this Part 33 54. Section 113 amended 33 55. Section 155 amended 33 56. Section 172A inserted 33 172A. Forfeiture 33 57. Section 174A inserted 34 174A. Application of Criminal and Found Property Disposal Act 2005 34 Part 11 -- Maritime Archaeology Act 1973 amended 58. The Act amended in this Part 35 59. Section 11 amended 35 Part 12 -- Police Act 1892 amended Division 1 -- Amendments 60. The Act amended in this Part 36 61. Section 2 repealed 36 62. Section 7 amended 36 63. Part III replaced 36 Part III -- Special constables 34. Interpretation 36 35. Appointing and terminating special constables 37 36. Functions of special constables 37 37. Special constables not in the Police Force 39 64. Part V repealed 39 65. Part VI repealed 39 66. Section 123 repealed 39 67. Section 124 repealed 39 Division 2 -- Transitional provisions 68. Existing special constables' appointments terminated 40 69. Search warrants and related matters 40 70. Embargo notices 40 page iv

Criminal Investigation (Consequential Provisions) Bill 2005 Contents Part 13 -- Prostitution Act 2000 amended 71. The Act amended in this Part 42 72. Section 34 replaced 42 34. Powers to assist seizing things 42 Part 14 -- Various Acts amended 73. Various Acts amended (Sch. 1) 43 Schedule 1 -- Various Acts amended 1. Betting Control Act 1954 44 2. Criminal Appeals Act 2004 44 3. Disposal of Uncollected Goods Act 1970 44 4. Energy Operators (Powers) Act 1979 44 5. Firearms Act 1973 45 6. Guardianship and Administration Act 1990 45 7. Industrial Relations Act 1979 45 8. Interpretation Act 1984 45 9. Magistrates Court Act 2004 46 10. Poisons Act 1964 46 11. Prisons Act 1981 46 12. Public Interest Disclosure Act 2003 46 13. Public Works Act 1902 46 14. Unclaimed Money Act 1990 47 15. Western Australian Meat Industry Authority Act 1976 47 16. The Western Australian Turf Club Act 1892 47 page v

Western Australia LEGISLATIVE ASSEMBLY (As amended in Committee) Criminal Investigation (Consequential Provisions) Bill 2005 A Bill for An Act to amend various Acts as a consequence of the enactment of the -- · Criminal Investigation Act 2005; and · Criminal and Found Property Disposal Act 2005, and for related purposes. The Parliament of Western Australia enacts as follows: page 1

Criminal Investigation (Consequential Provisions) Bill 2005 Part 1 Preliminary s. 1 Part 1 -- Preliminary 1. Short title This is the Criminal Investigation (Consequential Provisions) Act 2005. 5 2. Commencement (1) This Act comes into operation on a day fixed by proclamation. (2) Different days may be fixed under subsection (1) for different provisions. page 2

Criminal Investigation (Consequential Provisions) Bill 2005 Bail Act 1982 amended Part 2 s. 3 Part 2 -- Bail Act 1982 amended 3. The Act amended by this Part The amendments in this Part are to the Bail Act 1982*. [* Reprint 5 as at 1 April 2005.] 5 4. Section 6 replaced and consequential amendments (1) Section 6 is repealed and the following section is inserted instead -- " 6. Duty on arresting officer and others to consider bail 10 (1) This section applies to a police officer or other person (the "arrester") who -- (a) charges a person who is under arrest (the "accused") with an offence; and (b) does not release the accused unconditionally 15 under section 141 of the Criminal Investigation Act 2005, or who arrests a person under a warrant. (2) This section is subject to -- (a) the exercise of the power conferred by 20 section 9; and (b) sections 10, 12 and 16 and clause 3A of Part C of Schedule 1. (3) The duties in this section shall be performed whether or not an application for bail is made by or on behalf of 25 the accused. page 3

Criminal Investigation (Consequential Provisions) Bill 2005 Part 2 Bail Act 1982 amended s. 4 (4) As soon as is practicable after the accused is charged, or arrested under a warrant, as the case may be, the arrester shall either -- (a) bring the accused or cause the accused to be 5 brought before a court; or (b) perform the other duties of the arrester under this section. (5) If the arrester has power to grant the accused bail, the arrester shall consider the accused's case for bail. 10 (6) If the arrester does not have power to grant the accused bail, the arrester shall, unless subsection (8), (9) or (10) applies, bring or cause the accused to be brought before an authorised police officer or a justice or, in the case of a child, any authorised officer or a justice, who shall 15 consider the accused's case for bail as soon as is practicable. (7) Even if the arrester has power to grant the accused bail, the arrester may, instead of complying with subsection (5), comply with subsection (6) as if the 20 arrester did not. (8) If under section 15 only a Judge of the Supreme Court or a Judge of the Children's Court has power to grant the accused bail, the arrester shall bring the accused or cause the accused to be brought before a Judge of the 25 Supreme Court or a Judge of the Children's Court, as the case requires, who shall consider the accused's case for bail as soon as is practicable. (9) If under section 16 only a justice has power to grant the accused bail, the arrester shall bring the accused or 30 cause the accused to be brought before a justice, who shall consider the accused's case for bail as soon as is practicable. page 4

Criminal Investigation (Consequential Provisions) Bill 2005 Bail Act 1982 amended Part 2 s. 5 (10) If section 16A applies, the arrester shall bring the accused or cause the accused to be brought before a court or Judge referred to in section 16A(1), who shall consider the accused's case for bail as soon as is 5 practicable. ". (2) Section 7(3)(a) is amended by deleting "section 6(3)" and inserting instead -- " section 6(8) or (9) ". 10 (3) Section 16(1) is amended by deleting "section 6(2)(b)." and inserting instead -- " section 6(9). ". (4) Section 61(2)(b) is amended by deleting "section 6(2a)." and inserting instead -- 15 " section 6(7). ". 5. Section 6A inserted After section 6 the following section is inserted -- " 6A. Whether custody justified to be considered in 20 certain cases (1) In this section -- "accused" means an accused who is under arrest, other than pursuant to a warrant; "released" means released from custody without being 25 required to enter into, or without having entered into, a bail undertaking; "serious offence" means an indictable offence the penalty specified by a written law for which is or includes imprisonment for 5 years or more or life; page 5

Criminal Investigation (Consequential Provisions) Bill 2005 Part 2 Bail Act 1982 amended s. 5 "summary court" means the Magistrates Court or the Children's Court. (2) An authorised officer or justice who is considering an accused's case for bail for an initial appearance in a 5 summary court on a charge of an indictable offence that is not a serious offence may order that the accused be served with a summons under the Criminal Procedure Act 2004, and released, in respect of the charge unless satisfied -- 10 (a) that there are reasonable grounds to suspect the accused would not obey the summons if served with it; or (b) that not releasing the accused is justified under subsection (4) or for any other reason. 15 (3) An authorised officer or justice who is considering an accused's case for bail for an initial appearance in a summary court on a charge of a simple offence must order that the accused be served with a court hearing notice under the Criminal Procedure Act 2004, and 20 released, in respect of the charge unless satisfied -- (a) that the presence of the accused when the charge is dealt with is likely to be necessary for any reason or for sentencing purposes; or (b) that not releasing the accused is justified under 25 subsection (4) or for any other reason. (4) Not releasing an accused is justified if there are reasonable grounds to suspect that if the accused were released -- (a) the accused -- 30 (i) would commit an offence; (ii) would continue or repeat an offence with which he or she is charged; page 6

Criminal Investigation (Consequential Provisions) Bill 2005 Bail Act 1982 amended Part 2 s. 6 (iii) would endanger another person's safety or property; or (iv) would interfere with witnesses or otherwise obstruct the course of justice, 5 whether in relation to the accused or any other person; or (b) the accused's safety would be endangered. (5) This section does not affect the operation of section 28 10 or 30 of the Criminal Procedure Act 2004. ". 6. Section 12 amended Section 12 is amended as follows: (a) by inserting after "requires" -- 15 " or permits "; (b) by deleting "section 236 of The Criminal Code, section 50AA of the Police Act 1892" and inserting instead -- " Part 12 of the Criminal Investigation Act 2005 ". 20 7. Sections 18 and 19 repealed and consequential amendment to section 27 (1) Sections 18 and 19 are repealed. (2) Section 27(1) is amended by deleting ", an authorised police officer who dispenses with bail under section 18,". page 7

Criminal Investigation (Consequential Provisions) Bill 2005 Part 3 Corruption and Crime Commission Act 2003 amended s. 8 Part 3 -- Corruption and Crime Commission Act 2003 amended 8. The Act amended in this Part The amendments in this Part are to the Corruption and Crime 5 Commission Act 2003*. [* Reprint 1 as at 5 January 2004. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 96.] 9. Section 56 repealed 10 Section 56 is repealed. 10. Section 101 amended (1) After section 101(2) the following subsection is inserted -- " (2a) An application for a warrant must be made in 15 accordance with section 12 of the Criminal Investigation Act 2005 which applies with any necessary changes. ". (2) Section 101(7) is repealed. 20 11. Section 184 amended (1) Section 184(3) is repealed and the following subsections are inserted instead -- " (3) For the purposes of the Criminal Investigation Act 25 2005 -- (a) the office of authorised officer is prescribed to be a public officer; and (b) a holder of that office may exercise all of the powers of a public officer in that Act; and page 8

Criminal Investigation (Consequential Provisions) Bill 2005 Corruption and Crime Commission Act 2003 amended Part 3 s. 12 (c) the Commissioner is prescribed to be a senior officer in relation to the authorised officer for the purposes of sections 44, 47, 97 and 132 of that Act. 5 (3a) In addition to the powers conferred by subsection (3), an authorised officer may exercise the powers of a police officer in section 40 of the Criminal Investigation Act 2005. (3b) For the purposes of the Criminal Investigation 10 (Identifying People) Act 2002 -- (a) the office of authorised officer is prescribed to be a public officer; and (b) a holder of that office may exercise all of the powers of a public officer in that Act; and 15 (c) the Commissioner is prescribed to be a senior officer in relation to the authorised officer. (3c) An authorised officer has and may perform all of the functions that a police officer has and may perform under any law of the State, other than the Acts referred 20 to in subsections (3) to (3b). ". (2) Section 184(4) is amended by deleting "subsection (3)" and inserting instead -- " subsections (3) to (3c) ". 25 12. Section 223A inserted After section 223 the following section is inserted -- " 223A. Disposal of things seized under this Act (1) The Criminal and Found Property Disposal Act 2005 30 applies to and in respect of anything seized under this Act, other than a thing seized under section 75(4). page 9

Criminal Investigation (Consequential Provisions) Bill 2005 Part 3 Corruption and Crime Commission Act 2003 amended s. 12 (2) For the purposes of the Criminal and Found Property Disposal Act 2005 -- (a) the Commission is a prescribed agency; and (b) the Commissioner is the chief officer of the 5 Commission. ". page 10

Criminal Investigation (Consequential Provisions) Bill 2005 Court Security and Custodial Services Act 1999 amended Part 4 s. 13 Part 4 -- Court Security and Custodial Services Act 1999 amended 13. The Act amended in this Part The amendments in this Part are to the Court Security and 5 Custodial Services Act 1999*. [* Reprint 2 as at 9 September 2005.] 14. Section 3 amended Section 3 is amended in the definition of "police officer" as follows: 10 (a) by inserting "or" after paragraph (a); (b) by deleting paragraph (b) and "or" after it. 15. Schedule 2 amended Schedule 2 clause 7 is repealed and the following clause is inserted instead -- 15 " 7. Power to take identifying particulars of persons in custody (1) In this clause -- "identifying particular" of a person means -- 20 (a) a print of the person's hands (including fingers), feet (including toes) or ears; (b) a photograph of the person (including of an identifying feature of the person); (c) a measurement of any identifying feature of the 25 person. page 11

Criminal Investigation (Consequential Provisions) Bill 2005 Part 4 Court Security and Custodial Services Act 1999 amended s. 15 (2) In respect of a person in custody who is at a custodial place or being moved between custodial places, the power to take or cause to be taken from the person any identifying particular of the person that an authorised person suspects 5 on reasonable grounds -- (a) is not or may not be held by the Police Force; or (b) is or may be needed to verify the person's identity with identification particulars already held by the Police Force. 10 (3) Sections 49 to 51 of the Criminal Investigation (Identifying People) Act 2002, with any necessary changes, apply to and in respect of taking an identifying particular from a person under subclause (2) as if the person were a charged suspect. (4) The taking of an identifying particular under subclause (2) 15 must be done in accordance with Part 8 of the Criminal Investigation (Identifying People) Act 2002 which applies with any necessary changes. (5) Sections 67 and 69 of the Criminal Investigation (Identifying People) Act 2002, with any necessary changes, 20 apply to and in respect of any identifying particular taken under this clause from a person as if the particular had been obtained under Part 7 of that Act and the person were a suspect. ". page 12

Criminal Investigation (Consequential Provisions) Bill 2005 The Criminal Code amended Part 5 Amendments Division 1 s. 16 Part 5 -- The Criminal Code amended Division 1 -- Amendments 16. The Criminal Code amended in this Part The amendments in this Part are to The Criminal Code*. 5 [* Reprint 12 as at 1 June 2005 (see the Schedule to the Criminal Code Act 1913 appearing as Appendix B to the Criminal Code Compilation Act 1913).] 17. Section 70A amended Section 70A(1) is amended in the definition of "police officer" 10 by deleting "Part I, III" and inserting instead -- " Part I ". 18. Section 74A amended Section 74A(4) is repealed. 19. Section 80J inserted 15 After section 80I the following section is inserted in Chapter XI -- " 80J. Forfeiture of unlawful material A court that convicts a person of an offence under 20 section 79, 80, 80C or 80D may make an order for the forfeiture to the State, or the destruction or disposal, of any written or pictorial material in respect of which the offence was committed. ". 25 20. Section 231 amended (1) Section 231 is amended by inserting before "It is lawful" the subsection designation "(1)". page 13

Criminal Investigation (Consequential Provisions) Bill 2005 Part 5 The Criminal Code amended Division 1 Amendments s. 21 (2) At the end of section 231 the following subsection is inserted -- " (2) In determining whether any process or warrant might have been executed, or any arrest made, in a less 5 forcible manner, the following shall be taken into account -- (a) whether the person executing the process or warrant had it with him or her and produced it at the time; 10 (b) if it was practicable to do so at the time, whether the person making an arrest, whether with or without a warrant, gave notice of the process or warrant under which the person was acting or of the cause of the arrest. 15 ". 21. Section 232 repealed Section 232 is repealed. 22. Sections 236 and 237 repealed Sections 236 and 237 are repealed. 20 23. Section 243 replaced Section 243 is repealed and the following section is inserted instead -- " 243. Prevention of violence by mentally impaired person 25 It is lawful for any person to use such force as is reasonably necessary in order to prevent a person whom he believes, on reasonable grounds, to be mentally impaired from doing violence to any person or property. 30 ". page 14

Criminal Investigation (Consequential Provisions) Bill 2005 The Criminal Code amended Part 5 Amendments Division 1 s. 24 24. Section 473 amended After section 473(2) the following subsection is inserted -- " (3) A court that convicts a person of an offence under this 5 section may make an order for the forfeiture to the State, or the destruction or disposal, of any record in respect of which the offence was committed. ". 25. Section 557B repealed 10 Section 557B is repealed. 26. Chapters LX and LXA repealed Chapters LX and LXA are repealed. 27. Chapter LXXII repealed Chapter LXXII is repealed. 15 28. Section 731 inserted After section 730 the following section is inserted -- " 731. Forfeiture etc. of property used to commit offences (1) A court that convicts a person of an offence under this 20 Code may make an order for the forfeiture to the State, or the destruction or disposal, of any thing that was used in or in connection with the commission of the offence. (2) A court must not make an order under subsection (1) in 25 respect of any property unless the owner or any person who claims to be the owner of it has been afforded the opportunity to show cause why the order should not be made. ". page 15

Criminal Investigation (Consequential Provisions) Bill 2005 Part 5 The Criminal Code amended Division 2 Transitional provisions s. 29 Division 2 -- Transitional provisions 29. Search warrants and related matters (1) In this section -- "repeal day" means the day on which section 27 comes into 5 operation. (2) This section does not limit the operation of the Interpretation Act 1984 Part V. (3) If immediately before repeal day a warrant issued under The Criminal Code section 711 is in force but not executed, then, 10 subject to the terms of the warrant, the warrant may be executed on or after repeal day and, if any thing is seized under it -- (a) despite section 711 and the warrant, the thing must not be taken before a justice to be dealt with according to law; and 15 (b) the Criminal and Found Property Disposal Act 2005 applies to and in respect of the thing. (4) If immediately before repeal day a warrant issued under The Criminal Code section 716 is in force but not executed, then, subject to the terms of the warrant, the warrant may be executed 20 on or after repeal day and, if any person is found under it, then, despite section 716 and the warrant, the person must be released unless another written law provides to the contrary. (5) If immediately before repeal day a person is in possession of any thing seized or taken under The Criminal Code, then on 25 repeal day, subject to any order previously made in respect of the thing under The Criminal Code section 714, the thing is to be taken to be seized property for the purposes of the Criminal and Found Property Disposal Act 2005 and that Act applies to and in respect of it accordingly. 30 (6) If immediately before repeal day proceedings under The Criminal Code section 714A in respect of any property are pending in the Magistrates Court, then section 714A operates in page 16

Criminal Investigation (Consequential Provisions) Bill 2005 The Criminal Code amended Part 5 Transitional provisions Division 2 s. 29 respect of the property on and after repeal day despite its repeal on repeal day. page 17

Criminal Investigation (Consequential Provisions) Bill 2005 Part 6 Criminal Investigation (Extra-territorial Offences) Act 1987 amended s. 30 Part 6 -- Criminal Investigation (Extra-territorial Offences) Act 1987 amended 30. The Act amended in this Part The amendments in this Part are to the Criminal Investigation 5 (Extra-territorial Offences) Act 1987*. [* Reprinted as at 23 August 2002. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 111.] 31. Long title replaced 10 The long title is repealed and the following long title is inserted instead -- " An Act to provide powers to investigate in this State certain offences against the law of other places, and for related 15 purposes. ". 32. Headings inserted (1) Immediately before section 1 the following heading is inserted -- 20 " Part 1 -- Preliminary ". (2) Immediately before section 3 the following heading is inserted -- 25 " Part 2 -- Search warrants ". page 18

Criminal Investigation (Consequential Provisions) Bill 2005 Criminal Investigation (Extra-territorial Offences) Act 1987 Part 6 amended s. 33 (3) Immediately before section 9 the following heading is inserted -- " Part 5 -- Miscellaneous 5 ". 33. Certain references to "this Act" amended (1) Section 3(1) and (2) are amended by deleting "this Act" in each place it occurs and in each place inserting instead -- " this Part ". 10 (2) Section 4(1)(a) is amended by deleting "this Act" and inserting instead -- " this Part ". (3) Section 7(1)(a) is amended by deleting "this Act" and inserting instead -- 15 " this Part ". 34. Section 8 replaced by Parts 3 and 4 Section 8 is repealed and the following Parts are inserted instead -- " 20 Part 3 -- Searching vehicles 8. Vehicle in WA used to commit offence outside WA (1) In this section -- "vehicle" means any thing capable of transporting people or things by air, road, rail or water, and it 25 does not matter how the thing is moved or propelled. (2) If a member of the Police Force reasonably suspects that a vehicle in this State is being or may be used for a page 19

Criminal Investigation (Consequential Provisions) Bill 2005 Part 6 Criminal Investigation (Extra-territorial Offences) Act 1987 amended s. 34 journey to a place outside this State for the purpose of doing or attempting to do an act that, if it were done in this State, would be an element of an offence, he -- (a) may stop, detain, enter and search the vehicle; 5 (b) may search any person on board; and (c) while he reasonably suspects that the journey may be commenced or continued for that purpose -- (i) may take charge of the vehicle and 10 detain it at any place he thinks fit; or (ii) may take any reasonably necessary action to prevent the vehicle from commencing or continuing its journey. (3) Sections 18 and 19 of the Criminal Investigation 15 Act 2005, with any necessary changes, apply to and in respect of the power in subsection (2)(a) to stop a vehicle. (4) A member of the Police Force who has detained a vehicle under subsection (2)(c), or a person aggrieved 20 by any action of such a member under subsection (2)(c), may apply to the Magistrates Court for an order under subsection (5). (5) On such an application, the Magistrates Court may do any or all of the following -- 25 (a) order that the vehicle be released -- (i) unconditionally; or (ii) on conditions imposed by the court; (b) order that the vehicle be detained for a period set by the court or until the court makes a 30 further order; (c) make an order as to the payment of expenses incurred or to be incurred by the Police Force in page 20

Criminal Investigation (Consequential Provisions) Bill 2005 Criminal Investigation (Extra-territorial Offences) Act 1987 Part 6 amended s. 34 relation to the stopping, detaining or safe keeping of the vehicle; (d) make an order as to the costs of the application. (6) An order made under subsection (5)(a)(ii) may -- 5 (a) impose conditions that not only relate to the release of the vehicle but also to the use that may be made of the vehicle during a period set by the court and specified in the order; (b) require a person to enter into an undertaking, 10 with or without sureties, to comply with the order. (7) The amount of any expenses or costs ordered to be paid under subsection (5) may be recovered as a judgment debt in a court of competent jurisdiction from the 15 person ordered to pay them. (8) For the purposes of subsection (7) a registrar of the Magistrates Court may issue a certified copy of the order and that order may be registered in a court of competent jurisdiction. 20 Part 4 -- Arrest powers 8A. Arrest power for foreign offence (1) In this section -- "foreign offence" means an offence against the law of the Commonwealth or of a place outside this State 25 (whether in or outside Australia) that, if committed in this State, would have a statutory penalty that is or includes imprisonment for 12 months or more or life. (2) A member of the Police Force may arrest a person in 30 this State for a foreign offence if he reasonably page 21

Criminal Investigation (Consequential Provisions) Bill 2005 Part 6 Criminal Investigation (Extra-territorial Offences) Act 1987 amended s. 34 suspects that the person has committed or is committing the offence. (3) A person arrested under subsection (2) must be taken to the Magistrates Court or, if he or she is under 18 years 5 of age, the Children's Court, as soon as practicable after being arrested. (4) The court to which the arrested person is taken may -- (a) discharge the person from custody; or (b) order that the person be kept in custody until, 10 and brought before the court on, a date set by the court (the "return date") that is not less than 7 days after the day on which the person was arrested unless before that date a warrant for the person's arrest is executed under a law 15 of the Commonwealth. (5) A court that makes an order under subsection (4)(b) may grant the person bail to appear before the court on the return date. (6) If the arrested person is brought or appears before the 20 court on the return date, the court must discharge the person from custody unless the court is presented with a warrant for the person's arrest that may be executed under a law of the Commonwealth. (7) If under subsection (5) the court grants the person bail 25 and the person enters into a bail undertaking under the Bail Act 1982, then -- (a) if a warrant for the person's arrest is executed under a law of the Commonwealth before or on the date on which the person has undertaken to 30 appear, the undertaking ceases to have effect when the warrant is executed; (b) if paragraph (a) does not apply and the person does not appear in accordance with the page 22

Criminal Investigation (Consequential Provisions) Bill 2005 Criminal Investigation (Extra-territorial Offences) Act 1987 Part 6 amended s. 34 undertaking, the Bail Act 1982 applies and the person may be dealt with accordingly. (8) For the purposes this section, the Bail Act 1982 applies to and in respect of the arrested person as if the person 5 had been charged with an offence against the law of this State. (9) Proceedings under this section form part of the criminal jurisdiction of the Magistrates Court or the Children's Court. 10 ". page 23

Criminal Investigation (Consequential Provisions) Bill 2005 Part 7 Criminal Investigation (Identifying People) Act 2002 amended s. 35 Part 7 -- Criminal Investigation (Identifying People) Act 2002 amended 35. The Act amended in this Part The amendments in this Part are to the Criminal Investigation 5 (Identifying People) Act 2002*. [* Act No. 6 of 2002. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 111-12 and Act No. 84 of 2004.] 10 36. Section 4 amended Section 4 is amended by deleting ", acting in good faith,". 37. Section 15 replaced Section 15 is repealed and the following section is inserted instead -- 15 " 15. Warrants, applying for (1) In this section -- "judicial officer" means a JP or a magistrate, as the case requires. 20 (2) A reference in this section to making an application includes a reference to giving information in support of the application. (3) This section applies to and in respect of an application to a judicial officer for a warrant if another section of 25 this Act requires the application to be made under this section. (4) The application must be made in person before the judicial officer unless -- (a) the warrant is needed urgently; and page 24

Criminal Investigation (Consequential Provisions) Bill 2005 Criminal Investigation (Identifying People) Act 2002 amended Part 7 s. 37 (b) the applicant reasonably suspects that a judicial officer is not available within a reasonable distance of the applicant, in which case -- 5 (c) it may be made to a judicial officer by remote communication; and (d) the judicial officer must not grant it unless satisfied about the matters in paragraphs (a) and (b). 10 (5) The application must be made in writing unless -- (a) the application is made by remote communication; and (b) it is not practicable to send the judicial officer written material, 15 in which case -- (c) it may be made orally; and (d) the judicial officer must make a written record of the application and any information given in support of it. 20 (6) The application must be made on oath unless -- (a) the application is made by remote communication; and (b) it is not practicable for the judicial officer to administer an oath to the applicant, 25 in which case -- (c) it may be made in an unsworn form; and (d) if the judicial officer issues a warrant, the applicant must as soon as practicable send the judicial officer an affidavit verifying the 30 application and any information given in support of it. page 25

Criminal Investigation (Consequential Provisions) Bill 2005 Part 7 Criminal Investigation (Identifying People) Act 2002 amended s. 38 (7) If on an application made by remote communication a judicial officer issues a warrant, the judicial officer must, if practicable, send a copy of the original warrant to the applicant by remote communication, but 5 otherwise -- (a) the judicial officer must give the applicant by remote communication any information that must be set out in the warrant; (b) the applicant must complete a form of a warrant 10 with the information received and give the judicial officer a copy of the form as soon as practicable after doing so; and (c) the judicial officer must attach the copy of the form to the original warrant and any affidavit 15 received from the applicant and make them available for collection by the applicant. (8) The copy of the original warrant sent, or the form of the warrant completed, as the case may be, under subsection (7) has the same force and effect as the 20 original warrant. ". 38. Section 47 amended (1) Section 47 is amended in the definition of "charged suspect" by deleting "a serious offence" and inserting instead -- 25 " an offence ". (2) Section 47 is amended by deleting the definition of "identifying particular" and inserting instead -- " "identifying particular", in relation to a charged 30 suspect charged with a serious offence, means -- (a) a print of the suspect's hands (including fingers), feet (including toes) or ears; page 26

Criminal Investigation (Consequential Provisions) Bill 2005 Criminal Investigation (Identifying People) Act 2002 amended Part 7 s. 39 (b) a photograph of the suspect (including of an identifying feature of the suspect); (c) a measurement of any identifying feature of the suspect; 5 (d) the suspect's DNA profile; "identifying particular", in relation to a charged suspect charged with an offence other than a serious offence, means -- (a) a print of the suspect's hands (including 10 fingers), feet (including toes) or ears; (b) a photograph of the suspect (including of an identifying feature of the suspect); (c) a measurement of any identifying feature of the suspect. 15 ". 39. Section 83 amended Section 83(3)(e) is deleted and the following paragraph is inserted instead -- " 20 (e) the court is of the opinion that the contravention arose out of a mistaken but reasonable belief as to whether a person was a protected person. ". 25 40. Part 14 and Schedules 1 and 2 repealed Part 14 and Schedules 1 and 2 are repealed. page 27

Criminal Investigation (Consequential Provisions) Bill 2005 Part 8 Criminal Procedure Act 2004 amended s. 41 Part 8 -- Criminal Procedure Act 2004 amended 41. The Act amended in this Part The amendments in this Part are to the Criminal Procedure Act 2004*. 5 [* Act No. 71 of 2004.] 42. Section 30 amended (1) Section 30(4) is repealed and the following subsections are inserted instead -- " 10 (4) A magistrate to whom an application is made under section 28 for an arrest warrant for an accused for a charge of an indictable offence must not issue the warrant unless satisfied -- (a) that the prosecution notice containing the 15 charge complies with section 23; and (b) that there are reasonable grounds to suspect the accused committed the offence; and (c) that -- (i) there are reasonable grounds to suspect 20 that, if a summons were issued in relation to the prosecution notice, the accused would avoid service of the summons or would not obey the summons; or 25 (ii) the issue of the warrant is justified under subsection (5). (4a) A magistrate to whom an application is made under section 28 for an arrest warrant for an accused for a charge of a simple offence must not issue the warrant 30 unless satisfied -- (a) that the prosecution notice containing the charge complies with section 23; and page 28

Criminal Investigation (Consequential Provisions) Bill 2005 Criminal Procedure Act 2004 amended Part 8 s. 42 (b) that there are reasonable grounds to suspect the accused committed the offence; and (c) that -- (i) there are reasonable grounds to suspect 5 that if a court hearing notice were issued in relation to the prosecution notice, the accused would avoid service of the court hearing notice; or (ii) the presence of the accused when the 10 prosecution notice is dealt with is likely to be necessary for any reason or for sentencing purposes; or (iii) the issue of the warrant is justified under subsection (5). 15 ". (2) Section 30(5)(a) is deleted and the following paragraph is inserted instead -- " (a) there are reasonable grounds to suspect that if 20 the accused were not arrested, the accused -- (i) would commit an offence; (ii) would continue or repeat an offence charged in the prosecution notice; (iii) would endanger another person's safety 25 or property; or (iv) would interfere with witnesses or otherwise obstruct the course of justice, whether in relation to the accused or any other person; 30 ". page 29

Criminal Investigation (Consequential Provisions) Bill 2005 Part 8 Criminal Procedure Act 2004 amended s. 43 43. Section 35 amended (1) Section 35(1) is amended in the definition of "confessional material" by deleting "(within the meaning of The Criminal Code section 570)" and inserting instead -- 5 " (as that term is defined in the Criminal Investigation Act 2005 section 114) ". (2) Section 35(3) is amended by deleting "The Criminal Code 10 section 570A." and inserting instead -- " the Criminal Investigation Act 2005 section 116. ". 44. Section 42 amended Section 42(4) is amended by deleting "The Criminal Code section 570A." and inserting instead -- 15 " the Criminal Investigation Act 2005 section 116. ". 45. Section 61 amended Section 61(4) is amended by deleting "The Criminal Code section 570A." and inserting instead -- " the Criminal Investigation Act 2005 section 116. ". 20 46. Section 95 amended Section 95(4) is amended by deleting "The Criminal Code section 570A." and inserting instead -- " the Criminal Investigation Act 2005 section 116. ". page 30

Criminal Investigation (Consequential Provisions) Bill 2005 Gaming and Wagering Commission Act 1987 amended Part 9 s. 47 Part 9 -- Gaming and Wagering Commission Act 1987 amended 47. The Act amended in this Part The amendments in this Part are to the Gaming and Wagering 5 Commission Act 1987*. [* Reprint 3 as at 3 September 2004. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 183.] 48. Section 31 amended 10 Section 31 is amended by deleting "and take before a justice". 49. Section 31A inserted After section 31 the following section is inserted -- " 31A. Powers to assist seizing things 15 Sections 145 to 149 of the Criminal Investigation Act 2005 apply to and in respect of seizing a thing that is or may be seized under this Act or the Betting Control Act 1954. ". 20 50. Section 32 amended (1) Section 32(1) is repealed. (2) Section 32(2) is amended by deleting "and either destroyed or dealt with in such manner as the court, then or subsequently, may approve". page 31

Criminal Investigation (Consequential Provisions) Bill 2005 Part 9 Gaming and Wagering Commission Act 1987 amended s. 51 51. Section 32A inserted After section 32 the following section is inserted -- " 32A. Disposing of seized or forfeited things 5 (1) In this section -- "seized thing" means any thing that is seized under this Act or the Betting Control Act 1954. (2) The Criminal and Found Property Disposal Act 2005 applies to and in respect of any seized thing and any 10 thing that is forfeited to the Crown under this Act or the Betting Control Act 1954. (3) For the purposes of the Criminal and Found Property Disposal Act 2005 -- (a) the Commission is a prescribed agency; 15 (b) the chief executive officer of the Department is the chief officer of the Commission. ". 52. Section 41 amended Section 41(5) is amended as follows: 20 (a) by deleting "Subject to sections 90B and 90C of the Police Act 1892, the" and inserting instead -- " The "; (b) by deleting "is brought before the court or is the subject of an embargo notice under section 90B of the Police 25 Act 1892" and inserting instead -- " has been seized "; (c) by deleting "and either destroyed or dealt with in such other manner as the court may, then or subsequently, approve". page 32

Criminal Investigation (Consequential Provisions) Bill 2005 Liquor Licensing Act 1988 amended Part 10 s. 53 Part 10 -- Liquor Licensing Act 1988 amended 53. The Act amended in this Part The amendments in this Part are to the Liquor Licensing Act 1988*. 5 [* Reprint 3 as at 23 April 2004. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 254-5.] 54. Section 113 amended Section 113(3) is repealed. 10 55. Section 155 amended (1) Section 155(4) is amended as follows: (a) by deleting ", carry away and take before a justice"; (b) by deleting "section 113" and inserting instead -- " this Act ". 15 (2) Section 155(5) is repealed and the following subsection is inserted instead -- " (5) Subject to section 161, sections 145 to 149 of the Criminal Investigation Act 2005, with any necessary 20 changes, apply to and in respect of seizing a thing that is or may be seized under this Act. ". 56. Section 172A inserted After section 172 the following section is inserted in Part 6 -- 25 " 172A. Forfeiture (1) If a court convicts a person of an offence under this Act of illegally selling, supplying, consuming or storing page 33

Criminal Investigation (Consequential Provisions) Bill 2005 Part 10 Liquor Licensing Act 1988 amended s. 57 liquor, or of unlawfully possessing liquor, or of possessing liquor for an unlawful purpose, the court may declare all, or any specified part, of the liquor, including any container or packaging, that relates to the 5 offence to be forfeited. (2) If under section 167 an infringement notice is issued to an alleged offender in respect of an alleged offence under this Act of illegally selling, supplying, consuming or storing liquor, or of unlawfully 10 possessing liquor, or of possessing liquor for an unlawful purpose, and the modified penalty is paid and the notice is not withdrawn, any liquor, including any container or packaging, that relates to the offence and has been seized is forfeited. 15 ". 57. Section 174A inserted After section 174 the following section is inserted -- " 174A. Application of Criminal and Found Property 20 Disposal Act 2005 (1) The Criminal and Found Property Disposal Act 2005 applies to and in respect of any thing that is seized or forfeited under this Act. (2) For the purposes of the Criminal and Found Property 25 Disposal Act 2005 the department of the Public Service that principally assists the Minister to administer this Act is a prescribed agency. ". page 34

Criminal Investigation (Consequential Provisions) Bill 2005 Maritime Archaeology Act 1973 amended Part 11 s. 58 Part 11 -- Maritime Archaeology Act 1973 amended 58. The Act amended in this Part The amendments in this Part are to the Maritime Archaeology Act 1973*. 5 [* Reprint 1 as at 3 October 2003. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 273.] 59. Section 11 amended (1) Section 11(1) is amended by deleting "and take the same 10 forthwith before a Justice to be dealt with according to law". (2) Section 11(2) is repealed and the following subsection is inserted instead -- " (2) The Criminal and Found Property Disposal Act 2005 15 applies to and in respect of any thing that is seized under this section and for the purposes of that Act -- (a) the Museum is a prescribed agency; and (b) the Director is the chief officer of the Museum. ". page 35

Criminal Investigation (Consequential Provisions) Bill 2005 Part 12 Police Act 1892 amended Division 1 Amendments s. 60 Part 12 -- Police Act 1892 amended Division 1 -- Amendments 60. The Act amended in this Part The amendments in this Part are to the Police Act 1892*. 5 [* Reprint 12 as at 1 June 2005.] 61. Section 2 repealed Section 2 is repealed. 62. Section 7 amended Section 7(1) is amended by deleting "; and such non- 10 commissioned officers and constables shall have all such powers and privileges, and be liable to all such duties and obligations as any constable duly appointed now or hereafter may have, or be liable to, either by the common law, or by virtue of any statute law now or hereafter to be in force in the 15 said State". 63. Part III replaced Part III is repealed and the following Part is inserted instead -- " Part III -- Special constables 20 34. Interpretation In this Part, unless the contrary intention appears -- "Commissioner" means the Commissioner of Police appointed under section 5; "police officer" means a person appointed under Part I 25 as an officer or constable of the Police Force, other than as the Commissioner; page 36

Criminal Investigation (Consequential Provisions) Bill 2005 Police Act 1892 amended Part 12 Amendments Division 1 s. 63 "special constable" means a special constable appointed under section 35. 35. Appointing and terminating special constables (1) The Commissioner may appoint any person as a special 5 constable. (2) The appointment of a special constable may be for such period and on such terms and conditions as the Commissioner decides. (3) The appointment of a special constable must not 10 include a term that provides for the payment of any remuneration to a special constable unless the Minister has approved the term. (4) The Commissioner may at any time cancel the appointment of a special constable. 15 (5) The appointment of a special constable, its terms and conditions and any cancellation of it must be in writing and signed by the Commissioner. (6) The Commissioner must issue a special constable with a certificate of his or her appointment as a special 20 constable. (7) A special constable whose appointment as such ceases must return any certificate issued to him or her under subsection (6) to the Commissioner. Penalty: $500. 25 36. Functions of special constables (1) Unless the document appointing a special constable says otherwise -- (a) a special constable has all of the powers, duties and obligations that a police officer or a 30 member of the Police Force has under any written law other than this Act; and page 37

Criminal Investigation (Consequential Provisions) Bill 2005 Part 12 Police Act 1892 amended Division 1 Amendments s. 63 (b) any authorisation, exemption or exception in any written law other than this Act that applies to a police officer or a member of the Police Force applies to a special constable, 5 unless that written law expressly says otherwise. (2) If a provision of a written law other than this Act refers to a police officer or to a member of the Police Force but does not confer a power, duty or obligation on, or create an authorisation, exemption or exception for, a 10 police officer or a member of the Police Force, the provision is to be taken to include a reference to a special constable, unless the contrary intention appears in the provision. (3) The document appointing a special constable may limit 15 the powers, duties or obligations of the special constable or the application of any authorisation, exemption or exception to the special constable in any way the Commissioner thinks fit. (4) Without limiting subsection (3) or section 35(2), the 20 document appointing a special constable may do any or all of the following -- (a) limit the powers that the special constable may exercise; (b) limit when the special constable may exercise 25 his or her powers or any of them; (c) limit where in the State the special constable may exercise his or her powers or any of them; (d) limit the circumstances in which the special constable may exercise his or her powers or any 30 of them; (e) limit the offences in respect of which the special constable may exercise his or her powers or any of them; page 38

Criminal Investigation (Consequential Provisions) Bill 2005 Police Act 1892 amended Part 12 Amendments Division 1 s. 64 (f) limit the purposes for which the special constable may exercise his or her powers or any of them; (g) limit or prohibit the possession or use of any 5 thing that the special constable would otherwise be authorised under a written law to possess or use, despite the written law. (5) The document appointing a special constable may require the special constable to inform the 10 Commissioner about the exercise by the special constable of any power, or the performance of any duty or obligation, that he or she has under the appointment. 37. Special constables not in the Police Force (1) A special constable is not a member of the Police Force 15 of Western Australia for the purposes of this Act. (2) Subsection (1) does not affect the operation of section 36(1) or (2) or 136. ". 64. Part V repealed 20 Part V is repealed. 65. Part VI repealed Part VI is repealed. 66. Section 123 repealed Section 123 is repealed. 25 67. Section 124 repealed Section 124 is repealed. page 39

Criminal Investigation (Consequential Provisions) Bill 2005 Part 12 Police Act 1892 amended Division 2 Transitional provisions s. 68 Division 2 -- Transitional provisions 68. Existing special constables' appointments terminated (1) If immediately before the commencement of section 62 a person holds an appointment as a special constable made under the 5 Police Act 1892 Part III, then on the commencement of section 62 the person ceases to be a special constable. (2) Subsection (1) does not prevent the appointment of a person to whom it applies as a special constable under the Police Act 1892 Part III as inserted by section 62. 10 69. Search warrants and related matters (1) In this section -- "repeal day" means the day on which section 64 comes into operation. (2) This section does not limit the operation of the Interpretation 15 Act 1984 Part V. (3) If immediately before repeal day a warrant issued under the Police Act 1892 section 70 is in force but not executed, then, subject to the terms of the warrant, the warrant may be executed on or after repeal day and, if any thing is seized under it -- 20 (a) despite section 70 and the warrant, the thing must not be taken before a Justice; and (b) the Criminal and Found Property Disposal Act 2005 applies to and in respect of the thing. 70. Embargo notices 25 (1) In this section -- "repeal day" means the day on which section 65 comes into operation. page 40

Criminal Investigation (Consequential Provisions) Bill 2005 Police Act 1892 amended Part 12 Transitional provisions Division 2 s. 70 (2) If immediately before repeal day any property is subject to an embargo notice granted under the Police Act 1892 section 90B, whether the property was seized under Part V of that Act or under an Act that refers to that section, then on and after repeal 5 day sections 90B and 90C of that Act apply to and in respect of the notice as if they had not been repealed. page 41

Criminal Investigation (Consequential Provisions) Bill 2005 Part 13 Prostitution Act 2000 amended s. 71 Part 13 -- Prostitution Act 2000 amended 71. The Act amended in this Part The amendments in this Part are to the Prostitution Act 2000*. [* Reprint 1 as at 22 July 2005.] 5 72. Section 34 replaced Section 34 is repealed and the following section is inserted instead -- " 34. Powers to assist seizing things 10 Sections 145 to 149 of the Criminal Investigation Act 2005, with any necessary changes, apply to and in respect of seizing a thing that is or may be seized under this Act. ". page 42

Criminal Investigation (Consequential Provisions) Bill 2005 Various Acts amended Part 14 s. 73 Part 14 -- Various Acts amended 73. Various Acts amended (Sch. 1) Each Act listed in Schedule 1 is amended as set out in that Schedule immediately below the short title of the Act. page 43

Criminal Investigation (Consequential Provisions) Bill 2005 Schedule 1 Various Acts amended cl. 1 Schedule 1 -- Various Acts amended [s. 73] 1. Betting Control Act 1954 s. 31A(3) Delete "and take before a justice". 2. Criminal Appeals Act 2004 s. 6 In the definition of "decision", insert after paragraph (h) -- " (i) a decision made under the Criminal Investigation Act 2005 section 150; ". 5 3. Disposal of Uncollected Goods Act 1970 Schedule Delete the column headed "Number of Act.". Delete "Firearms and Guns Act 1931.". Delete "Police Act 1892.". Insert in the appropriate alphabetical positions -- " Criminal and Found Property Disposal Act 2005. Criminal Investigation Act 2005. Firearms Act 1973. ". 4. Energy Operators (Powers) Act 1979 s. 74(2) Delete "or convey him before a justice to be dealt with" and insert instead -- " who shall deal with him ". s. 78 Delete "or convey him before a Justice to be dealt with" and insert instead -- " who shall deal with him ". page 44

Criminal Investigation (Consequential Provisions) Bill 2005 Various Acts amended Schedule 1 cl. 5 5. Firearms Act 1973 s. 24(5) Delete "taken before a Justice to be". s. 26(1) Delete "and take". Delete "before a Justice to be dealt with according to law". 6. Guardianship and Administration Act 1990 s. 97(1) Delete "Advocate are -- " and insert instead -- " Advocate are as follows -- ". Delete "and" after paragraph (g). Delete the full stop after paragraph (h) and insert instead a semicolon. After paragraph (h) insert the following paragraph -- " (i) any other function conferred on the Public Advocate by a written law. ". 7. Industrial Relations Act 1979 Schedule 3 In clause 2(3), insert after "officer" -- " or, in the case of a special constable, the cancellation of the constable's appointment ". 8. Interpretation Act 1984 s. 5 Delete the definition of "police officer" and insert instead -- " "police officer" means a person appointed under Part I of the Police Act 1892 to be a member of the Police Force of Western Australia; ". page 45

Criminal Investigation (Consequential Provisions) Bill 2005 Schedule 1 Various Acts amended cl. 9 9. Magistrates Court Act 2004 s. 11 After subsection (3), insert the following subsection -- " (3a) The Court's criminal jurisdiction includes any jurisdiction that is conferred on the Court by a written law other than this Act and that is expressly said to form part of the Court's criminal jurisdiction. ". 10. Poisons Act 1964 s. 53(2) Delete "the Police Act 1892, or of ". 11. Prisons Act 1981 s. 3(1) Amend the definition of "police officer" as follows: (a) insert "or" after paragraph (a); (b) delete paragraph (b) and "or" after it. 12. Public Interest Disclosure Act 2003 s. 3(1) Amend the definition of "police officer" as follows -- (a) insert "or" after paragraph (a); (b) delete paragraph (b) and "or" after it. 5 13. Public Works Act 1902 s. 109(3) Delete "until he can be conveniently taken before some Justice of the Peace to be dealt with according to law." and insert instead -- " who shall as soon as practicable take him to a police officer or arrange for a police officer to attend. ". page 46

Criminal Investigation (Consequential Provisions) Bill 2005 Various Acts amended Schedule 1 cl. 14 14. Unclaimed Money Act 1990 s. 9(1)(h) Delete the paragraph and insert the following paragraph instead -- " (h) is money that under the Criminal and Found Property Disposal Act 2005 is to be dealt with under this Act; ". 15. Western Australian Meat Industry Authority Act 1976 s. 24H(2) Repeal the subsection and insert the following subsection instead -- " (2) If an inspector seizes any thing under this section, the inspector is a prescribed agency, as that term is defined in the Criminal and Found Property Disposal Act 2005, and that Act applies to and in respect of the seized thing. ". 16. The Western Australian Turf Club Act 1892 s. 22 Delete "constable who shall convey him with all convenient dispatch before some justice without any warrant or other authority than this Act and such justice" and insert instead -- " officer who ". page 47

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