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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Police Amendment Bill 2006
CONTENTS
Part 1 -- Preliminary matters
1. Short title 2
2. Commencement 2
Part 2 -- Police Act 1892 amended
3. The Act amended 3
4. Section 9 amended 3
5. Section 13 amended 3
6. Section 15 repealed 3
7. Section 23 amended 3
8. Section 33E amended 5
9. Section 33K amended 5
10. Part IIIA replaced 6
Part IIIA -- Aboriginal police liaison officers
38A. Interpretation 6
38B. Appointing and terminating Aboriginal
police liaison officers 6
38C. Functions of APLOs 7
38D. APLOs not in the Police Force 8
38E. Transitional 9
Part 3 -- Other Acts amended
11. Corruption and Crime Commission Act 2003
amended 10
12. Court Security and Custodial Services Act 1999
amended 10
13. Industrial Relations Act 1979 amended 11
14. Juries Act 1957 amended 11
15. Occupational Safety and Health Act 1984 amended 11
16. Prisons Act 1981 amended 12
184--2 page i
Police Amendment Bill 2006
Contents
17. Protective Custody Act 2000 amended 12
18. Public Interest Disclosure Act 2003 amended 13
19. Spent Convictions Act 1988 amended 13
20. Superannuation and Family Benefits Act 1938
amended 13
21. Tobacco Products Control Act 2006 amended 14
22. Witness Protection (Western Australia) Act 1996
amended 14
23. Various Acts amended in relation to the definition
of "police officer" 14
page ii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Police Amendment Bill 2006
A Bill for
An Act to amend the Police Act 1892 and to consequentially amend
various other Acts.
The Parliament of Western Australia enacts as follows:
page 1
Police Amendment Bill 2006
Part 1 Preliminary matters
s. 1
Part 1 -- Preliminary matters
1. Short title
This is the Police Amendment Act 2006.
2. Commencement
5 (1) This Act, other than section 23, comes into operation on the day
after the day on which it receives the Royal Assent.
(2) Section 23 comes into operation on a day to be fixed by
proclamation.
(3) Different days may be fixed under subsection (2) for different
10 provisions.
(4) A day fixed under subsection (2) must not be before the day on
which the Criminal Investigation (Consequential Provisions)
Act 2006 Schedule 1 clause 8 comes into operation.
page 2
Police Amendment Bill 2006
Police Act 1892 amended Part 2
s. 3
Part 2 -- Police Act 1892 amended
3. The Act amended
The amendments in this Part are to the Police Act 1892*.
[* Reprint 12 as at 1 June 2005.]
5 4. Section 9 amended
Section 9 is amended as follows:
(a) by deleting "and of police cadets," and inserting
instead --
"
10 , police cadets and Aboriginal police liaison officers,
";
(b) by deleting "and cadets" and inserting instead --
" , cadets and Aboriginal police liaison officers, ".
5. Section 13 amended
15 Section 13 is amended by inserting after "ordinary," --
" and every Aboriginal police liaison officer, ".
6. Section 15 repealed
Section 15 is repealed.
7. Section 23 amended
20 (1) Section 23(1) is amended as follows:
(a) by deleting "and any police cadet" and inserting
instead --
"
, police cadet or Aboriginal police liaison officer
25 ";
(b) by deleting "or cadet." and inserting instead --
" , cadet or liaison officer. ".
page 3
Police Amendment Bill 2006
Part 2 Police Act 1892 amended
s. 7
(2) Section 23(4) is amended as follows:
(a) by deleting "or any police cadet" and inserting
instead --
"
5 or any police cadet or Aboriginal police liaison officer
";
(b) by deleting "or cadet" and inserting instead --
" , cadet or liaison officer ";
(c) in paragraph (b) by deleting "or cadet;" and inserting
10 instead --
" , cadet or liaison officer; ";
(d) in paragraph (f) by inserting after "Force" --
"
or, in the case of an Aboriginal police liaison
15 officer, cancellation of his appointment
".
(3) Section 23(5) is amended as follows:
(a) by inserting after "dismissal" --
" or cancellation of appointment ";
20 (b) in paragraph (a) by inserting after "cadet" --
" or liaison officer ".
(4) Section 23(7) is repealed and the following subsection is
inserted instead --
"
25 (7) A fine imposed under this section may be recovered --
(a) by deducting the amount from the salary of the
member, cadet or liaison officer concerned as a
single sum or by instalments, as the
Commissioner decides; or
page 4
Police Amendment Bill 2006
Police Act 1892 amended Part 2
s. 8
(b) as a debt due to the State in a court of
competent jurisdiction.
".
8. Section 33E amended
5 Section 33E is amended as follows:
(a) by deleting "or a police cadet" and inserting instead --
"
, a police cadet or an Aboriginal police liaison officer
";
10 (b) by deleting "or cadet" and inserting instead --
" cadet or liaison officer ";
(c) by inserting after "duty," --
"
removed from the office of Aboriginal police liaison
15 officer,
".
9. Section 33K amended
Section 33K is amended as follows:
(a) in the definition of "member" by deleting paragraph (d)
20 and inserting instead --
"
(d) an Aboriginal police liaison officer;
";
(b) in the definition of "removal action" by deleting
25 paragraph (c) and inserting instead --
"
(c) the cancellation of the appointment of an
Aboriginal police liaison officer under
section 38B(4);
30 ";
page 5
Police Amendment Bill 2006
Part 2 Police Act 1892 amended
s. 10
(c) in the definition of "removal from office" by deleting
paragraph (b) and inserting instead --
"
(b) the cancellation of the appointment of an
5 Aboriginal police liaison officer under
section 38B(4);
".
10. Part IIIA replaced
Part IIIA is repealed and the following Part is inserted
10 instead --
"
Part IIIA -- Aboriginal police liaison officers
38A. Interpretation
In this Part, unless the contrary intention appears --
15 "APLO" means an Aboriginal police liaison officer
appointed under section 38B(1);
"Commissioner" means the Commissioner of Police
appointed under section 5;
"police officer" means a person appointed under Part I
20 as an officer or constable of the Police Force, other
than as the Commissioner.
38B. Appointing and terminating Aboriginal police
liaison officers
(1) The Commissioner may appoint any person of
25 Aboriginal descent as an Aboriginal police liaison
officer.
(2) An APLO's appointment is --
(a) for such period as the Commissioner decides;
and
30 (b) on such terms and conditions of service,
including remuneration, as the Commissioner
page 6
Police Amendment Bill 2006
Police Act 1892 amended Part 2
s. 10
decides from time to time; but they must not be
less favourable than is provided for in --
(i) any applicable award, order or
agreement under the Industrial
5 Relations Act 1979; or
(ii) the Minimum Conditions of Employment
Act 1993.
(3) The Commissioner may at any time amend those terms
of an APLO's appointment referred to in section
10 38C(3).
(4) Subject to Part IIB, the Commissioner may at any time
cancel the appointment of an APLO.
(5) The appointment of an APLO, its terms and conditions
and any cancellation of it must be in writing and signed
15 by the Commissioner.
38C. Functions of APLOs
(1) Unless the document appointing an APLO says
otherwise --
(a) an APLO has all of the powers, duties and
20 obligations that a police officer or a member of
the Police Force has under any written law
other than this Act; and
(b) any authorisation, exemption or exception in
any written law other than this Act that applies
25 to a police officer or a member of the Police
Force applies to an APLO,
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
30 but does not confer a power, duty or obligation on, or
create an authorisation, exemption or exception for, a
police officer or a member of the Police Force, the
page 7
Police Amendment Bill 2006
Part 2 Police Act 1892 amended
s. 10
provision is to be taken to include a reference to an
APLO, unless the contrary intention appears in the
provision.
(3) The document appointing an APLO may limit the
5 powers, duties or obligations of the APLO or the
application of any authorisation, exemption or
exception to the APLO in any way the Commissioner
thinks fit.
(4) Without limiting subsection (3) or section 38B(3), the
10 document appointing an APLO may do any or all of
the following --
(a) limit the powers that the APLO may exercise;
(b) limit when the APLO may exercise his or her
powers or any of them;
15 (c) limit where in the State the APLO may exercise
his or her powers or any of them;
(d) limit the circumstances in which the APLO
may exercise his or her powers or any of them;
(e) limit the offences in respect of which the APLO
20 may exercise his or her powers or any of them;
(f) limit the purposes for which the APLO may
exercise his or her powers or any of them;
(g) limit or prohibit the possession or use of any
thing that the APLO would otherwise be
25 authorised under a written law to possess or
use, despite the written law.
38D. APLOs not in the Police Force
(1) An APLO is not a member of the Police Force of
Western Australia for the purposes of this Act.
30 (2) Subsection (1) does not affect the operation of
section 38C(1) or (2) or 136.
page 8
Police Amendment Bill 2006
Police Act 1892 amended Part 2
s. 10
38E. Transitional
If immediately before the commencement of this Part,
a person is an aboriginal aide appointed under this Act
as it was before this Part commenced, then on the
5 commencement of this Part --
(a) the person is to be taken to be an APLO
appointed under this Part on the terms and
conditions applicable to his or her appointment
as an aboriginal aide; and
10 (b) the instrument of appointment that appoints
him or her to be an aboriginal aide is to be
taken to be the document that appoints him or
her as an APLO; and
(c) this Part applies to and in respect of the person
15 as if he or she had been appointed under it to be
an APLO.
".
page 9
Police Amendment Bill 2006
Part 3 Other Acts amended
s. 11
Part 3 -- Other Acts amended
11. Corruption and Crime Commission Act 2003 amended
(1) The amendments in this section are to the Corruption and
Crime Commission Act 2003*.
5 [* Reprint 2 as at 7 July 2006.]
(2) Section 3 is amended in the definition of "police officer" by
deleting paragraph (c) and inserting instead --
"
(c) under Part IIIA of the Police Act 1892 to be
10 an Aboriginal police liaison officer;
".
(3) Section 90(1)(b) is amended by deleting "aboriginal aide" and
inserting instead --
" Aboriginal police liaison officer ".
15 (4) Section 90(5) is amended by deleting "aboriginal aide" and
inserting instead --
" Aboriginal police liaison officer ".
12. Court Security and Custodial Services Act 1999 amended
(1) The amendments in this section are to the Court Security and
20 Custodial Services Act 1999*.
[* Reprint 2 as at 9 September 2005.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1.]
(2) Section 3 is amended in the definition of "police officer" by
25 deleting paragraph (c) and inserting instead --
"
(c) under Part IIIA of the Police Act 1892 to be
an Aboriginal police liaison officer;
".
page 10
Police Amendment Bill 2006
Other Acts amended Part 3
s. 13
13. Industrial Relations Act 1979 amended
(1) The amendments in this section are to the Industrial Relations
Act 1979*.
[* Reprint 10 as at 8 July 2005.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, and Acts
Nos. 34 of 2004 and 36 of 2006.]
(2) Schedule 3 clause 1 is amended in the definition of "police
officer" by deleting paragraph (d) and inserting instead --
10 "
(d) under Part IIIA of the Police Act 1892 to be an
Aboriginal police liaison officer.
".
14. Juries Act 1957 amended
15 (1) The amendments in this section are to the Juries Act 1957*.
[* Reprint 4 as at 2 September 2005.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, and Acts
Nos. 34 of 2004 and 28 of 2006.]
20 (2) The Second Schedule Part I clause 2(h) is amended by deleting
"aboriginal aide" and inserting instead --
" Aboriginal police liaison officer ".
15. Occupational Safety and Health Act 1984 amended
(1) The amendments in this section are to the Occupational Safety
25 and Health Act 1984*.
[* Reprint 5 as at 24 June 2005.
For subsequent amendments see Act No. 38 of 2005.]
page 11
Police Amendment Bill 2006
Part 3 Other Acts amended
s. 16
(2) Section 3(1) is amended in the definition of "police officer" by
deleting paragraph (c) and inserting instead --
"
(c) under Part IIIA of the Police Act 1892 to be
5 an Aboriginal police liaison officer;
".
16. Prisons Act 1981 amended
(1) The amendments in this section are to the Prisons Act 1981*.
[* Reprint 5 as at 21 July 2006.]
10 (2) Section 3(1) is amended in the definition of "police officer" by
deleting paragraph (c) and inserting instead --
"
(c) under Part IIIA of the Police Act 1892 to be
an Aboriginal police liaison officer;
15 ".
17. Protective Custody Act 2000 amended
(1) The amendments in this section are to the Protective Custody
Act 2000*.
[* Reprint 1 as at 2 June 2006.]
20 (2) Section 3 is amended in the definition of "police officer" by
deleting paragraph (c) and inserting instead --
"
(c) an Aboriginal police liaison officer;
".
page 12
Police Amendment Bill 2006
Other Acts amended Part 3
s. 18
18. Public Interest Disclosure Act 2003 amended
(1) The amendments in this section are to the Public Interest
Disclosure Act 2003*.
[* Act No. 29 of 2003.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1.]
(2) Section 3(1) is amended in the definition of "police officer" by
deleting paragraph (c) and inserting instead --
"
10 (c) appointed under Part IIIA of the Police
Act 1892 to be an Aboriginal police liaison
officer;
".
19. Spent Convictions Act 1988 amended
15 (1) The amendments in this section are to the Spent Convictions
Act 1988*.
[* Reprint 4 as at 8 July 2005.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1 and Gazette
20 24 Oct 2006.]
(2) Schedule 3 clause 1(1) is amended in the Table item 3 by
deleting "aboriginal aide" and inserting instead --
" Aboriginal police liaison officer ".
20. Superannuation and Family Benefits Act 1938 amended
25 (1) The amendments in this section are to the Superannuation and
Family Benefits Act 1938*.
[* Reprinted as at 20 July 1999.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1.]
page 13
Police Amendment Bill 2006
Part 3 Other Acts amended
s. 21
(2) Section 6(1) is amended in the definition of "member of the
Police Force" by deleting "aboriginal aide" and inserting
instead --
" Aboriginal police liaison officer ".
5 21. Tobacco Products Control Act 2006 amended
(1) The amendments in this section are to the Tobacco Products
Control Act 2006*.
[* Act No. 5 of 2006.]
(2) The glossary is amended in the definition of "police officer" by
10 deleting paragraph (c) and inserting instead --
"
(c) Part IIIA to be an Aboriginal police liaison
officer;
".
15 22. Witness Protection (Western Australia) Act 1996 amended
(1) The amendments in this section are to the Witness Protection
(Western Australia) Act 1996*.
[* Reprint 1 as at 10 October 2003.
For subsequent amendments see Western Australian
20 Legislation Information Tables for 2005, Table 1.]
(2) Section 3(1) is amended in the definition of "police officer" by
deleting paragraph (c) and inserting instead --
"
(c) an Aboriginal police liaison officer;
25 ".
23. Various Acts amended in relation to the definition of "police
officer"
(1) The Corruption and Crime Commission Act 2003 section 3 is
amended by deleting the definition of "police officer".
page 14
Police Amendment Bill 2006
Other Acts amended Part 3
s. 23
(2) The Court Security and Custodial Services Act 1999 section 3 is
amended by deleting the definition of "police officer".
(3) The Industrial Relations Act 1979 Schedule 3 clause 1 is
amended as follows:
5 (a) by deleting the semi colon after the definition of
"Arbitrator" and inserting instead a full stop;
(b) by deleting the definition of "police officer".
(4) The Second Schedule Part I clause 2(h) of the Juries Act 1957 is
deleted and the following paragraph is inserted instead --
10 "
(h) police officer;
".
(5) The Occupational Safety and Health Act 1984 section 3(1) is
amended by deleting the definition of "police officer".
15 (6) The Prisons Act 1981 section 3(1) is amended by deleting the
definition of "police officer".
(7) The Protective Custody Act 2000 section 3 is amended by
deleting the definition of "police officer".
(8) The glossary in the Tobacco Products Control Act 2006 is
20 amended by deleting the definition of "police officer".
(9) The Witness Protection (Western Australia) Act 1996
section 3(1) is amended by deleting the definition of "police
officer".
page 15
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