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


CRIMINAL CODE AMENDMENT (COVID-19 RESPONSE) BILL 2020

                 Western Australia


Criminal Code Amendment (COVID-19
         Response) Bill 2020

                    Contents

1.   Short title                      2
2.   Commencement                     2
3.   Act amended                      2
4.   Section 318 amended              2
5.   Section 338B amended             3




                      177--1          page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY


      Criminal Code Amendment (COVID-19
               Response) Bill 2020

                               A Bill for


An Act to amend The Criminal Code in response to the COVID-19
pandemic.



The Parliament of Western Australia enacts as follows:




                                                          page 1
     Criminal Code Amendment (COVID-19 Response) Bill 2020



     s. 1




1    1.          Short title
2                This is the Criminal Code Amendment (COVID-19 Response)
3                Act 2020.

4    2.          Commencement
5                This Act comes into operation as follows --
6                 (a) sections 1 and 2 -- on the day on which this Act
7                       receives the Royal Assent (assent day);
8                 (b) sections 4(2) and 5(3) -- on the day after the period of
9                       12 months beginning on the day after assent day;
10                (c) the rest of the Act -- on the day after assent day.

11   3.          Act amended
12               This Act amends The Criminal Code.

13   4.          Section 318 amended
14        (1)    After section 318(1) insert:
15

16              (1A)   For the period of 12 months beginning on the day on
17                     which the Criminal Code Amendment (COVID-19
18                     Response) Act 2020 section 4(1) comes into operation,
19                     subsection (1) applies as if amended by inserting after
20                     paragraph (l) --
21

22                      (la)   to imprisonment for 10 years if --
23                                (i) at the commission of the offence the
24                                    offender knows that the offender has
25                                    COVID-19; or
26                               (ii) at or immediately before or immediately
27                                    after the commission of the offence the
28                                    offender makes a statement or does any



     page 2
                       Criminal Code Amendment (COVID-19 Response) Bill 2020



                                                                                    s. 5



1                                      other act that creates a belief, suspicion
2                                      or fear that the offender has COVID-19;
3                            or
4

5         (2)   Delete section 318(1A).

6    5.         Section 338B amended
7         (1)   In section 338B delete "Any person" and insert:
8

9               (1)   Any person
10

11        (2)   At the end of section 338B insert:
12

13              (2)   For the period of 12 months beginning on the day on
14                    which the Criminal Code Amendment (COVID-19
15                    Response) Act 2020 section 5(2) comes into operation,
16                    subsection (1) applies as if amended as follows --
17                      (a) after paragraph (a) insert:
18

19                    (aa)   where the threat is to injure, endanger or harm a
20                           person referred to in section 318(1)(d) to (k) by
21                           exposing the person to COVID-19, to
22                           imprisonment for 7 years;
23

24                     (b)   in the Summary conviction penalty
25                           paragraph (a) after "paragraph (a)" insert:
26

27                           or (aa)
28

29        (3)   Delete section 338B(2).

30



 


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