Western Australian Repealed Acts

This legislation has been repealed.

CRIMINAL INVESTIGATION (EXCEPTIONAL POWERS) AND FORTIFICATION REMOVAL ACT 2002

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Meanings of terms used in this Act  
   4.      Section 4 offences  
   5.      Act not applicable to juveniles  
   6.      Delegation by Commissioner of Police  

   PART 2 -- Special commissioners  

   7.      Appointment of special commissioner  
   8.      Effect of appointment  

   PART 3 -- Basis for, and control of, use of powers  

   9.      Finding as to grounds for exercising Part 4 or 5 powers  
   10.     Special commissioner may limit exercise of powers  
   11.     Overseeing exercise of certain powers  

   PART 4 -- Examination before special commissioner  

           Division 1 -- Preliminary matters  

   12.     Scope of this PART  
   13.     Offences for which a person stands charged  

           Division 2 -- Proceedings before special commissioner  

   14.     Summoning witnesses to attend and produce things  
   15.     Disclosure of summons may be prohibited  
   16.     Witness to attend while required  
   17.     Power to examine on oath  
   18.     Affirmation instead of oath  
   19.     Legal representation  
   20.     Examination of witnesses  
   21.     Examination to be private  
   22.     Conduct of proceedings  
   23.     Arrest of witness failing to appear  
   24.     Appeal against apprehension  
   25.     Power of special commissioner in relation to things produced  
   26.     Records of investigation  
   27.     Witness protection arrangements  
   28.     Ancillary powers of special commissioner  

           Division 3 -- Contraventions and offences  

   29.     Proceedings for an offence  
   30.     Penalty for failing to attend or produce anything  
   31.     Penalty for failing to be sworn or to give evidence  
   32.     Offences of disclosure contrary to notation on summons  
   33.     Breaching privacy of proceedings  
   34.     Giving false testimony  
   35.     Bribery of witness  
   36.     Fraud on witness  
   37.     Destroying evidence  
   38.     Preventing witness from attending  
   39.     Injury to witness  
   40.     Dismissal by employers of witness  

           Division 4 -- Other matters  

   41.     Judicial supervision excluded  
   42.     Legal professional privilege  
   43.     Use of statements obtained  
   44.     Protection to special commissioner and others  
   45.     Proceedings for defamation not to lie  
   46.     Privilege, protection or immunity not limited or abridged  
   47.     Facilitating proof of certain things  

   PART 5 -- Entry, search, and related matters  

   48.     When this Part applies  
   49.     Enhanced power to enter, search, and detain  
   50.     Enhanced power to stop, detain, and search  
   51.     Provisions about searching a person  
   52.     Extension of power to search  
   53.     Things that have been seized  
   54.     Offences under this Part  
   55.     Report on use of powers under this Part  

   PART 6 -- Surveillance devices  

   56.     Enhanced powers concerning surveillance devices  

   PART 7 -- Fortifications  

   57.     Meaning of terms used in this Part  
   58.     Issuing fortification warning notice  
   59.     Contents of fortification warning notice  
   60.     Giving fortification warning notice  
   61.     Withdrawal notice  
   62.     Issuing fortification removal notice  
   63.     Contents of fortification removal notice  
   64.     Giving fortification removal notice  
   65.     Enforcing fortification removal notice  
   66.     Review of fortification removal notice  
   67.     Hindering removal or modification of fortifications  
   68.     Planning and other approval issues  
   69.     No compensation  
   70.     Protection from liability for wrongdoing  
   71.     Regulations  

   PART 8 -- Other provisions  

   72.     Freedom of Information Act 1992 amended  
   73.     Review of Act  
   74.     Parliamentary Supervisory Committee  
           SCHEDULE 1 -- Offences that may be relevant for this Act  
           Compilation table