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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE ASSEMBLY
Police Amendment Bill 1998
A Bill for
An Act to amend the Police Act 1892 and to consequentially amend
the Young Offenders Act 1994.
The Parliament of Western Australia enacts as follows:
page 1
2--1
Police Amendment Bill 1998
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Police Amendment Act 1998.
2. Commencement
5 This Act comes into operation on such day as is fixed by
proclamation.
page 2
Police Amendment Bill 1998
Police Act 1892 amended Part 2
s. 3
Part 2 -- Police Act 1892 amended
3. The Act amended by this Part
The amendments in this Part are to the Police Act 1892*.
[* Reprinted as at 31 January 1997.
5 For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, pp. 182-4 and Act No. 10
of 1998.]
4. Section 65 amended
(1) After section 65(1) the following paragraph is inserted --
10 "
(2) Every person who has in his possession any thing with
the intention of using it to cause damage consisting of
graffiti.
".
15 (2) Section 65 is amended by inserting at the end of the section the
following paragraph --
"
A person is presumed to have had the intention referred
to in paragraph (2) if --
20 (a) the person had possession of the thing in
circumstances that give reasonable grounds for
suspecting that the person had the intention;
and
(b) the contrary is not proved.
25 ".
page 3
Police Amendment Bill 1998
Part 2 Police Act 1892 amended
s. 5
5. Section 67B inserted
After section 67A the following section is inserted --
"
67B. Search and seizure on reasonable suspicion
5 A police officer or constable may without warrant --
(a) stop, detain and search any person who the
officer or constable suspects on reasonable
grounds to be committing an offence under
section 65, 66 or 67; and
10 (b) seize any thing that the officer or constable
suspects on reasonable grounds relates to the
commission of the offence.
".
6. Section 76 amended
15 (1) Section 76 is amended by inserting after the section designation
"76." the subsection designation "(1)".
(2) After section 76(1) the following subsection is inserted --
"
(2) Despite subsection (1), if --
20 (a) possession of the goods or chattels is unlawful;
or
(b) the Commissioner of Police is satisfied that the
goods or chattels are valueless,
the Commissioner may dispose of the goods or chattels
25 in such manner as the Commissioner thinks fit.
".
page 4
Police Amendment Bill 1998
Young Offenders Act 1994 amended Part 3
s. 7
Part 3 -- Young Offenders Act 1994 amended
7. The Act amended by this Part
The amendments in this Part are to the Young Offenders
Act 1994*.
5 [* Reprinted as at 26 November 1996.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 259 and Act No. 29 of 1998.]
8. Section 23A amended
Section 23A(2) is amended as follows:
10 (a) by deleting the full stop at the end of paragraph (g) and
substituting the following --
" ; and ";
(b) after paragraph (g) by inserting --
"
15 (h) a description of any thing seized by the police
officer in relation to the offence.
".
9. Section 23B inserted
After section 23A the following section is inserted in
20 Division 1 --
"
23B. Police officer may retain a thing relating to an
offence
(1) If a police officer --
25 (a) under a written law, seizes from a young person
a thing relating to an offence; and
page 5
Police Amendment Bill 1998
Part 3 Young Offenders Act 1994 amended
s. 9
(b) gives a caution to the young person for the
offence,
the police officer may retain the thing or release it to an
appropriate person.
5 (2) A police officer who retains a thing under
subsection (1) must, after 48 hours after giving the
caution, make the thing available for collection by an
appropriate person, unless the thing can be retained
under any other law.
10 (3) In this section --
"appropriate person", in relation to a thing seized
from a young person, means a person who --
(a) owns the thing, is authorized by the owner
to possess it or, if the young person is the
15 owner, is a responsible adult in relation to
the young person; and
(b) is not prohibited by law from possessing
the thing.
".
20
page 6
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