CRIMINAL INVESTIGATION ACT 2006 - SECT 158
CRIMINAL INVESTIGATION ACT 2006 - SECT 158
158 . Validation relating to definition of serious offence in s. 128(1)
(1) In this section
—
validation period means the period beginning on 7
April 2020 and ending on the day on which the Criminal Investigation Amendment
(Validation) Act 2023 section 5 comes into operation.
(2) The definition of
serious offence in section 128(1) is taken to have included, at all times
during the validation period, an offence under the Restraining Orders Act 1997
section 61(1A).
(3) Subsections (4),
(5), (6), (8) and (9) —
(a)
supplement subsection (2); but
(b) are
not to be construed as limiting the effect of subsection (2) or the effect of
each other.
(4) This Act and any
other written law as in force at any time on or after 7 April 2020 are taken
to have, or to have had, the same effect at that time as if the definition of
serious offence in section 128(1) had been as provided in subsection (2) at
all times during the validation period.
(5) Anything done, or
purportedly done, on or after 7 April 2020 is taken to be, and to have always
been, as lawful, valid and effective as it would be, or would have been, had
the definition of serious offence in section 128(1) been as provided in
subsection (2) at all times during the validation period.
(6) Subsection (5)
applies, for example, to the exercise, or purported exercise, of any of the
following powers on or after 7 April 2020 —
(a) a
power to arrest a person under section 128;
(b)
another power that may be exercised under this Act or another written law in
relation to a person who is, or may be, arrested under section 128.
(7) In subsection (5),
a reference to the doing of anything includes a reference to an omission to do
anything.
(8) The functions,
rights, obligations and liabilities of the State, and of all persons and
bodies, are taken to be, and to have always been, the same as if the
definition of serious offence in section 128(1) had been as provided in
subsection (2) at all times during the validation period.
(9) An act done or
omission made on or after 7 April 2020 is taken to be, and to have always been
—
(a) an
offence, or other contravention of a written law, if it would be, or would
have been, an offence or other contravention had the definition of serious
offence in section 128(1) been as provided in subsection (2) at all times
during the validation period; and
(b)
subject to the same punishment or other penalty or consequences, whether
criminal or civil, as it would be, or would have been, had the definition of
serious offence in section 128(1) been as provided in subsection (2) at all
times during the validation period.
(10) This section has
effect despite section 6 and The Criminal Code section 11.
[Section 158 inserted: No. 8 of 2023 s. 5.]
This is a compilation of the Criminal Investigation Act 2006 and includes
amendments made by other written laws 1M . For provisions that have come into
operation, and for information about any reprints, see the compilation table.
For provisions that have not yet come into operation see the uncommenced
provisions table.
Compilation table
Short title |
Number and year |
Assent |
Commencement | ||
---|---|---|---|---|---|
58 of 2006 |
16 Nov 2006 |
s. 1 and 2: 16 Nov 2006; | |||
Acts Amendment (Justice) Act 2008 Pt. 8 |
5 of 2008 |
31 Mar 2008 |
s. 39: 26 Jul 2008 (see s. 2(c)(i) and Gazette 25 Jul 2008 p. 3391); | ||
Legal Profession Act 2008 s. 656 |
21 of 2008 |
27 May 2008 |
1 Mar 2009 (see s. 2(b) and Gazette 27 Feb 2009 p. 511) | ||
Medical Practitioners Act 2008 Sch. 3 cl. 16 |
22 of 2008 |
27 May 2008 |
1 Dec 2008 (see s. 2 and Gazette 25 Nov 2008 p. 4989) | ||
Police Amendment Act 2009 s. 15 |
42 of 2009 |
3 Dec 2009 |
13 Mar 2010 (see s. 2(b) and Gazette 12 Mar 2010 p. 941) | ||
Health Practitioner Regulation National Law (WA) Act 2010 Pt. 5 Div. 17 |
35 of 2010 |
30 Aug 2010 |
18 Oct 2010 (see s. 2(b) and Gazette 1 Oct 2010 p. 5075-6) | ||
Prohibited Behaviour Orders Act 2010 Pt. 5 Div. 2 |
59 of 2010 |
8 Dec 2010 |
23 Feb 2011 (see s. 2(b) and Gazette 23 Feb 2011 p. 633) | ||
Reprint 1: The Criminal Investigation Act 2006 as at 14 Jan 2011 (includes
amendments listed above except those in the Prohibited Behaviour Orders Act
2010 ) | |||||
Criminal Investigation Amendment Act 2011 |
11 of 2011 |
2 May 2011 |
s. 1 and 2: 2 May 2011 (see s. 2(a)); | ||
Restraining Orders Amendment Act 2011 Pt. 3 |
32 of 2011 |
12 Sep 2011 |
5 May 2012 (see s. 2(b) and Gazette 4 May 2012 p. 1847) | ||
Road Traffic Legislation Amendment Act 2012 Pt. 4 Div. 14 |
8 of 2012 |
21 May 2012 |
27 Apr 2015 (see s. 2(d) and Gazette 17 Apr 2015 p. 1371) | ||
Criminal Appeals Amendment (Double Jeopardy) Act 2012 s. 7 |
9 of 2012 |
21 May 2012 |
26 Sep 2012 (see s. 2(b) and Gazette 25 Sep 2012 p. 4499) | ||
49 of 2012 |
29 Nov 2012 |
2 Nov 2013 (see s. 2(b) and Gazette 1 Nov 2013 p. 4891) | |||
Criminal Law Amendment (Out-of-Control Gatherings) Act 2012 Pt. 3 |
56 of 2012 |
6 Dec 2012 |
15 Dec 2012 (see s. 2(b) and Gazette 14 Dec 2012 p. 6196) | ||
Reprint 2: The Criminal Investigation Act 2006 as at 5 Apr 2013 (includes
amendments listed above except those in the
Criminal Organisations Control Act 2012 and the Road Traffic Legislation
Amendment Act 2012 ) | |||||
Criminal Investigation (Identifying People) Amendment Act 2013 s. 29 |
22 of 2013 |
12 Nov 2013 |
13 Nov 2013 (see s. 2(c)) | ||
Mental Health Legislation Amendment Act 2014 |
25 of 2014 |
3 Nov 2014 |
30 Nov 2015 (see s. 2(b) and Gazette 13 Nov 2015 p. 4632) | ||
Criminal Investigation Amendment Act 2014 |
31 of 2014 |
3 Dec 2014 |
s. 1 and 2: 3 Dec 2014 (see s. 2(a)); | ||
Corruption and Crime Commission Amendment (Misconduct) Act 2014 s. 39 |
35 of 2014 |
9 Dec 2014 |
1 Jul 2015 (see s. 2(b) and Gazette 26 Jun 2015 p. 2235) | ||
Reprint 3: The Criminal Investigation Act 2006 as at 4 Sep 2015 (includes
amendments listed above except those in the Mental Health Legislation
Amendment Act 2014 ) | |||||
Restraining Orders and Related Legislation Amendment (Family Violence) Act
2016 Pt. 3 Div. 5 |
49 of 2016 |
29 Nov 2016 |
1 Jul 2017 (see s. 2(b) and Gazette 7 Feb 2017 p. 1157) | ||
Health Practitioner Regulation National Law (WA) Amendment Act 2018 s. 108 |
4 of 2018 |
19 Apr 2018 |
1 Dec 2018 (see s. 2(d) and Gazette 13 Nov 2018 p. 4427-8) | ||
Fines, Penalties and Infringement Notices Enforcement Amendment Act 2020 Pt. 3
Div. 2 |
25 of 2020 |
19 Jun 2020 |
29 Sep 2020 (see s. 2(1)(c) and SL 2020/159 cl. 2(a)) | ||
Road Traffic Amendment (Impaired Driving and Penalties) Act 2020 Pt. 3 Div. 1 |
27 of 2020 |
9 Jul 2020 |
1 Jul 2021 (see s. 2(1)(b) and SL 2021/54 cl. 2(d)) | ||
COVID-19 Response and Economic Recovery Omnibus Act 2020 s. 56 |
34 of 2020 |
11 Sep 2020 |
12 Sep 2020 (see s. 2(b)) | ||
9 of 2022 |
14 Apr 2022 |
1 Jul 2022 (see s. 2(c) and SL 2022/113 cl. 2) | |||
Criminal Investigation Amendment (Validation) Act 2023 |
8 of 2023 |
29 Mar 2023 |
Act (other than s. 4): 29 Mar 2023 (see s. 2(1)); |
To view the text of the uncommenced provisions see Acts as passed on the WA
Legislation website.
Short title |
Number and year |
Assent |
Commencement |
---|---|---|---|
Mental Health Legislation Amendment Act 2014 s. 52(1) |
25 of 2014 |
3 Nov 2015 |
To be proclaimed (see s. 2(b)) |
Western Australian Marine Amendment Act 2023 s. 31 |
31 of 2023 |
11 Dec 2023 |
To be proclaimed (see s. 2(c)) |
1M Under the Cross-border Justice Act 2008 section
14, in order to give effect to that Act, this Act must be applied with the
modifications prescribed by the
Cross-border Justice Regulations 2009 Part 3
Division 6 as if this Act had been altered in that way. If a modification is
to replace or insert a numbered provision, the new provision is identified by
the superscript 1M appearing after the provision number. If a modification is
to replace or insert a definition, the new definition is identified by the
superscript 1M appearing after the defined term.
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
admission
118(1)
adult 73, 118(1)
aggrieved
person 49(1)
area associated with a dwelling
3(1)
arrestable offence
25(1)
arrestable person 132(1)
arrested
suspect 138(1), 139(1), 140(1), 142(1)
arrest
warrant 3(1)
assault
38C(1)
authorisation 154(1)
authorised
47(1)
authorised officer
135(1)
authorised person 120(1)
basic search
3(1)
behave in a disorderly manner
38C(1)
body search 109
business
50
business record 50
CCC 115
CCC officer
115
child 73, 118(1)
circumstances of aggravation
38C(1)
citizen 24(1)
court 151(1)
data 57
data access order 57
data storage device
57
dentist 73
disturb
3(1)
doctor 73
DPP
3(1)
dwelling 3(1)
endangering offence 26(1)
escapee
134(1)
forensic database 112(1)
forensic examination 3(1)
forensic information
112(1)
forensic procedure
3(1), 73
forensic purpose 113(1)
FP warrant
(involved person) 73
FP warrant (suspect)
73
frisk search 3(1)
identifying particular 73
impression
3(1)
incapable person 73
internal
forensic procedure 73
interview
115
intimate forensic procedure 73
investigating officer 49(3), 147(7)
involved
person 73, 83(1), 84(1)
judicial officer
13(1)
midwife 73
mobile home
3(1)
non-intimate forensic procedure
73
nurse 73
occupier
3(1)
offence 3(1)
officer
3(1), 137(1), 138(1), 142(1)
official details
3(1)
ombudsman officer 115
order to produce 50
out-of-control gathering
32A
Parliamentary Inspector
115
passenger 26(2)
person in authority
32A
photograph 3(1)
place 3(1)
prescribed
3(1)
prescribed person 124(1)
private parts
3(1)
privileged 151(1)
prohibited thing 69A, 69B
protected forensic area
3(1)
protected information
113(1)
protected person 73
Public Advocate
73
public officer 3(1)
public open area 3(1)
public place
3(1)
qualified person 73
reasonable
excuse 118(1)
reasonably suspects
3(1)
record 3(1)
relevant thing
73
remote communication
3(1)
responsible person 73, 73
road
18(1)
searcher 65(1), 70(1),
71(1), 72(1)
search warrant 3(1)
security risk
item 135(1)
senior officer
38A(1), 44(1), 47(1), 97(1), 133(1), 140(1)
senior police officer
3(1)
serious event
37(1)
serious offence 40(1), 57, 128(1), 133(1),
142(1)
statutory penalty 3(1)
strip search
3(1)
suspect 25(2) and (3),
26(5), 73, 91(1), 92(1), 97(1), 115
target device
58(3)
target person 58(3)
target place
43(1), 44(1)
target thing
43(1), 44(1)
thing relevant to an offence 3(1)
unconditionally 125(1)
validation period
158(1)
vehicle 3(1), 18(1)
volunteer 79
WA Police
3(1)
© State of Western Australia 2023
.
This work is licensed under a Creative Commons Attribution 4.0 International
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the licence, visit www.legislation.wa.gov.au .
Attribute work as: © State
of Western Australia 2023
.
By Authority: GEOFF O. LAWN, Government Printer