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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Criminal Law and Evidence Amendment
Bill 2006
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 1 amended 3
5. Section 297 amended 3
6. Section 313 amended and consequential
amendment to Criminal Code Amendment (Racial
Vilification) Act 2004 5
7. Section 317 amended and consequential
amendment to Criminal Code Amendment (Racial
Vilification) Act 2004 5
8. Section 317A amended and consequential
amendment to Criminal Code Amendment (Racial
Vilification) Act 2004 5
9. Section 318 amended 6
10 . Section 321A replaced 8
321A. Child under 16, persistent sexual conduct
with 8
11 . Section 338C amended 10
12 . Section 338E amended 11
Part 3 -- Criminal Procedure
Act 2004 amended
13 . The Act amended in this Part 12
145--3 page i
Criminal Law and Evidence Amendment Bill 2006
Contents
14 . Section 14 amended 12
15 . Section 20 amended 12
16 . Section 55 amended 12
17 . Section 62 amended 13
18 . Section 69 amended 13
19 . Section 75 amended 13
20 . Section 77 amended 14
21 . Section 84 amended 14
22 . Section 86A inserted 15
86A. Remitting charges to summary courts 15
23 . Section 98 amended 15
24 . Section 111 replaced 15
111. Jury not to separate or communicate with
others 15
25 . Section 129 amended 17
26 . Section 133 amended 17
27 . Section 148 amended 18
28 . Section 169 replaced 18
169. Prosecution determined by court without
jurisdiction 18
29 . Schedule 2 amended 19
30 . Schedule 3 amended 19
Part 4 -- Criminal Appeals Act 2004
amended
31 . The Act amended in this Part 20
32 . Section 24 amended 20
33 . Section 25 amended 20
34 . Section 26 amended 21
35 . Section 31 amended 21
36 . Section 33 amended 21
37 . Section 34 amended 21
38 . Section 35A inserted 22
35A. Accused's costs in some appeals to be
paid by State 22
39 . Section 41 amended 22
40 . Section 51 inserted 23
51. Certain amendments to be reviewed 23
Part 5 -- Evidence Act 1906 amended
41 . The Act amended in this Part 24
page ii
Criminal Law and Evidence Amendment Bill 2006
Contents
42 . Section 36BE inserted and consequential
amendments 24
36BE. Expert evidence of child behaviour 24
43 . Section 100A amended 25
44 . Section 106A amended 25
45 . Section 106B amended 26
46 . Section 106C replaced 26
106C. Child under 12 and mentally impaired
witness may give unsworn evidence 26
47 . Section 106F amended 27
48 . Section 106HA amended 27
49 . Section 106HB amended 28
50 . Section 106HC amended 29
51 . Section 106I amended 29
52 . Section 106O amended 29
53 . Section 106R amended 30
54 . Section 106RA amended 31
55 . Second Schedule amended 31
Part 6 -- Other Acts amended
56 . Bail Act 1982 amended 32
57 . Children's Court of Western Australia Act 1988
amended 33
58 . Community Protection (Offender Reporting)
Act 2004 amended 33
59 . Criminal Injuries Compensation Act 2003
amended 33
60 . Criminal Law (Mentally Impaired Accused)
Act 1996 amended 34
61 . Criminal Property Confiscation Act 2000 amended 34
62 . Fertilizers Act 1977 amended 35
63 . Human Reproductive Technology Act 1991
amended 35
64 . Juries Act 1957 amended 35
65 . Land Valuers Licensing Act 1978 amended 36
66 . Licensed Surveyors Act 1909 amended 36
67 . Official Prosecutions (Accused's Costs) Act 1973
amended 36
68 . Prisoners (Interstate Transfer) Act 1983 amended 37
69 . Prostitution Act 2000 amended 37
70 . Sentencing Act 1995 amended 37
page iii
Criminal Law and Evidence Amendment Bill 2006
Contents
71 . Suitors' Fund Act 1964 amended 38
72 . Western Australian College of Teaching Act 2004
amended 38
73 . Workers' Compensation and Injury Management
Act 1981 amended 39
74 . Working with Children (Criminal Record
Checking) Act 2004 amended 40
Part 7 -- Various amending Acts
amended
75 . Acts Amendment (Court of Appeal) Act 2004
amended 41
76 . Criminal Law Amendment (Simple Offences)
Act 2004 amended 41
77 . Courts Legislation Amendment and Repeal
Act 2004 amended 41
78 . Criminal Procedure and Appeals (Consequential
and Other Provisions) Act 2004 amended 42
page iv
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Criminal Law and Evidence Amendment
Bill 2006
A Bill for
An Act to amend --
· The Criminal Code; and
· the Criminal Procedure Act 2004; and
· the Criminal Appeals Act 2004; and
· the Evidence Act 1906; and
· various other Acts,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Criminal Law and Evidence Amendment Bill 2006
Part 1 Preliminary matters
s. 1
Part 1 -- Preliminary matters
1. Short title
This is the Criminal Law and Evidence Amendment Act 2006.
2. Commencement
5 (1) Subject to this section, 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 Law and Evidence Amendment Bill 2006
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* unless
otherwise indicated.
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 Act Compilation Act 1913).
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 112 and
10 Act No. 3 of 2006.]
4. Section 1 amended
Section 1 is amended by deleting the definition of
"circumstance of aggravation".
5. Section 297 amended
15 (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"
the subsection designation "(2)";
20 (c) by inserting before "If the offence is committed in
circumstances" the subsection designation "(3)".
(2) At the end of section 297 the following subsection is inserted --
"
(4) If --
25 (a) the victim of the offence is a public officer who
is performing a function of his office or
employment; or
(b) the offence is committed against a public
officer on account of his being such an officer
page 3
Criminal Law and Evidence Amendment Bill 2006
Part 2 The Criminal Code amended
s. 5
or his performance of a function of his office or
employment; or
(c) the victim of the offence is the driver or person
operating or in charge of --
5 (i) a vehicle travelling on a railway; or
(ii) a ferry; or
(iii) a passenger vehicle as defined in
paragraph (a) of the definition of
"passenger vehicle" in section 5(1) of
10 the Road Traffic Act 1974;
or
(d) the victim of the offence is --
(i) an ambulance officer; or
(ii) a member of a FESA Unit, SES Unit or
15 VMRS Group (within the meaning
given to those terms by the Fire and
Emergency Services Authority of
Western Australia Act 1998); or
(iii) a member or officer of a private fire
20 brigade or volunteer fire brigade (within
the meaning given to those terms by the
Fire Brigades Act 1942),
who is performing his or her duties as such; or
(e) the victim of the offence is a person who --
25 (i) is working in a hospital; or
(ii) is in the course of providing a health
service to the public;
or
(f) the victim of the offence is a contract worker
30 (within the meaning given to that term by the
Court Security and Custodial Services
Act 1999) who is providing court security
services or custodial services under that Act; or
page 4
Criminal Law and Evidence Amendment Bill 2006
The Criminal Code amended Part 2
s. 6
(g) the victim of the offence is a contract worker
(within the meaning given to that term by
section 15A of the Prisons Act 1981) who is
performing functions under Part IIIA of that
5 Act,
the offender is liable to imprisonment for 14 years.
".
6. Section 313 amended and consequential amendment to
Criminal Code Amendment (Racial Vilification) Act 2004
10 (1) Section 313(1)(a) is amended by inserting after
"aggravation" --
" or in circumstances of racial aggravation ".
(2) The Criminal Code Amendment (Racial Vilification) Act 2004
section 7 is repealed.
15 7. Section 317 amended and consequential amendment to
Criminal Code Amendment (Racial Vilification) Act 2004
(1) Section 317(1)(a) is amended by inserting after
"aggravation" --
" or in circumstances of racial aggravation ".
20 (2) The Criminal Code Amendment (Racial Vilification) Act 2004
section 8 is repealed.
8. Section 317A amended and consequential amendment to
Criminal Code Amendment (Racial Vilification) Act 2004
(1) Section 317A is amended as follows:
25 (a) in the second paragraph designated "(a)" by inserting
after "aggravation" --
" or in circumstances of racial aggravation ";
(b) by redesignating the second paragraph designated "(a)"
as paragraph (d);
page 5
Criminal Law and Evidence Amendment Bill 2006
Part 2 The Criminal Code amended
s. 9
(c) by redesignating the second paragraph designated "(b)"
as paragraph (e);
(d) in the summary conviction penalty paragraph (a) by
deleting "paragraph (a)" and inserting instead --
5 " paragraph (d) ";
(e) in the summary conviction penalty paragraph (b) by
deleting "paragraph (b)" and inserting instead --
" paragraph (e) ".
(2) The Criminal Code Amendment (Racial Vilification) Act 2004
10 section 9 is repealed.
9. Section 318 amended
Section 318(1) is amended as follows:
(a) in paragraph (d) by inserting after "account of " --
" his being such an officer or ";
15 (b) by inserting after paragraph (g) --
"
or
(h) assaults --
(i) an ambulance officer; or
20 (ii) a member of a FESA Unit, SES Unit or
VMRS Group (within the meaning
given to those terms by the Fire and
Emergency Services Authority of
Western Australia Act 1998); or
25 (iii) a member or officer of a private fire
brigade or volunteer fire brigade (within
the meaning given to those terms by the
Fire Brigades Act 1942),
who is performing his or her duties as such; or
30 (i) assaults a person who --
(i) is working in a hospital; or
page 6
Criminal Law and Evidence Amendment Bill 2006
The Criminal Code amended Part 2
s. 9
(ii) is in the course of providing a health
service to the public;
or
(j) assaults a contract worker (within the meaning
5 given to that term by the Court Security and
Custodial Services Act 1999) who is providing
court security services or custodial services
under that Act; or
(k) assaults a contract worker (within the meaning
10 given to that term by section 15A of the Prisons
Act 1981) who is performing functions under
Part IIIA of that Act,
";
(c) after each of paragraphs (d) and (e) by inserting --
15 " or ";
(d) after paragraph (g)(i) by inserting --
" or ";
(e) by deleting "is guilty of a crime, and is liable to
imprisonment for 10 years." and the summary
20 conviction penalty and inserting instead --
"
is guilty of a crime and is liable --
(i) if at or immediately before or immediately after
the commission of the offence --
25 (i) the offender is armed with any
dangerous or offensive weapon or
instrument; or
(ii) the offender is in company with another
person or persons,
30 to imprisonment for 10 years; or
(j) in any other case, to imprisonment for 7 years.
page 7
Criminal Law and Evidence Amendment Bill 2006
Part 2 The Criminal Code amended
s. 10
Summary conviction penalty: in a case to which
subsection (1)(j) applies: imprisonment for 3 years
and a fine of $36 000.
".
5 10. Section 321A replaced
Section 321A is repealed and the following section is inserted
instead --
"
321A. Child under 16, persistent sexual conduct with
10 (1) In this section --
"prescribed offence" means --
(a) an offence under section 320(2) or (4) or
321(2) or (4) or an attempt to commit such
an offence; or
15 (b) an offence under section 320(3) or 321(3)
where the child in fact engages in sexual
behaviour;
"sexual act" means an act that would constitute a
prescribed offence.
20 (2) For the purposes of this section a person persistently
engages in sexual conduct with a child if that person
does a sexual act in relation to the child on 3 or more
occasions each of which is on a different day.
(3) For the purposes of subsection (2) --
25 (a) the sexual acts need not all constitute the same
prescribed offence; and
(b) the sexual acts need not all have occurred in
this State as long as at least one of them did.
(4) A person who persistently engages in sexual conduct
30 with a child under the age of 16 years is guilty of a
crime and is liable to imprisonment for 20 years.
page 8
Criminal Law and Evidence Amendment Bill 2006
The Criminal Code amended Part 2
s. 10
(5) A charge of an offence under subsection (4) --
(a) must specify the period during which it is
alleged that the sexual conduct occurred; and
(b) need not specify the dates, or in any other way
5 particularise the circumstances, of the sexual
acts alleged to constitute the sexual conduct.
(6) A person charged with an offence under subsection (4)
may also be charged, either in the same or a separate
indictment, with a prescribed offence that is alleged to
10 have been committed in the period during which it is
alleged that the sexual conduct constituting the offence
under subsection (4) occurred.
(7) An indictment containing a charge of an offence under
subsection (4) must be signed by the Director of Public
15 Prosecutions or the Deputy Director of Public
Prosecutions.
(8) A court cannot order the prosecutor to give a person
charged with an offence under subsection (4)
particulars of the sexual acts alleged to constitute the
20 offence, despite section 131 of the Criminal Procedure
Act 2004.
(9) It is a defence to a charge of an offence under
subsection (4) to prove the accused person --
(a) believed on reasonable grounds that the child
25 was of or over the age of 16 years; and
(b) was not more than 3 years older than the child.
(10) It is a defence to a charge of an offence under
subsection (4) to prove the accused person was
lawfully married to the child.
30 (11) If in a trial by jury of a charge of an offence under
subsection (4), there is evidence of sexual acts on 4 or
more occasions, the jury members need not all be
satisfied that the same sexual acts occurred on the same
page 9
Criminal Law and Evidence Amendment Bill 2006
Part 2 The Criminal Code amended
s. 11
occasions as long as the jury is satisfied that the
accused person persistently engaged in sexual conduct
in the period specified.
(12) If an accused person is found not guilty of a charge of
5 an offence under subsection (4), he or she may
nevertheless be found guilty of one or more prescribed
offences committed in the period specified in the
charge if the offence or offences are established by the
evidence, despite section 10A.
10 (13) If a person is sentenced, whether on one or more than
one indictment, to --
(a) a term of imprisonment for an offence under
subsection (4); and
(b) a term of imprisonment for a prescribed offence
15 committed in the period during which the
offence under subsection (4) was committed,
the court must not order the terms to be served wholly
or partly cumulatively.
".
20 11. Section 338C amended
Section 338C(3) is amended in the summary conviction penalty
as follows:
(a) in paragraph (c) by deleting "paragraph (a)" and
inserting instead --
25 " subsection (3)(a) ";
(b) in paragraph (d) by deleting "paragraph (b)" and
inserting instead --
" subsection (3)(b) ";
(c) by renumbering paragraph (c) as paragraph (a);
30 (d) by renumbering paragraph (d) as paragraph (b).
page 10
Criminal Law and Evidence Amendment Bill 2006
The Criminal Code amended Part 2
s. 12
12. Section 338E amended
Section 338E(1) is amended in the summary conviction penalty
as follows:
(a) in paragraph (c) by deleting "paragraph (a)" and
5 inserting instead --
" subsection (1)(a) ";
(b) in paragraph (d) by deleting "paragraph (b)" and
inserting instead --
" subsection (1)(b) ";
10 (c) by renumbering paragraph (c) as paragraph (a);
(d) by renumbering paragraph (d) as paragraph (b).
page 11
Criminal Law and Evidence Amendment Bill 2006
Part 3 Criminal Procedure Act 2004 amended
s. 13
Part 3 -- Criminal Procedure Act 2004 amended
13. The Act amended in this Part
The amendments in this Part are to the Criminal Procedure
Act 2004*.
5 [* Act No. 71 of 2004.]
14. Section 14 amended
Section 14(1) is amended by deleting "authorised" and inserting
instead --
" approved ".
10 15. Section 20 amended
Section 20(3) is amended by inserting after "by" --
" , and only by ".
16. Section 55 amended
(1) Section 55(2) is amended by deleting "either a summons, a
15 court hearing notice, or an approved notice, notifying the
accused of the court date," and inserting instead --
"
a court hearing notice, or an approved notice, notifying
the accused of that date and that the court may deal
20 with the charge in the accused's absence if the accused
does not appear on that date,
".
(2) Section 55(3) is repealed.
(3) Section 55(4) is amended as follows:
25 (a) by deleting "an authorised investigator," and inserting
instead --
" a person acting under section 20(3), ";
page 12
Criminal Law and Evidence Amendment Bill 2006
Criminal Procedure Act 2004 amended Part 3
s. 17
(b) in paragraph (a)(i) by deleting "an authorised
investigator who was acting in the course of his or her
duties as such;" and inserting instead --
" a person who was acting under section 20(3); ";
5 (c) in paragraph (a)(ii) by deleting "authorised investigator"
and inserting instead --
" person ".
17. Section 62 amended
Section 62(1) is amended in the definition of "expert evidence
10 material" in paragraph (c) by deleting "paragraph (b)(ii);" and
inserting instead --
" paragraph (b); ".
18. Section 69 amended
(1) Section 69(2) is amended by inserting after "The" --
15 " approved ".
(2) After section 69(3) the following subsection is inserted --
"
(4) A person who serves an approved notice under
subsection (3) need not complete a service certificate in
20 accordance with Schedule 2 clause 2, 3 or 4.
".
19. Section 75 amended
(1) Section 75(4) is amended as follows:
(a) in paragraph (b) by deleting "issue any document
25 necessary;" and inserting instead --
"
may issue a summons, court hearing notice or
approved notice, as the case requires;
";
page 13
Criminal Law and Evidence Amendment Bill 2006
Part 3 Criminal Procedure Act 2004 amended
s. 20
(b) in paragraph (c) by inserting after "document
needed" --
"
(including a document referred to in section
5 139 or 155)
".
(2) After section 75(9) the following subsection is inserted --
"
(10) An approved notice issued to a person under this
10 section must be served on the person in accordance
with Schedule 2 clause 2, 3 or 4.
".
20. Section 77 amended
After section 77(6) the following subsection is inserted --
15 "
(7) This section does not affect the operation of the
Sentencing Act 1995 section 14A.
".
21. Section 84 amended
20 Section 84(3) is amended by deleting "Perth." and inserting
instead --
"
Perth, unless the superior court concerned gives leave
to lodge it at another place.
25 ".
page 14
Criminal Law and Evidence Amendment Bill 2006
Criminal Procedure Act 2004 amended Part 3
s. 22
22. Section 86A inserted
After section 86 the following section is inserted --
"
86A. Remitting charges to summary courts
5 (1) At any time after a court of summary jurisdiction
commits an accused to a superior court on a charge and
before an indictment is lodged that contains the charge,
the accused or the relevant authorised officer may
apply to the superior court to remit the charge to the
10 court of summary jurisdiction.
(2) The superior court may remit the charge if it is
satisfied --
(a) that the charge was committed to the superior
court in error or before proceedings that should
15 have occurred in the court of summary
jurisdiction had been completed; or
(b) that for some other good reason the charge
should be remitted.
".
20 23. Section 98 amended
Section 98(4) is amended by deleting "subsection (2)(c)" and
inserting instead --
" subsection (2)(d) ".
24. Section 111 replaced
25 Section 111 is repealed and the following section is inserted
instead --
"
111. Jury not to separate or communicate with others
(1) For the purposes of this section, a trial by jury begins
30 when the first juror is sworn and ends when the jury
page 15
Criminal Law and Evidence Amendment Bill 2006
Part 3 Criminal Procedure Act 2004 amended
s. 24
gives or is discharged from giving its verdict and
includes any period when the jury is considering its
verdict and any period when the trial is adjourned.
(2) During a trial by jury --
5 (a) the jury must not separate unless permitted to
do so under subsection (4)(a); and
(b) the jury must not leave the charge of a court
officer during any adjournment of the trial,
unless it has been permitted to separate under
10 subsection (4)(a); and
(c) there must not be any communication between
a juror and a person who is not a juror, except
as permitted under subsection (4)(b).
(3) Subsection (2)(c) does not apply to any communication
15 between a juror and the judge or the court officer in
charge of the jury, or by a party to the trial to the jury
as part of the ordinary course of the trial.
(4) Despite subsection (2), the judge --
(a) may permit the jury to separate during any
20 adjournment of a trial by jury subject to any
condition that the judge thinks necessary to
impose in the interests of justice; and
(b) may permit a juror and a person who is not a
juror to communicate subject to any condition
25 that the judge thinks necessary to impose in the
interests of justice.
(5) If subsection (2) or a condition imposed under
subsection (4) is contravened, the judge may discharge
the jury from giving its verdict, if it is in the interests of
30 justice to do so.
(6) A juror who contravenes subsection (2) or a condition
imposed under subsection (4) is guilty of an offence
page 16
Criminal Law and Evidence Amendment Bill 2006
Criminal Procedure Act 2004 amended Part 3
s. 25
and is liable to a fine of $12 000 or imprisonment for
12 months.
(7) A person who contravenes subsection (2)(c) or a
condition imposed under subsection (4)(b) is guilty of
5 an offence and is liable to a fine of $12 000 or
imprisonment for 12 months.
".
25. Section 129 amended
After section 129(4) the following subsection is inserted --
10 "
(5) This section does not affect a court's power to decide
the material facts of an offence on the basis of such
information as it thinks fit.
".
15 26. Section 133 amended
Section 133(7) is repealed and the following subsection is
inserted instead --
"
(7) If a superior court makes or refuses to make an order
20 under subsection (3) or (4) before the day on which the
accused's trial is listed to start, the court must not start
the trial unless the court is satisfied --
(a) that no party who could commence an appeal
against the order or refusal under the Criminal
25 Appeals Act 2004 section 26 intends to do so;
or
(b) that --
(i) the time for commencing such an appeal
has expired; and
30 (ii) any such appeal commenced before the
time expired has been concluded.
".
page 17
Criminal Law and Evidence Amendment Bill 2006
Part 3 Criminal Procedure Act 2004 amended
s. 27
27. Section 148 amended
Section 148 is amended by inserting after "subject to" --
" The Criminal Code section 5, ".
28. Section 169 replaced
5 Section 169 is repealed and the following section is inserted
instead --
"
169. Prosecution determined by court without
jurisdiction
10 (1) In this section, unless the contrary intention appears --
"jurisdictional error", in relation to a charge against a
person being dealt with by a court, means an error
of fact or law that is material to whether the court
has jurisdiction to deal with the charge.
15 (2) If a court that does not have jurisdiction to deal with a
charge against a person determines the charge as a
result of a jurisdictional error --
(a) the court's determination has full force and
effect; and
20 (b) anything done as a result of the determination is
lawful.
(3) If a court that does not have jurisdiction to deal with a
charge against a person determines a charge as
mentioned in subsection (2), a party to the prosecution
25 or the Attorney General may apply to --
(a) that court; or
(b) if the determination is subject to an appeal, the
court dealing with the appeal,
for an order varying or setting aside the determination.
page 18
Criminal Law and Evidence Amendment Bill 2006
Criminal Procedure Act 2004 amended Part 3
s. 29
(4) The court to which such an application is made may
either --
(a) refuse the application; or
(b) vary the determination and any sentence
5 imposed or other order made as a result of the
determination; or
(c) set aside the determination and any sentence
imposed or other order made as a result of the
determination and order the prosecution to be
10 sent to and dealt with by a court that does have
jurisdiction to deal with the charge against the
person,
and may make any necessary consequential orders.
(5) If a court is dealing with an appeal in relation to the
15 determination, subsection (4) is in addition to the
court's powers on the appeal.
".
29. Schedule 2 amended
Schedule 2 clause 2(2)(d) is amended by deleting "officer who
20 at the time is in charge of the prison." and inserting instead --
"
chief executive officer (as that term is defined in
that section).
".
25 30. Schedule 3 amended
Schedule 3 clause 5(4)(b) is amended by inserting after
"from" --
"
the person in charge of investigating the alleged
30 offence or
".
page 19
Criminal Law and Evidence Amendment Bill 2006
Part 4 Criminal Appeals Act 2004 amended
s. 31
Part 4 -- Criminal Appeals Act 2004 amended
31. The Act amended in this Part
The amendments in this Part are to the Criminal Appeals
Act 2004*.
5 [* Act No. 60 of 2004.]
32. Section 24 amended
After section 24(2)(d) the following paragraph is inserted --
"
(da) a judgment of acquittal (other than a judgment
10 of acquittal on account of unsoundness of
mind) entered after a jury's verdict of not guilty
of a charge the statutory penalty for which is or
includes imprisonment for 14 years or more or
life, but only on the grounds that before or
15 during the trial the judge made an error of fact
or law in relation to the charge;
".
33. Section 25 amended
After section 25(3)(a) the following paragraph is inserted --
20 "
(aa) the acquittal if it was entered after a jury's
special verdict returned under the Criminal
Procedure Act 2004 section 113(1) on a charge
the statutory penalty for which is or includes
25 imprisonment for 14 years or more or life, but
only on the grounds that before or during the
trial the judge made an error of fact or law in
relation to the charge;
".
page 20
Criminal Law and Evidence Amendment Bill 2006
Criminal Appeals Act 2004 amended Part 4
s. 34
34. Section 26 amended
Section 26(5) and (6) are repealed and the following subsections
are inserted instead --
"
5 (5) An appeal under this section against a decision must be
commenced within 7 days after the date of the decision
and before the day on which the accused's trial is listed
to start.
(6) If an appeal under this section is commenced on or
10 after the day on which the accused's trial is listed to
start, the appeal must be dismissed.
".
35. Section 31 amended
Section 31(2) is repealed.
15 36. Section 33 amended
After section 33(2) the following subsection is inserted --
"
(2a) Even if a ground of appeal might be decided in favour
of the prosecutor, the Court of Appeal may dismiss the
20 appeal if it considers that no substantial miscarriage of
justice has occurred.
".
37. Section 34 amended
Section 34(1) is amended by deleting "court the" and inserting
25 instead --
" court, the ".
page 21
Criminal Law and Evidence Amendment Bill 2006
Part 4 Criminal Appeals Act 2004 amended
s. 38
38. Section 35A inserted
After section 35 the following section is inserted in Part 3
Division 4 --
"
5 35A. Accused's costs in some appeals to be paid by State
In an appeal commenced by a prosecutor under
section 24(2)(da) or 25(3)(aa), the accused's reasonable
costs of being legally represented in the Court of
Appeal are to be paid by the State.
10 ".
39. Section 41 amended
Section 41(4) is repealed and the following subsection is
inserted instead --
"
15 (4) The appeal court deciding an appeal that does or may
require it to impose a sentence, or to vary a sentence
imposed, on a person for an offence (whether the
appeal was commenced by the person or by the
prosecutor) --
20 (a) may take into account any matter, including
any material change to the person's
circumstances, relevant to the sentence that has
occurred between when the lower court dealt
with the person and when the appeal is heard;
25 but
(b) despite paragraph (a), must not take into
account the fact that the court's decision may
mean that the person is again sentenced for the
offence.
30 ".
page 22
Criminal Law and Evidence Amendment Bill 2006
Criminal Appeals Act 2004 amended Part 4
s. 40
40. Section 51 inserted
After section 50 the following section is inserted --
"
51. Certain amendments to be reviewed
5 (1) The Minister must carry out a review of the operation
of the amendments made to this Act by the Criminal
Law and Evidence Amendment Act 2006 Part 4 as soon
as practicable after the expiration of 5 years from the
commencement of the amendments.
10 (2) The Minister must prepare a report based on the review
and, as soon as practicable after the report is prepared,
cause it to be laid before each House of Parliament.
".
page 23
Criminal Law and Evidence Amendment Bill 2006
Part 5 Evidence Act 1906 amended
s. 41
Part 5 -- Evidence Act 1906 amended
41. The Act amended in this Part
The amendments in this Part are to the Evidence Act 1906*.
[* Reprint 13 as at 1 July 2005.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 153, and
Act No. 34 of 2004.]
42. Section 36BE inserted and consequential amendments
(1) After section 36BD the following section is inserted --
10 "
36BE. Expert evidence of child behaviour
(1) This section applies to any proceedings for a sexual
offence in respect of a complainant who was under the
age of 18 years at the time of the alleged offence.
15 (2) Evidence by an expert on the subject of child behaviour
about any or all of the following --
(a) child development and behaviour generally;
(b) child development and behaviour in cases
where children have been the victims of sexual
20 offences,
that is relevant to the proceedings is admissible in them
notwithstanding that the evidence --
(c) relates to a fact in issue or to an ultimate issue
in the proceedings; or
25 (d) is a matter of common knowledge; or
(e) is relevant only to the credibility of the
complainant.
page 24
Criminal Law and Evidence Amendment Bill 2006
Evidence Act 1906 amended Part 5
s. 43
(3) If evidence described in subsection (2) is admitted in a
trial by jury, this section does not affect any duty of the
trial judge to warn the jury about any matter relating to
the complainant's evidence; but any such warning must
5 be consistent with that evidence.
".
(2) Section 36A(1) is amended by inserting after "36BD" --
" , 36BE ".
(3) Section 36A(2) is amended by deleting "and 36BC," and
10 inserting instead --
" , 36BC and 36BE, ".
43. Section 100A amended
After section 100A(7) the following subsection is inserted --
"
15 (8) This section does not apply to a person who is tendered
as a witness and who has a mental impairment, as that
term is defined by section 8 of the Criminal Law
(Mentally Impaired Accused) Act 1996.
".
20 44. Section 106A amended
Section 106A is amended by inserting in the appropriate
alphabetical position --
"
"mental impairment" has the meaning given to that
25 term by section 8 of the Criminal Law (Mentally
Impaired Accused) Act 1996;
".
page 25
Criminal Law and Evidence Amendment Bill 2006
Part 5 Evidence Act 1906 amended
s. 45
45. Section 106B amended
(1) Section 106B(1) is amended by deleting "subsection (2)," and
inserting instead --
" subsection (3), ".
5 (2) Section 106B(2) is repealed and the following subsections are
inserted instead --
"
(2) Irrespective of the person's age, a person with a mental
impairment may in any proceeding, if the person is
10 competent under subsection (3), give evidence on oath
or after making an affirmation.
(3) A person referred to in subsection (1) or (2) is
competent to take an oath or make an affirmation if in
the opinion of the court or person acting judicially the
15 person understands that --
(a) the giving of evidence is a serious matter; and
(b) he or she in giving evidence has an obligation
to tell the truth.
".
20 46. Section 106C replaced
Section 106C is repealed and the following section is inserted
instead --
"
106C. Child under 12 and mentally impaired witness may
25 give unsworn evidence
A person referred to in section 106B(1) or (2) who is
not competent to give evidence under section 106B(3)
may give evidence without taking an oath or making an
affirmation if the court or person acting judicially
30 forms the opinion, before the evidence is given, that the
page 26
Criminal Law and Evidence Amendment Bill 2006
Evidence Act 1906 amended Part 5
s. 47
person is able to give an intelligible account of events
which he or she has observed or experienced.
".
47. Section 106F amended
5 Section 106F(4) is amended by deleting "misdemeanour" and
inserting instead --
" crime ".
48. Section 106HA amended
(1) After section 106HA(1) the following subsection is inserted --
10 "
(1a) Section 106HB applies to a visual recording of an
interview with a person with a mental impairment
conducted before or after the coming into operation of
section 48 of the Criminal Law and Evidence
15 Amendment Act 2006 if --
(a) the interview was conducted by a person of a
prescribed class who had reason to believe that
the person had, or may have, suffered physical
or sexual abuse; and
20 (b) the manner in which the interview was
conducted and recorded meets the prescribed
requirements to the prescribed extent.
".
(2) Section 106HA(2) is repealed and the following subsection is
25 inserted instead --
"
(2) Section 106HB applies to a visual recording of an
interview with a person with a mental impairment, or a
child, whether or not the interview was conducted with
30 the consent of a parent or guardian of the person or
child.
".
page 27
Criminal Law and Evidence Amendment Bill 2006
Part 5 Evidence Act 1906 amended
s. 49
(3) Section 106HA(3) is amended by inserting after "child" --
" , or a person with a mental impairment, ".
49. Section 106HB amended
(1) After section 106HB(1) the following subsection is inserted --
5 "
(1a) A visually recorded interview with a person with a
mental impairment is not to be admitted in the
proceeding under subsection (1) unless the person is a
special witness.
10 ".
(2) After section 106HB(6) the following subsection is inserted --
"
(6a) If a visually recorded interview of a witness is admitted
under subsection (1), then, while the recording is
15 played to the court, the witness must not be present in
court, or be visible or audible by closed-circuit
television or by means of any similar technology to
anyone in the court other than, in the case of a trial by
jury, the judge.
20 ".
(3) After section 106HB(7) the following subsection is inserted --
"
(8) Subsection (7)(c) does not prevent a judge from
directing a jury about a breach of subsection (7)(c) by
25 the accused or the accused's counsel, if it is in the
interests of justice to do so.
".
page 28
Criminal Law and Evidence Amendment Bill 2006
Evidence Act 1906 amended Part 5
s. 50
50. Section 106HC amended
Section 106HC(1) is amended as follows:
(a) after paragraph (b) by inserting --
"
5 (ba) prescribing classes of persons for the purposes
of section 106HA(1a)(a) by reference to the
offices or positions held by them, or their
training or experience, or any combination of
those criteria; and
10 (bb) prescribing requirements to be met for the
purposes of section 106HA(1a)(b), and the
extent to which they are to be met, if
section 106HB is to apply to a visual recording
of an interview with a person with a mental
15 impairment; and
";
(b) in paragraph (c) by inserting after "child" --
" , or a person with a mental impairment, ";
(c) after each of paragraphs (a), (b), (c), (d), (e), (f) and (g)
20 by inserting --
" and ".
51. Section 106I amended
Section 106I(2) is amended by deleting "The defendant" and
inserting instead --
25 " The accused ".
52. Section 106O amended
Section 106O(2) is amended by deleting "defendant" and
inserting instead --
" accused ".
page 29
Criminal Law and Evidence Amendment Bill 2006
Part 5 Evidence Act 1906 amended
s. 53
53. Section 106R amended
(1) Section 106R(3)(a) is amended by deleting "(as defined in the
Criminal Law (Mentally Impaired Accused) Act 1996)".
(2) After section 106R(4)(a) the following paragraph is inserted --
5 "
(b) that the person have a communicator while he
or she is giving evidence;
".
(3) After section 106R(4a) the following subsection is inserted --
10 "
(4b) Where an arrangement under subsection (4)(b) is
directed to be made, section 106F applies, with any
necessary changes, as if the special witness were an
affected child.
15 ".
(4) After section 106R(7) the following subsections are inserted --
"
(8) If in any proceeding before a jury for a serious sexual
offence a person referred to in subsection (3a) does not
20 wish to be declared to be a special witness or declines
any arrangement that may be made under
subsection (4) --
(a) the person must not be questioned in the
proceeding about the fact; and
25 (b) neither the judge, the prosecutor, the accused
nor the accused's counsel must comment on the
fact to the jury.
(9) Subsection (8) does not prevent a judge from directing
a jury about a breach of subsection (8) by the
30 prosecutor, the accused or the accused's counsel, if it is
in the interests of justice to do so.
".
page 30
Criminal Law and Evidence Amendment Bill 2006
Evidence Act 1906 amended Part 5
s. 54
54. Section 106RA amended
(1) Section 106RA(1) is amended by deleting "the evidence" and
inserting instead --
"
5 the whole of the evidence (including any
cross-examination and re-examination)
".
(2) Section 106RA(5) is repealed and the following subsection is
inserted instead --
10 "
(5) If an order is made under subsection (1), the order may
include --
(a) directions as to the conduct of the special
hearing;
15 (b) directions, with or without conditions, as to the
persons, or classes of persons, who are
authorised to have possession of the visual
recording of the evidence;
(c) directions and conditions as to the giving up of
20 possession and as to the playing, copying or
erasure of the recording.
".
55. Second Schedule amended
The Second Schedule is amended in Part 1 in the item relating
25 to "s. 321A" by deleting the description of offence and inserting
instead --
" Persistent sexual conduct with child under 16 ".
page 31
Criminal Law and Evidence Amendment Bill 2006
Part 6 Other Acts amended
s. 56
Part 6 -- Other Acts amended
56. Bail Act 1982 amended
(1) The amendments in this section are to the Bail Act 1982*.
[* Reprint 5 as at 1 April 2005.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 32 and
Acts Nos. 27 and 34 of 2004 and 38 of 2005.]
(2) Section 50C(4)(b) is amended by deleting "a defendant" and
inserting instead --
10 " an accused ".
(3) Section 50L(1) is amended by deleting "a defendant" in each
place where it occurs and in each place inserting instead --
" an accused ".
(4) Section 50L(1)(b) is amended by deleting "the defendant" and
15 inserting instead --
" the accused ".
(5) Section 52(4) is amended by deleting "jurisdiction." and
inserting instead --
"
20 jurisdiction, but --
(a) no fees shall be charged by the Supreme Court
or District Court for or in respect of any act or
proceeding that relates to the prosecution; and
(b) the Supreme Court or District Court cannot
25 order a party to the prosecution to pay another
party's costs of or relating to the prosecution,
except under section 166(2) of the Criminal
Procedure Act 2004.
".
page 32
Criminal Law and Evidence Amendment Bill 2006
Other Acts amended Part 6
s. 57
(6) Section 67(2)(b) is amended by deleting "a defendant" and
inserting instead --
" an accused ".
57. Children's Court of Western Australia Act 1988 amended
5 (1) The amendments in this section are to the Children's Court of
Western Australia Act 1988*.
[* Reprint 4 as at 21 Apr 2006.]
For subsequent amendments see Act No. 27 of 2004.]
(2) Section 33(2) is amended by deleting "complaint" and inserting
10 instead --
" charge of an offence ".
58. Community Protection (Offender Reporting) Act 2004
amended
(1) The amendments in this section are to the Community
15 Protection (Offender Reporting) Act 2004*.
[* Act No. 72 of 2004.]
(2) Schedule 1 is amended in the item relating to The Criminal
Code s. 321A by deleting the description of offence and
inserting instead --
20 " Persistent sexual conduct with child under 16 ".
59. Criminal Injuries Compensation Act 2003 amended
(1) The amendment in this section is to the Criminal Injuries
Compensation Act 2003*.
[* Act No. 77 of 2003.]
25 For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 112.]
page 33
Criminal Law and Evidence Amendment Bill 2006
Part 6 Other Acts amended
s. 60
(2) Section 16(1)(a) is amended by inserting after "it" --
" or the prosecution of it is discontinued ".
60. Criminal Law (Mentally Impaired Accused) Act 1996
amended
5 (1) The amendments in this section are to the Criminal Law
(Mentally Impaired Accused) Act 1996*.
[* Reprint 2 as at 12 August 2005.]
(2) Section 11(1)(b)(ii) is amended by deleting "(including an ex
officio indictment)".
10 (3) Section 21 is amended by deleting "defendant" in the 2 places
where it occurs and in each place inserting instead --
" accused ".
61. Criminal Property Confiscation Act 2000 amended
(1) The amendments in this section are to the Criminal Property
15 Confiscation Act 2000*.
[* Reprint 1 as at 9 December 2005.]
(2) Section 101(2)(b) is amended by deleting "$250 000." and
inserting instead --
"
20 the jurisdictional limit (within the meaning of
section 6 of the District Court of Western
Australia Act 1969).
".
(3) In the Glossary the definition of "dispose of " is amended in
25 paragraph (c) by deleting "offence;" and inserting instead --
" charge or discontinue the prosecution of it; ".
page 34
Criminal Law and Evidence Amendment Bill 2006
Other Acts amended Part 6
s. 62
62. Fertilizers Act 1977 amended
(1) The amendments in this section are to the Fertilizers Act 1977*.
[* Reprint 1 as at 2 May 2003.
For subsequent amendments see Western Australian
5 Legislation Information Tables for 2005, Table 1, p. 160.]
(2) Section 38(1) is amended by deleting "justice or other person
before whom the complaint is laid," and inserting instead --
" person before whom the prosecution notice is signed, ".
63. Human Reproductive Technology Act 1991 amended
10 (1) The amendments in this section are to the Human Reproductive
Technology Act 1991*.
[* Reprint 2 as at11 November 2005.
For subsequent amendments see Act No. 34 of 2004.]
(2) Section 53H(2) is amended by deleting "A defendant" and
15 inserting instead --
" An accused ".
64. Juries Act 1957 amended
(1) The amendments in this section are to the Juries Act 1957*.
[* Reprint 4 as at 2 September 2005.
20 For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 237 and
Act No. 34 of 2004.]
(2) Section 39 is amended by deleting "section 38." and inserting
instead --
25 " section 104(4) of the Criminal Procedure Act 2004. ".
page 35
Criminal Law and Evidence Amendment Bill 2006
Part 6 Other Acts amended
s. 65
(3) Section 41 is amended by deleting "or when it is considering its
verdict, it is to be kept under the charge of an officer of the
court" and inserting instead --
" , it is to be kept ".
5 65. Land Valuers Licensing Act 1978 amended
(1) The amendments in this section are to the Land Valuers
Licensing Act 1978*.
[* Reprinted as at 3 May 2002.
For subsequent amendments see Western Australian
10 Legislation Information Tables for 2005, Table 1, p. 245-6.]
(2) Section 15B(2) is amended by deleting "defendant" in each
place where it occurs and in each place inserting instead --
" accused ".
66. Licensed Surveyors Act 1909 amended
15 (1) The amendments in this section are to the Licensed Surveyors
Act 1909*.
[* Reprint 5 as at 5 May 2006.]
(2) Section 8C(2) is amended by deleting "defendant" in each place
where it occurs and in each place inserting instead --
20 " accused ".
67. Official Prosecutions (Accused's Costs) Act 1973 amended
(1) The amendments in this section are to the Official Prosecutions
(Accused's Costs) Act 1973*.
[* Reprint 3 as at 3 February 2006.]
25 (2) The long title is amended by deleting "defendants" and inserting
instead --
" accused persons ".
page 36
Criminal Law and Evidence Amendment Bill 2006
Other Acts amended Part 6
s. 68
68. Prisoners (Interstate Transfer) Act 1983 amended
(1) The amendments in this section are to the Prisoners (Interstate
Transfer) Act 1983*.
[* Reprinted as at 6 December 2002.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 357.]
(2) Section 21(2)(b) is deleted and the following paragraph is
inserted instead --
"
10 (b) the prosecution of the charge is discontinued.
".
69. Prostitution Act 2000 amended
(1) The amendments in this section are to the Prostitution
Act 2000*.
15 [* Reprint 1 as at 22 July 2005.
For subsequent amendments see Act No. 34 of 2004.]
(2) Schedule 1 is amended by deleting "s. 321A(3)" under the
heading "The Criminal Code" and inserting instead --
" s. 321A(4) ".
20 70. Sentencing Act 1995 amended
(1) The amendment in this section is to the Sentencing Act 1995*.
[* Reprint 4 as at 12 August 2005.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 411-12
25 and Act No. 27 of 2004.]
(2) After section 40(5) the following subsection is inserted --
"
(5a) Except where a statutory penalty is expressly provided
for a body corporate, a body corporate that is convicted
page 37
Criminal Law and Evidence Amendment Bill 2006
Part 6 Other Acts amended
s. 71
of an offence the statutory penalty for which is or
includes a minimum fine is liable to a fine of at least
5 times that minimum fine.
".
5 71. Suitors' Fund Act 1964 amended
(1) The amendments in this section are to the Suitors' Fund
Act 1964*.
[* Reprint 3 as at 22 July 2005.]
(2) Section 14(1) is amended as follows:
10 (a) by inserting after paragraph (b) --
"
(ba) an appeal commenced by a prosecutor under
section 24(2)(da) or 25(3)(aa) of the Criminal
Appeals Act 2004 is upheld and a new trial is
15 ordered; or
";
(b) after paragraph (a) by inserting --
" or ".
72. Western Australian College of Teaching Act 2004 amended
20 (1) The amendments in this section are to the Western Australian
College of Teaching Act 2004*.
[* Act No. 8 of 2004.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 495.]
25 (2) Section 49(1)(c) is amended as follows:
(a) by deleting "charge is withdrawn" and inserting
instead --
" prosecution of the charge is discontinued ";
page 38
Criminal Law and Evidence Amendment Bill 2006
Other Acts amended Part 6
s. 73
(b) by deleting ", mistrial or presentation of nolle prosequi
to a court;" and inserting instead --
" or mistrial; ".
(3) Section 49(1)(d) is amended by deleting ", mistrial or
5 presentation of nolle prosequi to a court." and inserting
instead --
"
or mistrial or the prosecution of the charge is
discontinued.
10 ".
(4) Schedule 2 is amended in the item relating to The Criminal
Code as follows:
(a) by deleting the rows relating to "s. 203" and "s. 204";
(b) by inserting in the appropriate positions --
15 "
s. 187 Facilitating sexual offences against
children outside Western Australia
s. 202 Obscene acts in public
s. 203 Indecent acts in public
s. 204 Indecent act with intent to offend
".
73. Workers' Compensation and Injury Management Act 1981
amended
(1) The amendments in this section are to the Workers'
20 Compensation and Injury Management Act 1981*.
[* Reprint 7 as at 3 February 2006.]
(2) Section 175H(2)(c) is amended by deleting "have a complaint of
the alleged offence heard and determined by" and inserting
instead --
25 " be prosecuted for the alleged offence in ".
page 39
Criminal Law and Evidence Amendment Bill 2006
Part 6 Other Acts amended
s. 74
74. Working with Children (Criminal Record Checking) Act 2004
amended
(1) The amendments in this section are to the Working with
Children (Criminal Record Checking) Act 2004*.
5 [* Act No. 65 of 2004.
For subsequent amendments see Act No. 3 of 2006.]
(2) Schedule 1 is amended in the item relating to The Criminal
Code s. 321A by deleting the description of offence and
inserting instead --
10 "
Persistent sexual conduct with child under 16 (if the offence
includes a sexual act on at least one occasion when the child
against whom the offence is committed is under 13)
".
page 40
Criminal Law and Evidence Amendment Bill 2006
Various amending Acts amended Part 7
s. 75
Part 7 -- Various amending Acts amended
75. Acts Amendment (Court of Appeal) Act 2004 amended
(1) The amendments in this section are to the Acts Amendment
(Court of Appeal) Act 2004*.
5 [* Act No. 45 of 2004.]
(2) Section 14 is repealed.
(3) Schedule 1 clause 7 is amended as follows:
(a) by deleting "s. 37A";
(b) by deleting the row relating to "Heading to Part 3
10 Division 4".
(4) Schedule 1 clauses 22 and 23 are repealed.
76. Criminal Law Amendment (Simple Offences) Act 2004
amended
(1) The amendment in this section is to the Criminal Law
15 Amendment (Simple Offences) Act 2004*.
[* Act No. 70 of 2004.]
(2) Section 37 is repealed.
77. Courts Legislation Amendment and Repeal Act 2004 amended
(1) The amendments in this section are to the Courts Legislation
20 Amendment and Repeal Act 2004*.
[* Act No. 59 of 2004.]
(2) Section 95 is amended in the Table to the section, in the row
beginning with "s. 43(7)" by deleting "s. 243(6)".
(3) Section 123 is amended in the Table to the section by deleting
25 "s. 67(2)".
page 41
Criminal Law and Evidence Amendment Bill 2006
Part 7 Various amending Acts amended
s. 78
(4) Section 124 is amended in the Table to the section by deleting
"s. 4(a)".
(5) Section 128 is amended in the Table to the section by deleting
the row relating to "s. 20".
5 (6) Schedule 1 clause 13 is repealed.
(7) Schedule 1 clause 46 is amended by deleting the row relating to
"s. 11(2)".
(8) Schedule 1 clause 69 is repealed.
(9) Schedule 1 clause 94 is amended by deleting the row relating to
10 "s. 430(2)(a)".
(10) Schedule 1 clause 100 is repealed.
(11) Schedule 1 clause 116 is amended by deleting "s. 93(1)".
(12) Schedule 1 clause 150 is amended by deleting the row relating
to "s. 116A(4)".
15 (13) Schedule 2 clauses 1 to 42 and 44 to 51 are repealed.
78. Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 amended
(1) The amendments in this section are to the Criminal Procedure
and Appeals (Consequential and Other Provisions) Act 2004*.
20 [* Act No. 84 of 2004.]
(2) Section 82 is amended in Table 2 as follows:
(a) by deleting the row relating to the Gas Standards
Act 1972;
(b) by deleting the row relating to the Land Valuers
25 Licensing Act 1978;
(c) by deleting the row relating to the Licensed Surveyors
Act 1909;
page 42
Criminal Law and Evidence Amendment Bill 2006
Various amending Acts amended Part 7
s. 78
(d) by deleting the row relating to the Local Government
(Miscellaneous Provisions) Act 1960;
(e) by deleting the row relating to the Travel Agents
Act 1985.
5 (3) Schedule 1 clause 20 is amended by deleting the row relating to
"s. 46(1)".
(4) Schedule 1 clause 25 is amended by deleting the row relating to
"s. 23".
(5) Schedule 1 clause 27 is repealed.
10 (6) Schedule 1 clause 31 is repealed.
(7) Schedule 2 clause 36 is amended by deleting "s. 133A".
(8) Schedule 2 clause 56 is amended by deleting the row relating to
"s. 38(1)".
(9) Schedule 2 clause 106 is repealed.
15 (10) Schedule 2 clause 157 is amended by deleting the row relating
to "s. 175H(2)(c)".
page 43
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