POLICE AMENDMENT BILL 2009

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This is a Bill, not an Act. For current law, see the Acts databases.

POLICE AMENDMENT BILL 2009

Western Australia

Police Amendment Bill 2009

CONTENTS

Part 1 -- Preliminary matters
1. Short title 2
2. Commencement 2
Part 2 -- Police Act 1892 amended
3. Act amended 3
4. Section 9 amended 3
5. Section 13 amended 3
6. Section 23 amended 3
7. Section 33 replaced 5
33. Fines and penalties to be credited to
Consolidated Account 5
8. Section 33E amended 5
9. Section 33K amended 6
10. Part IIIB inserted 6
Part IIIB -- Police auxiliary officers
38F. Terms used 6
38G. Appointing police auxiliary officers 6
38H. Functions of police auxiliary officers 8
38I. Police auxiliary officers not in the Police
Force 9
11. Section 136 amended 9
Part 3 -- Other Acts amended
12. Bail Act 1982 amended 10
13. Civil Judgments Enforcement Act 2004 amended 10
14. The Criminal Code amended 11
15. Criminal Investigation Act 2006 amended 11
16. Criminal Investigation (Identifying People)
Act 2002 amended 11

071--1 page i
Police Amendment Bill 2009

Contents

17. Cross-border Justice Act 2008 amended 12
18. Food Act 2008 amended 12
19. Industrial Relations Act 1979 amended 12
20. Juries Act 1957 amended 13
21. Misuse of Drugs Act 1981 amended 13
22. Public Interest Disclosure Act 2003 amended 13
23. Spent Convictions Act 1988 amended 13
24. Stock (Identification and Movement) Act 1970
amended 14
25. Workers' Compensation and Injury Management
Act 1981 amended 14

page ii
Western Australia

LEGISLATIVE ASSEMBLY

Police Amendment Bill 2009

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 2009
Part 1 Preliminary matters

s. 1

1 Part 1 -- Preliminary matters
2 1. Short title
3 This is the Police Amendment Act 2009.

4 2. Commencement
5 This Act comes into operation as follows --
6 (a) Part 1 -- on the day on which this Act receives the
7 Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation,
9 and different days may be fixed for different provisions.

page 2
Police Amendment Bill 2009
Police Act 1892 amended Part 2

s. 3

1 Part 2 -- Police Act 1892 amended
2 3. Act amended
3 This Part amends the Police Act 1892.

4 4. Section 9 amended
5 In section 9 after "Force," (each occurrence) insert:
6

7 police auxiliary officers,
8

9 5. Section 13 amended
10 In section 13 after "ordinary, and every" insert:
11

12 police auxiliary officer and
13

14 6. Section 23 amended
15 (1) In section 23(1) after "Force," (each occurrence) insert:
16

17 police auxiliary officer,
18

19 (2) In section 23(4):
20 (a) after "Force or any" insert:
21

22 police auxiliary officer,
23

24 (b) after "such member," insert:
25

26 police auxiliary officer,
27

page 3
Police Amendment Bill 2009
Part 2 Police Act 1892 amended

s. 6

1 (c) in paragraph (b) after "member," insert:
2

3 police auxiliary officer,
4

5 (d) delete paragraph (c) and insert:
6

7 (c) demotion;
8

9 (e) in paragraph (d) delete "rank" and insert:
10

11 office
12

13 (f) in paragraph (f) delete "of an" and insert:
14

15 of a police auxiliary officer or
16

17 (3) In section 23(5):
18 (a) delete "reduction in rank or" and insert:
19

20 demotion or reduction in
21

22 (b) in paragraph (a) delete "or of a" and insert:
23

24 or of a police auxiliary officer,
25

26 (4) Delete section 23(7) and insert:
27

28 (7) A fine imposed on a person under this section may be
29 recovered --
30 (a) by deducting the amount from the salary of the
31 person as a single sum or by instalments, as the
32 Commissioner decides; or

page 4
Police Amendment Bill 2009
Police Act 1892 amended Part 2

s. 7

1 (b) as a debt due to the State in a court of
2 competent jurisdiction.
3

4 7. Section 33 replaced
5 Delete section 33 and insert:
6

7 33. Fines and penalties to be credited to Consolidated
8 Account
9 All fines and penalties imposed under this Part on a
10 person appointed under this Act must be credited to the
11 Consolidated Account.
12

13 8. Section 33E amended
14 In section 33E:
15 (a) after "Force," (first occurrence) insert:
16

17 a police auxiliary officer,
18

19 (b) delete "that member cadet" and insert:
20

21 that member, cadet, police auxiliary officer,
22

23 (c) after "office of " insert:
24

25 police auxiliary officer or
26

page 5
Police Amendment Bill 2009
Part 2 Police Act 1892 amended

s. 9

1 9. Section 33K amended
2 (1) In section 33K in the definition of member after paragraph (d)
3 insert:
4

5 (e) a police auxiliary officer;
6

7 (2) In section 33K in the definition of removal from office after
8 paragraph (b) insert:
9

10 (c) the cancellation of the appointment of a police
11 auxiliary officer under section 38G(4);
12

13 10. Part IIIB inserted
14 After Part IIIA insert:
15

16 Part IIIB -- Police auxiliary officers
17 38F. Terms used
18 In this Part --
19 Commissioner means the Commissioner of Police
20 appointed under section 5;
21 police auxiliary officer means a police auxiliary officer
22 appointed under section 38G;
23 police officer means a person appointed under Part I as
24 an officer or constable of the Police Force, other than
25 as the Commissioner.

26 38G. Appointing police auxiliary officers
27 (1) The Commissioner may appoint any person as a police
28 auxiliary officer.

page 6
Police Amendment Bill 2009
Police Act 1892 amended Part 2

s. 10

1 (2) A police auxiliary officer's appointment is --
2 (a) for such period as the Commissioner decides;
3 and
4 (b) on such terms and conditions of service,
5 including remuneration, as the Commissioner
6 decides from time to time; but they must not be
7 less favourable than is provided for in --
8 (i) any applicable award, order or
9 agreement under the Industrial
10 Relations Act 1979; or
11 (ii) the Minimum Conditions of Employment
12 Act 1993.
13 (3) The Commissioner may at any time amend the terms of
14 a police auxiliary officer's appointment referred to in
15 section 38H(3).
16 (4) Subject to Part IIB, the Commissioner may at any time
17 cancel the appointment of a police auxiliary officer.
18 (5) The appointment of a police auxiliary officer, its terms
19 and conditions and any cancellation of it must be in
20 writing and signed by the Commissioner.
21 (6) The Commissioner must issue a police auxiliary officer
22 with a certificate of his or her appointment as a police
23 auxiliary officer.
24 (7) A police auxiliary officer whose appointment as such
25 ceases must return any certificate issued to him or her
26 under subsection (6) to the Commissioner.
27 Penalty: a fine of $500.

page 7
Police Amendment Bill 2009
Part 2 Police Act 1892 amended

s. 10

1 38H. Functions of police auxiliary officers
2 (1) Unless the document appointing a police auxiliary
3 officer says otherwise --
4 (a) a police auxiliary officer has all of the powers,
5 duties and obligations that a police officer or a
6 member of the Police Force has under any
7 written law other than this Act; and
8 (b) any authorisation, exemption or exception in
9 any written law other than this Act that applies
10 to a police officer or a member of the Police
11 Force applies to a police auxiliary officer,
12 unless that written law expressly says otherwise.
13 (2) If a provision of a written law other than this Act refers
14 to a police officer or to a member of the Police Force
15 but does not confer a power, duty or obligation on, or
16 create an authorisation, exemption or exception for, a
17 police officer or a member of the Police Force, the
18 provision is to be taken to include a reference to a
19 police auxiliary officer, unless the contrary intention
20 appears in the provision.
21 (3) The document appointing a police auxiliary officer
22 may limit the powers, duties or obligations of the
23 officer or the application of any authorisation,
24 exemption or exception to the officer in any way the
25 Commissioner thinks fit.
26 (4) Without limiting subsection (3) or section 38G(3), the
27 document appointing a police auxiliary officer may do
28 any or all of the following --
29 (a) limit the powers that the officer may exercise;
30 (b) limit when the officer may exercise his or her
31 powers or any of them;
32 (c) limit where in the State the officer may exercise
33 his or her powers or any of them;

page 8
Police Amendment Bill 2009
Police Act 1892 amended Part 2

s. 11

1 (d) limit the circumstances in which the officer
2 may exercise his or her powers or any of them;
3 (e) limit the offences in respect of which the
4 officer may exercise his or her powers or any of
5 them;
6 (f) limit the purposes for which the officer may
7 exercise his or her powers or any of them;
8 (g) limit or prohibit the possession or use of any
9 thing that the officer would otherwise be
10 authorised under a written law to possess or
11 use, despite the written law.

12 38I. Police auxiliary officers not in the Police Force
13 (1) A police auxiliary officer is not a member of the Police
14 Force of Western Australia for the purposes of this Act.
15 (2) Subsection (1) does not affect the operation of
16 section 38H(1) or (2) or 136.
17

18 11. Section 136 amended
19 In section 136(1) in the definition of member of the Police
20 Force delete "III or IIIA." and insert:
21

22 III, IIIA or IIIB.
23

page 9
Police Amendment Bill 2009
Part 3 Other Acts amended

s. 12

1 Part 3 -- Other Acts amended
2 12. Bail Act 1982 amended
3 (1) This section amends the Bail Act 1982.
4 (2) In section 3(1) delete the definitions of:
5 authorised police officer
6 police officer
7 (3) In section 3(1) insert in alphabetical order:
8

9 authorised police officer means --
10 (a) a police officer who holds the rank of sergeant,
11 or a higher rank;
12 (b) the police officer who is for the time being in
13 charge of a police station;
14 (c) whichever of these officers is for the time being
15 in charge of a lock-up --
16 (i) a police officer;
17 (ii) a special constable appointed under the
18 Police Act 1892 Part III whose powers,
19 duties and obligations are or include
20 those of an authorised police officer
21 under this Act;
22 (iii) a police auxiliary officer appointed
23 under the Police Act 1892 Part IIIB
24 whose powers, duties and obligations
25 are or include those of an authorised
26 police officer under this Act;
27

28 13. Civil Judgments Enforcement Act 2004 amended
29 (1) This section amends the Civil Judgments Enforcement Act 2004.

page 10
Police Amendment Bill 2009
Other Acts amended Part 3

s. 14

1 (2) In section 106 delete the definition of police officer.
2 (3) In section 106 insert in alphabetical order:
3

4 police office-holder means a person who holds an
5 appointment made under the Police Act 1892 Part I, III,
6 IIIA or IIIB;
7

8 (4) In section 107(2)(c) delete "police officer," and insert:
9

10 police office-holder,
11

12 (5) In section 109(6) delete "police officer)" and insert:
13

14 police office-holder)
15

16 14. The Criminal Code amended
17 (1) This section amends The Criminal Code.
18 (2) In section 70A(1) delete the definition of police officer.

19 15. Criminal Investigation Act 2006 amended
20 (1) This section amends the Criminal Investigation Act 2006.
21 (2) In section 3(1) delete the definition of police officer.

22 16. Criminal Investigation (Identifying People) Act 2002
23 amended
24 (1) This section amends the Criminal Investigation (Identifying
25 People) Act 2002.
26 (2) In section 3(1) delete the definition of police officer.

page 11
Police Amendment Bill 2009
Part 3 Other Acts amended

s. 17

1 (3) In section 22(1) delete "III or IIIA" and insert:
2

3 III, IIIA or IIIB
4

5 17. Cross-border Justice Act 2008 amended
6 (1) This section amends the Cross-border Justice Act 2008.
7 (2) In section 7(1) in the definition of police officer after
8 paragraph (a)(iii) insert:
9

10 or
11 (iv) a person who holds office under the
12 Police Act 1892 Part IIIB as a police
13 auxiliary officer;
14

15 18. Food Act 2008 amended
16 (1) This section amends the Food Act 2008.
17 (2) In section 8 delete the definition of police officer.

18 19. Industrial Relations Act 1979 amended
19 (1) This section amends the Industrial Relations Act 1979.
20 (2) Delete Schedule 3 clause 2(3) and insert:
21

22 (3) Despite subclause (2), an Arbitrator does not have
23 jurisdiction to enquire into or deal with, or refer to the
24 Commission in Court Session or the Full Bench, any matter
25 relating to or arising from the transfer, demotion, reduction
26 in salary, suspension from duty, removal, discharge,
27 dismissal or cancellation of the appointment under the
28 Police Act 1892 of a police officer, police auxiliary officer
29 or Aboriginal police liaison officer or, in the case of a

page 12
Police Amendment Bill 2009
Other Acts amended Part 3

s. 20

1 special constable, the cancellation under that Act of the
2 constable's appointment.
3

4 20. Juries Act 1957 amended
5 (1) This section amends the Juries Act 1957.
6 (2) In section 3(1) delete the definition of police officer.

7 21. Misuse of Drugs Act 1981 amended
8 (1) This section amends the Misuse of Drugs Act 1981.
9 (2) In section 3(1) delete the definition of police officer.

10 22. Public Interest Disclosure Act 2003 amended
11 (1) This section amends the Public Interest Disclosure Act 2003.
12 (2) In section 3(1) delete the definition of police officer.
13 (3) In section 3(1) in the definition of public officer delete
14 paragraph (e) and insert:
15

16 (e) a person who holds an appointment made under
17 the Police Act 1892 Part I, III, IIIA or IIIB;
18

19 (4) In section 5(3)(d) delete "a police officer --" and insert:
20

21 a person who holds an appointment made under
22 the Police Act 1892 Part I, III, IIIA or IIIB --
23

24 23. Spent Convictions Act 1988 amended
25 (1) This section amends the Spent Convictions Act 1988.

page 13
Police Amendment Bill 2009
Part 3 Other Acts amended

s. 24

1 (2) In Schedule 3 clause 1(1) in the Table item 3 after "constable"
2 insert:
3

4 or police auxiliary officer
5

6 24. Stock (Identification and Movement) Act 1970 amended
7 (1) This section amends the Stock (Identification and Movement)
8 Act 1970.
9 (2) In section 5 delete the definition of Police officer.
10 (3) In the provisions listed in the Table delete "Police" (each
11 occurrence) and insert:
12

13 police
14

15 Table
s. 5 def. of legible s. 37(3)
s. 38 s. 40
s. 43(3) s. 47
s. 48 s. 50(2)
s. 50(3) s. 54(2)

16 25. Workers' Compensation and Injury Management Act 1981
17 amended
18 (1) This section amends the Workers' Compensation and Injury
19 Management Act 1981.

page 14
Police Amendment Bill 2009
Other Acts amended Part 3

s. 25

1 (2) In section 5 in the definition of worker delete "member of the
2 police force," (each occurrence) and insert:
3

4 police officer or Aboriginal police liaison officer
5 appointed under the Police Act 1892,
6

page 15

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