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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Public Transport Authority Amendment
Bill 2008
CONTENTS
1. Short title 2
2. Commencement 2
3. The Act amended 2
4. Section 58 amended 2
5. Sections 64A and 64B inserted 3
64A. Prohibiting people from being on or in a
conveyance or facility 3
64B. Contravention of prohibition order 5
275--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Public Transport Authority Amendment
Bill 2008
A Bill for
An Act to amend the Public Transport Authority Act 2003.
The Parliament of Western Australia enacts as follows:
page 1
Public Transport Authority Amendment Bill 2008
s. 1
1. Short title
This is the Public Transport Authority Amendment Act 2008.
2. Commencement
This Act comes into operation as follows:
5 (a) sections 1 and 2 -- on the day on which this Act
receives the Royal Assent;
(b) the rest of the Act -- on a day fixed by proclamation,
and different days may be fixed for different provisions.
3. The Act amended
10 The amendments in this Act are to the Public Transport
Authority Act 2003.
4. Section 58 amended
After section 58(3) the following subsection is inserted --
"
15 (4) If a security officer or a member of the Police Force
has reason to believe that a person has committed an
offence under section 64B(1), the security officer or
member of the Police Force may, without warrant other
than this subsection, take the offender into custody and
20 take the offender to a police station or other place for
the offender to be dealt with for the offence according
to law.
".
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Public Transport Authority Amendment Bill 2008
s. 5
5. Sections 64A and 64B inserted
After section 64 the following sections are inserted --
"
64A. Prohibiting people from being on or in a
5 conveyance or facility
(1) In this section --
"conveyance" means a road bus, ferry or railway train
involved in the provision of a public passenger
transport service by the Authority;
10 "facility" means a place associated with the provision
of a public passenger transport service provided by
the Authority.
(2) For the purposes of this section, an offence is a relevant
offence if it --
15 (a) is an offence specified in subsection (3); and
(b) is an offence committed on or after the day
12 months before the day on which the Public
Transport Authority Amendment Act 2008
section 5 comes into operation.
20 (3) The specified offences are --
(a) an offence under The Criminal Code
section 313, 317 or 318(1)(d) or (g) committed
on or in a conveyance or facility;
(b) an offence under The Criminal Code
25 section 444 committed in relation to Authority
property, a conveyance or a facility;
(c) an offence under the Government Railways
Act 1904 section 43(5) committed on or in a
conveyance or facility and involving behaving
30 in a violent or offensive manner to the
annoyance of others;
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Public Transport Authority Amendment Bill 2008
s. 5
(d) an offence under the Public Transport
Authority Regulations 2003 regulation 40;
(e) an offence under the Public Transport
Authority Regulations 2003 regulation 42
5 committed when regulation 41(g) was the
paragraph relevant to the belief on the grounds
of which the offender was advised.
(4) If the chief executive officer proposes to give a person
a prohibition order under subsection (5), the chief
10 executive officer must, by written notice, give the
offender 14 days beginning on the date of the notice to
show cause --
(a) why the order should not be given to the
offender; and
15 (b) why the order should specify circumstances (an
"exception") in which the offender may be on
or in a conveyance or facility despite the person
being prohibited from being on or in a
conveyance or facility for the period specified
20 in the order.
(5) If a person has been found guilty of or pleaded guilty
to --
(a) at least 2 relevant offences committed within a
period of 12 months beginning on the day on
25 which the first offence was committed; or
(b) 3 or more relevant offences committed within a
period of 18 months beginning on the day on
which the first offence was committed,
and the offences do not arise from the same acts or
30 circumstances, the chief executive officer may give the
person (the "offender") an order (a "prohibition
order"), in a form approved in writing by the chief
executive officer, prohibiting the offender from being
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Public Transport Authority Amendment Bill 2008
s. 5
on or in a conveyance or facility for the period and
subject to any exception specified in the order.
(6) The period specified in the order --
(a) must not exceed one month if the offender has
5 been found guilty of or pleaded guilty to not
more than 2 relevant offences committed within
a period of 12 months beginning on the day on
which the first offence was committed; and
(b) must not exceed 3 months if the offender has
10 been found guilty of or pleaded guilty to more
than 2 relevant offences committed within a
period of 18 months beginning on the day on
which the first offence was committed.
(7) For the purposes of subsections (5) and (6), if a person
15 is found guilty of or pleads guilty to more than one
relevant offence at one hearing, those relevant offences
are to be taken to be one relevant offence committed by
the person on the date on which the latest of those
offences was committed.
20 (8) On the application of an offender the subject of a
prohibition order, the chief executive officer may --
(a) revoke the order; or
(b) make the order subject to an exception; or
(c) amend any exception to which the order is
25 subject.
64B. Contravention of prohibition order
(1) A person who, without reasonable excuse, contravenes
a prohibition order given to the person under
section 64A(5) commits an offence.
30 Penalty: imprisonment for 9 months.
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Public Transport Authority Amendment Bill 2008
s. 5
(2) Despite the Sentencing Act 1995 section 41(2), a court
sentencing a person for an offence under subsection (1)
may use only the sentencing options in the Sentencing
Act 1995 section 39(2)(d) to (h).
5 (3) The Young Offenders Act 1994 section 71 does not
apply to the sentencing of a young person, as defined in
section 3 of that Act (the "young offender"), for an
offence under subsection (1).
(4) If a young offender is being dealt with by a juvenile
10 justice team for an offence under subsection (1), the
chief executive officer is to be taken to be a victim, as
referred to in the Young Offenders Act 1994
section 31(1), for the purposes of Part 5 Division 2 of
that Act.
15
page 6
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