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


CRIMINAL CODE AMENDMENT BILL 2003

                       Western Australia


      Criminal Code Amendment Bill 2003

                          CONTENTS


       Part 1 -- Preliminary
1.     Short title                                         2
2.     Commencement                                        2
3.     The Criminal Code amended                           2
       Part 2 -- Amendments about child sex
            tourism
4.     Section 187 inserted                                3
5.     Sentence Administration Act 2003 consequentially
       amended                                             3
6.     Travel Agents Act 1985 consequentially amended      4
       Part 3 -- Amendments about public
            order
7.     Section 62 amended                                  7
8.     Section 68 replaced                                 7
9.     Section 69 amended                                  8
10.    Section 70 amended                                  8
11.    Section 71 replaced                                 9
12.    Section 72 amended                                  9
13.    Section 73 amended                                  9
14.    Section 74 amended                                 10
15.    Sections 174 and 175 repealed                      10
       Part 4 -- Amendment about infanticide
16.    Section 283 amended                                11




                             187--3                        page i
Criminal Code Amendment Bill 2003



Contents



           Part 5 -- Amendments about
                endangering life or health
   17.     Section 208 repealed                                   12
   18.     Sections 296 and 296A repealed                         12
   19.     Sections 298, 299 and 300 repealed                     12
   20.     Section 302 repealed                                   12
   21.     Sections 304 to 312 replaced by sections 304 and 305   12
   22.     Section 306 inserted                                   14
   23.     Section 595B inserted                                  16
   24.     Other Acts consequentially amended                     16
           Part 6 -- Amendments about sexual
                servitude
   25.     Sections 331A, 331B, 331C and 331D inserted            17
   26.     Other Acts consequentially amended                     19
           Part 7 -- Amendments about the
                summary trial of indictable
                offences
           Division 1 -- The Criminal Code amended
   27.     Section 1 amended                                      20
   28.     Section 3 replaced                                     20
   29.     Section 5 replaced                                     21
   30.     Section 360 amended                                    23
   31.     Section 361 amended                                    24
   32.     Section 369 amended                                    24
   33.     Section 426 amended                                    24
   34.     Section 426A repealed                                  25
   35.     Section 427 replaced                                   25
   36.     Section 433 repealed                                   26
   37.     Section 444 replaced                                   26
   38.     Chapter XLVII repealed                                 26
   39.     Section 552 replaced                                   27
   40.     Section 553 replaced                                   28
   41.     Sections 554 and 555 repealed                          29
   42.     Section 558 replaced                                   29
   43.     Section 559 repealed                                   30
   44.     Section 562 replaced                                   30
   45.     Section 563 repealed                                   31

page ii
                                Criminal Code Amendment Bill 2003



                                                         Contents



46.   Heading to Chapter LXI amended                        31
47.   Section 572 repealed                                  31
48.   Section 574 repealed                                  31
49.   Section 618 amended                                   31
50.   Section 673 repealed                                  31
      Division 2 -- Justices Act 1902 consequentially
            amended
51.   The Act amended by this Division                      32
52.   Section 97B amended                                   32
53.   Sections 98, 99 and 100 replaced                      32
54.   Section 101 amended                                   35
55.   Section 101A amended                                  35
56.   Section 107 inserted                                  35
57.   Section 137 amended                                   36
      Division 3 -- Consequential amendments
58.   Other Acts consequentially amended                    36
      Part 8 -- Other amendments
59.   Section 81 replaced                                   37
60.   Section 215 inserted                                  38
61.   Amendments about masters etc. and consequential
      amendment to the Evidence Act 1906                    39
62.   Section 321 amended                                   39
63.   Section 354 amended                                   40
64.   Section 370 amended                                   41
65.   Section 399A repealed                                 41
66.   Section 401 amended                                   41
67.   Section 407 amended                                   42
68.   Section 414 amended                                   42
69.   Sections 436 and 437 replaced                         43
70.   Section 570B amended                                  44
71.   Heading to Chapter LXI amended                        44
72.   Section 584 amended                                   44
73.   Section 596 amended                                   45
74.   Section 599 amended                                   45
75.   Section 635 replaced                                  45
76.   Section 635A amended                                  47




                                                          page iii
Criminal Code Amendment Bill 2003



Contents



           Schedule 1 -- Amendments
               consequential on Part 5
   1.      Bail Act 1982 amended                               48
   2.      Corruption and Crime Commission Act 2003 amended    48
   3.      Criminal Law (Mentally Impaired Defendants) Act
           1996 amended                                        49
   4.      Evidence Act 1906 amended                           49
   5.      Young Offenders Act 1994 amended                    50
           Schedule 2 -- Amendments
               consequential on Part 6
   1.      Bail Act 1982 amended                               51
   2.      Criminal Law (Mentally Impaired Defendants) Act
           1996 amended                                        51
   3.      Evidence Act 1906 amended                           52
   4.      Young Offenders Act 1994 amended                    52
           Schedule 3 -- Amendments
               consequential on Part 7
   1.      Bail Act 1982 amended                               54
   2.      Biological Control Act 1986 amended                 54
   3.      Bush Fires Act 1954 amended                         55
   4.      Children's Court of Western Australia Act 1988
           amended                                             55
   5.      Companies (Co-operative) Act 1943 amended           57
   6.      Coroners Act 1996 amended                           58
   7.      Court Security and Custodial Services Act 1999
           amended                                             59
   8.      Criminal Code Act 1913 amended                      59
   9.      Criminal Law (Mentally Impaired Defendants) Act
           1996 amended                                        60
   10.     Electoral Act 1907 amended                          60
   11.     Evidence Act 1906 amended                           60
   12.     Fair Trading Act 1987 amended                       61
   13.     Family Court Act 1997 amended and consequential
           amendment to Sentencing Legislation Amendment and
           Repeal Act 2003                                     61
   14.     Firearms Act 1973 amended                           62
   15.     Gold Corporation Act 1987 amended                   63


page iv
                                 Criminal Code Amendment Bill 2003



                                                             Contents



16.   Guardianship and Administration Act 1990 amended         64
17.   Interpretation Act 1984 amended                          65
18.   Misuse of Drugs Act 1981 amended                         65
19.   National Crime Authority (State Provisions) Act 1985
      amended                                                  69
20.   Offshore Minerals Act 2003 amended                       70
21.   Petroleum Act 1967 amended                               70
22.   Petroleum Pipelines Act 1969 amended                     71
23.   Petroleum (Submerged Lands) Act 1982 amended             71
24.   Police Act 1892 amended                                  72
25.   Port Authorities Act 1999 amended                        72
26.   Prostitution Act 2000 amended                            72
27.   Road Traffic Act 1974 amended                            73
28.   Securities Industry Act 1975 amended                     74
29.   Sentencing Act 1995 amended                              74
30.   Statutory Corporations (Liability of Directors) Act
      1996 amended                                             74
31.   Western Australian Marine (Sea Dumping) Act 1981
      amended                                                  74
32.   Witness Protection (Western Australia) Act 1996
      amended                                                  75




                                                              page v
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                      (As amended in Committee)


        Criminal Code Amendment Bill 2003


                               A Bill for


An Act to amend The Criminal Code and to consequentially amend
various other Acts.



The Parliament of Western Australia enacts as follows:




                                                          page 1
     Criminal Code Amendment Bill 2003
     Part 1         Preliminary

     s. 1



                            Part 1 -- Preliminary
     1.       Short title
              This Act may be cited as the Criminal Code Amendment
              Act 2003.

5    2.       Commencement
              This Act comes into operation on the 28th day after the day on
              which it receives the Royal Assent.

     3.       The Criminal Code amended
              The amendments in this Act are to The Criminal Code* unless
10            otherwise indicated.
              [* Reprint 10 as at 7 February 2003 (see the Schedule to the
                 Criminal Code Act 1913 appearing as Appendix B to the
                 Criminal Code Act Compilation Act 1913).]




     page 2
                                          Criminal Code Amendment Bill 2003
                              Amendments about child sex tourism     Part 2

                                                                                 s. 4



            Part 2 -- Amendments about child sex tourism
     4.         Section 187 inserted
                After section 186 the following section is inserted --
     "
5           187.      Facilitating sexual offences against children outside
                      Western Australia
                (1)   In this section --
                      "prohibited conduct" means --
                          (a) the doing of an act in a place outside
10                             Western Australia in respect of a child under
                               the age of 16 years which if done in Western
                               Australia would constitute an offence under
                               Chapter XXXI; or
                          (b) the commission of an offence under
15                             Part IIIA Division 2 of the Crimes Act 1914
                               of the Commonwealth.
                (2)   A person --
                       (a) who does any act for the purpose of enabling or
                             aiding another person;
20                     (b) who aids another person; or
                       (c) who counsels or procures another person,
                      to engage in prohibited conduct is guilty of a crime and
                      is liable to imprisonment for 20 years.
                                                                                  ".

25   5.         Sentence Administration Act 2003 consequentially amended
          (1)   The amendments in this section are to the Sentence
                Administration Act 2003*.
                [*Act No. 49 of 2003.]



                                                                           page 3
     Criminal Code Amendment Bill 2003
     Part 2         Amendments about child sex tourism

     s. 6



          (2)   Schedule 2 is amended as follows --
                  (a) by deleting "chapters" and inserting instead --
                       " provisions ";
                 (b) by inserting after paragraph (h) the following
5                      paragraph --
                    "
                         (i)   Section 187 -- Facilitating sexual offences
                               against children outside Western Australia.
                                                                               ".
10   6.         Travel Agents Act 1985 consequentially amended
          (1)   The amendments in this section are to the Travel Agents
                Act 1985*.
                [* Reprinted as at 22 April 1997.
                   For subsequent amendments see 2001 Index to Legislation of
15                 Western Australia, Table 1, p. 388.]
          (2)   After section 12(2)(b) the following paragraph is inserted --
                    "
                        (ba)   the individual has been found guilty of an
                               offence under section 187 of The Criminal
20                             Code or section 50DA or 50DB of the Crimes
                               Act 1914 of the Commonwealth;
                                                                               ".
          (3)   Section 12(4) is amended as follows:
                  (a) after paragraph (g) by deleting "or";
25               (b) after paragraph (h) by deleting the full stop and inserting
                       instead --
                       " ; or ";




     page 4
                                                     Criminal Code Amendment Bill 2003
                                         Amendments about child sex tourism     Part 2

                                                                                    s. 6



                  (c)        after paragraph (h) by inserting the following
                             paragraph --
                        "
                              (i)   the body corporate, or any person referred to in
5                                   paragraph (e), (g) or (h), has been found guilty
                                    of an offence under section 187 of The
                                    Criminal Code or section 50DA or 50DB of the
                                    Crimes Act 1914 of the Commonwealth.
                                                                                        ".
10   (4)        After section 21(4) the following subsection is inserted --
           "
               (4a)         If it appears to the Chairman, whether or not as a result
                            of an objection lodged under subsection (1), that there
                            are grounds for believing that a licensee has been found
15                          guilty of an offence under section 187 of The Criminal
                            Code or section 50DA or 50DB of the Crimes Act 1914
                            of the Commonwealth, the Chairman shall arrange for
                            the Tribunal to hold an inquiry into the truth of the
                            matter.
20                                                                                      ".
     (5)        Section 21(6) is amended by inserting after "subsection (4)" --
                " or (4a)           ".
     (6)        After section 22(1) the following subsection is inserted --
           "
25             (1a)         If after holding an inquiry in relation to a licence the
                            Tribunal is satisfied that the licensee has been found
                            guilty of an offence under section 187 of The Criminal
                            Code or section 50DA or 50DB of the Crimes Act 1914
                            of the Commonwealth it --
30                            (a) shall, under subsection (1)(e), disqualify the
                                     licensee permanently --
                                        (i) from being a licensee;


                                                                                 page 5
     Criminal Code Amendment Bill 2003
     Part 2         Amendments about child sex tourism

     s. 6



                              (ii)   from being concerned in the direction,
                                     management or conduct of the business
                                     of a travel agent; and
                             (iii)   from being an officer of a body
5                                    corporate that is a licensee;
                             and
                       (c)   may, in addition and subject to subsection (4),
                             take any one or more of the other courses of
                             action described in subsection (1).
10                                                                             ".
        (7)   Section 30(1) is amended as follows:
                (a) by deleting "or" after paragraph (d);
               (b) by inserting after paragraph (d) the following
                     paragraph --
15                "
                      (da)   has been found guilty of an offence under
                             section 187 of The Criminal Code or section
                             50DA or 50DB of the Crimes Act 1914 of the
                             Commonwealth; or
20                                                                             ".




     page 6
                                          Criminal Code Amendment Bill 2003
                                   Amendments about public order     Part 3

                                                                               s. 7



            Part 3 -- Amendments about public order
     7.         Section 62 amended
                Section 62 is amended as follows:
                  (a) in the first paragraph by inserting before "When" the
5                      subsection designation "(1)";
                 (b) in the second paragraph by inserting before "It is" the
                       subsection designation "(2)";
                  (c) in the third paragraph by inserting before "An assembly"
                       the subsection designation "(3)";
10               (d) in the third paragraph by deleting "break and";
                  (e) in the fourth paragraph by inserting before "When" the
                       subsection designation "(4)".

     8.         Section 68 replaced
                Section 68 is repealed and the following section is inserted
15              instead --
     "
          68.         Being armed in a way that may cause fear
                (1)   A person who is or pretends to be armed with any
                      dangerous or offensive weapon or instrument in
20                    circumstances that are likely to cause fear to any
                      person is guilty of a crime and is liable to
                      imprisonment for 7 years.
                      Summary conviction penalty: imprisonment for 3 years
                          or a fine of $12 000.
25              (2)   It is a defence to a charge under subsection (1) to prove
                      that the accused person had lawful authority to be so
                      armed in such circumstances.




                                                                           page 7
     Criminal Code Amendment Bill 2003
     Part 3         Amendments about public order

     s. 9



              (3)       A court that convicts a person of an offence under
                        subsection (1) may make an order for the forfeiture to
                        the Crown, or the destruction or disposal, of the thing
                        in respect of which the offence was committed.
5                                                                                  ".
     9.       Section 69 amended
              Section 69 is amended as follows:
                (a) in the first paragraph by inserting before "Any person"
                     the subsection designation "(1)";
10             (b) in the first paragraph by deleting "misdemeanour" and
                     inserting instead --
                     " crime ";
                (c) in the first paragraph by deleting "one year" and
                     inserting instead --
15                   " 2 years ";
               (d) by inserting at the foot of the first paragraph --
              "
                        Summary conviction penalty: $6 000.
                                                                                   ";
20                (e)    in the second paragraph by inserting before "It is" the
                         subsection designation "(2)".
     10.      Section 70 amended
              Section 70 is amended as follows:
                (a) by deleting "misdemeanour" and inserting instead --
25                   " crime ";
                (b) by deleting "one year" and inserting instead --
                     " 2 years ";
                (c) by inserting at the foot of the section --
              "
30                  Summary conviction penalty: $6 000.
                                                                                   ".

     page 8
                                               Criminal Code Amendment Bill 2003
                                        Amendments about public order     Part 3

                                                                                  s. 11



     11.         Section 71 replaced
                 Section 71 is repealed and the following section is inserted
                 instead --
     "
5          71.             Fighting in public causing fear
                           A person who in, or in view of, a public place takes
                           part in a fight with another person in circumstances that
                           are likely to cause fear to any person is guilty of a
                           crime, and is liable to imprisonment for 2 years.
10                         Summary conviction penalty: $6 000.
                                                                                       ".
     12.         Section 72 amended
                 Section 72 is amended as follows:
                     (a)    by deleting "misdemeanour" and inserting instead --
15                          " crime ";
                     (b)    by deleting "3 years" and inserting instead --
                            " 2 years ";
                     (c)    by inserting at the foot of the section --
                 "
20                         Summary conviction penalty: $6 000.
                                                                                       ".

     13.         Section 73 amended
                 Section 73 is amended as follows:
                   (a) by deleting "misdemeanour" and inserting instead --
25                      " crime ";
                  (b) by deleting "one year" and inserting instead --
                        " 2 years ";




                                                                                page 9
     Criminal Code Amendment Bill 2003
     Part 3         Amendments about public order

     s. 14



                   (c)    by inserting at the foot of the section --
               "
                         Summary conviction penalty: $6 000.
                                                                            ".

5    14.       Section 74 amended
               Section 74 is amended as follows:
                 (a) by deleting "misdemeanour" and inserting instead --
                      " crime ";
                (b) by deleting "one year" and inserting instead --
10                    " 3 years ";
                 (c) by deleting the paragraph beginning with "If the
                      offence";
                   (d)    by inserting at the foot of the section --
               "
15                       Summary conviction penalty: imprisonment for one
                            year or a fine of $4 000.
                                                                            ".

     15.       Sections 174 and 175 repealed
               Sections 174 and 175 are repealed.




     page 10
                                       Criminal Code Amendment Bill 2003
                                  Amendment about infanticide     Part 4

                                                                          s. 16



               Part 4 -- Amendment about infanticide
     16.   Section 283 amended
           Section 283 is amended by deleting "where the person is
           convicted of an offence under this section upon an indictment
5          charging her with the crime of infanticide," and inserting
           instead --
           "
                  if the person commits the offence in circumstances
                  that, had the other person died, would constitute the
10                crime of infanticide,
                                                                            ".




                                                                      page 11
     Criminal Code Amendment Bill 2003
     Part 5         Amendments about endangering life or health

     s. 17



             Part 5 -- Amendments about endangering life
                            or health
     17.       Section 208 repealed
               Section 208 is repealed.

5    18.       Sections 296 and 296A repealed
               Sections 296 and 296A are repealed.

     19.       Sections 298, 299 and 300 repealed
               Sections 298, 299 and 300 are repealed.

     20.       Section 302 repealed
10             Section 302 is repealed.

     21.       Sections 304 to 312 replaced by sections 304 and 305
               Sections 304 to 312 are repealed and the following sections are
               inserted instead --
     "
15           304.    Acts or omissions causing bodily harm or danger
               (1)   If a person omits to do any act that it is the person's
                     duty to do, or unlawfully does any act, as a result of
                     which --
                       (a) bodily harm is caused to any person; or
20                     (b) the life, health or safety of any person is or is
                              likely to be endangered,
                     the person is guilty of a crime and is liable to
                     imprisonment for 5 years.
                     Summary conviction penalty: imprisonment for 2 years
25                       or a fine of $8 000.




     page 12
                                 Criminal Code Amendment Bill 2003
             Amendments about endangering life or health    Part 5

                                                                         s. 21



       (2)   If a person, with an intent to harm, omits to do any act
             that it is the person's duty to do, or does any act, as a
             result of which --
               (a) bodily harm is caused to any person; or
5              (b) the life, health or safety of any person is or is
                       likely to be endangered,
             the person is guilty of a crime and is liable to
             imprisonment for 20 years.
       (3)   For the purposes of subsection (2) an intent to harm is
10           an intent to --
               (a) unlawfully cause bodily harm to any person;
               (b) unlawfully endanger the life, health or safety
                     of, any person;
               (c) induce any person to deliver property to another
15                   person;
               (d) gain a benefit, pecuniary or otherwise, for any
                     person;
               (e) cause a detriment, pecuniary or otherwise, to
                     any person;
20              (f) prevent or hinder the doing of an act by a
                     person who is lawfully entitled to do that act; or
               (g) compel the doing of an act by a person who is
                     lawfully entitled to abstain from doing that act.

     305.    Setting dangerous things for people
25     (1)   In this section --
             "dangerous thing" means any article, device,
                  substance, or thing, that by reason of its nature
                  (whether chemical, electrical, electronic,
                  mechanical, or otherwise), situation, operation or
30                condition, may endanger the life, health or safety
                  of a person (whether a particular person or not);


                                                                  page 13
     Criminal Code Amendment Bill 2003
     Part 5         Amendments about endangering life or health

     s. 22



                     "set" includes construct and place.
               (2)   For the purposes of subsections (3) and (4), a person
                     wilfully sets a dangerous thing if the person sets the
                     thing --
5                      (a) intending that the thing will kill or cause
                             grievous bodily harm to a person; or
                       (b) knowing or believing that the thing is likely to
                             kill or cause grievous bodily harm to a person.
               (3)   A person who wilfully sets a dangerous thing is guilty
10                   of a crime and is liable to imprisonment for 3 years.
                     Summary conviction penalty: imprisonment for one
                          year or a fine of $4 000.
               (4)   A person who, knowing that a dangerous thing has
                     been wilfully set by another person, does not take
15                   reasonable measures to make the thing harmless is
                     guilty of a crime and is liable to imprisonment for
                     3 years.
                     Summary conviction penalty: imprisonment for one
                         year or a fine of $4 000.
20             (5)   A person is not criminally responsible under this
                     section for an act or omission in respect of a dangerous
                     thing set at night in a dwelling for the protection of the
                     occupants of the dwelling.
                                                                                  ".

25   22.       Section 306 inserted
               Before section 313 the following section is inserted in
               Chapter XXIX --
     "
             306.    Female genital mutilation
30             (1)   In this section --
                     "child" means a person under the age of 18 years;

     page 14
                               Criminal Code Amendment Bill 2003
           Amendments about endangering life or health    Part 5

                                                                    s. 22



           "female genital mutilation" means --
               (a) the excision or mutilation of the whole or a
                     part of the clitoris, the labia minora, the labia
                     majora, or any other part of the female
5                    genital organs;
               (b) infibulation or any procedure that involves
                     the sealing or suturing together of the labia
                     minora or the labia majora; or
               (c) any procedure to narrow or close the vaginal
10                   opening,
               but does not include --
               (d) a reassignment procedure within the
                     meaning of the Gender Reassignment
                     Act 2000 carried out on a person's genitals
15                   by a medical practitioner within the meaning
                     of the Health Act 1911; or
               (e) a medical procedure carried out for proper
                     medical purposes.
     (2)   A person who performs female genital mutilation on
20         another person is guilty of a crime and is liable to
           imprisonment for 20 years.
     (3)   It is not a defence to a charge under subsection (2) that
           the other person, or a parent or guardian of the other
           person, consented to the mutilation.
25   (4)   A person who takes a child from Western Australia, or
           arranges for a child to be taken from Western
           Australia, with the intention of having the child
           subjected to female genital mutilation is guilty of a
           crime and is liable to imprisonment for 10 years.
30   (5)   In proceedings for an offence under subsection (4),
           proof that --
             (a) the accused person took a child, or arranged for
                   a child to be taken from Western Australia; and

                                                                 page 15
     Criminal Code Amendment Bill 2003
     Part 5         Amendments about endangering life or health

     s. 23



                      (b)    the child, while out of Western Australia, was
                             subjected to female genital mutilation,
                     is proof, in the absence of evidence to the contrary, that
                     the accused person took the child, or arranged for the
5                    child to be taken, from Western Australia, as the case
                     may be, with the intention of having the child subjected
                     to female genital mutilation.
                                                                                  ".

     23.       Section 595B inserted
10             After section 595A the following section is inserted --
     "
             595B.   Setting dangerous things for people: alternative
                     verdict
                     Upon an indictment charging a person with a crime
15                   under section 305(3), the person may be convicted of a
                     crime under section 305(4) if that crime is established
                     by the evidence.
                                                                                  ".

     24.       Other Acts consequentially amended
20             Schedule 1 has effect.




     page 16
                                        Criminal Code Amendment Bill 2003
                            Amendments about sexual servitude      Part 6

                                                                          s. 25



           Part 6 -- Amendments about sexual servitude
     25.     Sections 331A, 331B, 331C and 331D inserted
             After section 331 the following sections are inserted in
             Chapter XXXI --
5    "
           331A.   Interpretation for s. 331B to 331D
                   In sections 331B to 331D --
                   "child" means a person under the age of 18 years;
                   "sexual service" means the use or display of the body
10                     of the person providing the service for the sexual
                       arousal or sexual gratification of others;
                   "incapable person" has the meaning given by
                       section 330(1).

           331B.   Sexual servitude
15                 A person who compels another person to provide or to
                   continue to provide a sexual service is guilty of a crime
                   and is liable --
                     (a) if the other person is a child or an incapable
                            person, to imprisonment for 20 years; or
20                   (b) otherwise, to imprisonment for 14 years.

           331C.   Conducting business involving sexual servitude
             (1)   In this section --
                   "conducting a business" includes --
                       (a) taking part in the management of the
25                          business;
                       (b) exercising control or direction over the
                            business; and
                       (c) providing finance for the business.



                                                                        page 17
     Criminal Code Amendment Bill 2003
     Part 6         Amendments about sexual servitude

     s. 25



               (2)   A person who conducts a business that involves any
                     other person being compelled to provide or to continue
                     to provide a sexual service is guilty of a crime and is
                     liable --
5                       (a) if the other person is a child or an incapable
                             person, to imprisonment for 20 years; or
                       (b) otherwise, to imprisonment for 14 years.

             331D.   Deceptive recruiting for commercial sexual services
               (1)   A person who --
10                    (a) offers a person who is neither a child nor an
                            incapable person (the "victim") employment or
                            some other form of engagement to provide
                            personal services;
                      (b) at the time of making the offer knows --
15                             (i) that the victim will in the course of or in
                                     connection with the employment or
                                     engagement be asked or expected to
                                     provide a commercial sexual service;
                                     and
20                            (ii) that the continuation of the employment
                                     or engagement, or the victim's
                                     advancement in the employment or
                                     engagement, will be dependent on the
                                     victim's preparedness to provide a
25                                   commercial sexual service;
                            and
                      (c) does not disclose that knowledge to the victim
                            at the time of making the offer,
                     is guilty of a crime and is liable to imprisonment for 7
30                   years.




     page 18
                                      Criminal Code Amendment Bill 2003
                          Amendments about sexual servitude      Part 6

                                                                          s. 26



           (2)   A person who --
                  (a) offers a child or an incapable person (the
                        "victim") employment or some other form of
                        engagement to provide personal services; and
5                 (b) at the time of making the offer knows --
                          (i) that the victim will in the course of or in
                               connection with the employment or
                               engagement be asked or expected to
                               provide a sexual service; and
10                       (ii) that the continuation of the employment
                               or engagement, or the victim's
                               advancement in the employment or
                               engagement, will be dependent on the
                               victim's preparedness to provide a
15                             sexual service,
                 is guilty of a crime and is liable to imprisonment for
                 20 years.
                                                                            ".

     26.   Other Acts consequentially amended
20         Schedule 2 has effect.




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     Division 1     The Criminal Code amended
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           Part 7 -- Amendments about the summary trial of
                        indictable offences
                       Division 1 -- The Criminal Code amended
     27.         Section 1 amended
5                Section 1(1) is amended by deleting the definition of the term
                 "indictable offence".

     28.         Section 3 replaced
                 Section 3 is repealed and the following section is inserted
                 instead --
10   "
            3.          Indictable offences, general provisions as to
                 (1)    This section applies to offences in this Code and in any
                        other written law.
                 (2)    An indictable offence is triable only on indictment,
15                      unless this Code or another written law expressly
                        provides otherwise.
                 (3)    A prosecution for an indictable offence, whether or not
                        it may be tried summarily, may be commenced at any
                        time, unless this Code or another written law expressly
20                      provides otherwise.
                 (4)    Section 51 of the Justices Act 1902 does not apply to a
                        complaint of an indictable offence, unless another
                        written law expressly provides otherwise.
                 (5)    If a person is convicted by a court of petty sessions of
25                      an indictable offence, the conviction is to be regarded
                        as being a conviction of a simple offence only.
                                                                                   ".




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                                    The Criminal Code amended        Division 1
                                                                          s. 29



     29.          Section 5 replaced
                  Section 5 is repealed and the following section is inserted
                  instead --
     "
5            5.         "Summary conviction penalty", meaning and effect
                  (1)   This section applies if --
                         (a) a provision of this Code, or another written law,
                                provides a summary conviction penalty for an
                                indictable offence; and
10                       (b) a person (the "defendant") is charged before a
                                court of petty sessions (the "court") with
                                committing the indictable offence in
                                circumstances where the summary conviction
                                penalty applies to the offence (the "charge").
15                (2)   Despite section 3(2), the court is to try the charge
                        summarily unless --
                          (a) on an application made by the prosecutor or the
                               defendant before the defendant pleads to the
                               charge, the court decides under subsection (3)
20                             that the charge is to be tried on indictment; or
                          (b) this Code or another written law expressly
                               provides to the contrary.
                  (3)   The court may decide the charge is to be tried on
                        indictment if and only if it considers --
25                        (a) that the circumstances in which the offence was
                               allegedly committed are so serious that, if the
                               defendant were convicted of the offence, the
                               court would not be able to adequately punish
                               the defendant;
30                        (b) that the charge forms part of a course of
                               conduct during which other offences were
                               allegedly committed by the defendant and the


                                                                            page 21
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     Part 7         Amendments about the summary trial of indictable offences
     Division 1     The Criminal Code amended
     s. 29



                            defendant is to be tried on indictment for one or
                            more of those other offences;
                      (c)   that a co-accused of the defendant is to be tried
                            on indictment;
5                     (d)   that the charge forms part of a course of
                            conduct during which other offences were
                            allegedly committed by the defendant and
                            others and the defendant or one of the others is
                            to be tried on indictment for one or more of
10                          those other offences; or
                      (e)   that the interests of justice require that the
                            charge be dealt with on indictment.
               (4)   For the purposes of making a decision under
                     subsection (3) the court --
15                     (a) may require the prosecutor to provide any
                             information the court needs and may hear
                             submissions from both the prosecutor and the
                             defendant; and
                       (b) may adjourn the proceedings.
20             (5)   If under subsection (3) the court decides that the charge
                     is to be tried on indictment the court shall --
                        (a) give reasons for the decision; and
                       (b) deal with the defendant in accordance with
                              Part V of the Justices Act 1902.
25             (6)   A decision cannot be made under subsection (3) after
                     the defendant has pleaded to the charge.
               (7)   A decision made under subsection (3) is final and
                     cannot be appealed.
               (8)   If the court convicts the defendant of the offence
30                   charged (whether after a plea of guilty or otherwise),
                     the defendant is liable to the summary conviction



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                                    The Criminal Code amended        Division 1
                                                                          s. 30



                          penalty provided for the offence, unless the court
                          commits the defendant for sentence.
                (9)       If the court --
                            (a) convicts the defendant of the offence charged
5                                 after a plea of guilty; and
                            (b) considers that any sentence the court could
                                  impose on the defendant for the offence would
                                  not be commensurate with the seriousness of
                                  the offence,
10                        the court may commit the defendant to a court of
                          competent jurisdiction for sentence.
               (10)       A defendant who is committed for sentence under
                          subsection (9) is liable to the penalty with which the
                          offence is punishable on indictment.
15             (11)       For the purposes of this section and of any summary
                          trial of the charge, the court must be constituted by a
                          magistrate alone, or if there is no magistrate and the
                          defendant consents, by 2 justices.
                                                                                     ".

20   30.        Section 360 amended
                Section 360 is amended as follows:
                    (a)    in the first paragraph by deleting "$600" and inserting
                           instead --
                           " $4 000 ";
25                  (b)    by inserting at the foot of the first paragraph --
                "
                          Summary conviction penalty: a fine of $1 000.
                                                                                     ";
                    (c)    in the second paragraph by deleting "$1 000" and
30                         inserting instead --
                           " $8 000 ";

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     Division 1     The Criminal Code amended
     s. 31



                   (d)    by inserting at the foot of the second paragraph --
               "
                         Summary conviction penalty: $2 000.
                                                                                   ".

5    31.       Section 361 amended
               Section 361 is amended as follows:
                 (a) by deleting "$1 000" and inserting instead --
                      " $8 000 ";
                (b) by inserting at the foot of the section --
10             "
                         Summary conviction penalty: $2 000.
                                                                                   ".

     32.       Section 369 amended
               Section 369 is amended by deleting the first paragraph.

15   33.       Section 426 amended
               Section 426(2), (2a), (3) and (4) are repealed and the following
               subsections are inserted instead --
           "
               (2)       Summary conviction penalty: for an offence to which
20                       this subsection applies where the value of the property
                         in question does not exceed $10 000, unless
                         subsection (4) applies -- imprisonment for 2 years or a
                         fine of $8 000.
               (3)       Summary conviction penalty: for an offence --
25                        (a) under section 378 or 414; or
                          (b) of attempting to commit, or inciting another
                              person to commit, an offence under section 378
                              or 414,



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                                    The Criminal Code amended        Division 1
                                                                          s. 34



                      where the property in question is a motor vehicle,
                      unless subsection (4) applies -- imprisonment for 2
                      years or a fine of $8 000.
                (4)   Summary conviction penalty: for an offence --
5                       (a)   under section 378, 382, 383, 388 or 414; or
                        (b)   of attempting to commit, or inciting another
                              person to commit, an offence under
                              section 378, 382, 383, 388 or 414,
                      where the value of the property in question does not
10                    exceed $1 000 -- a fine of $2 000.
                                                                                ".

     34.        Section 426A repealed
                Section 426A is repealed.

     35.        Section 427 replaced
15              Section 427 is repealed and the following section is inserted
                instead --
     "
             427.     Summary conviction penalty for certain offences of
                      a fraudulent nature
20                    Summary conviction penalty: for an offence under
                      section 381, 384, 385, 386, 387, 389 or 390 --
                        (a) if the offence is punishable on indictment with
                              imprisonment for one year or less -- a fine of
                              $2 000;
25                      (b) if the offence is punishable on indictment with
                              imprisonment for over one year but not more
                              than 2 years -- imprisonment for one year or a
                              fine of $4 000;




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     Division 1     The Criminal Code amended
     s. 36



                      (c)   if the offence is punishable on indictment with
                            imprisonment for more than 2 years --
                            imprisonment for 2 years or a fine of $8 000.
                                                                                ".

5    36.       Section 433 repealed
               Section 433 is repealed.

     37.       Section 444 replaced
               Section 444 is repealed and the following section is inserted
               instead --
10   "
           444.     Criminal damage
                    Any person who wilfully and unlawfully destroys or
                    damages any property is guilty of a crime and is
                    liable --
15                     (a) if the property is destroyed or damaged by fire,
                             to imprisonment for 14 years; or
                      (b) in any other case, to imprisonment for 10 years.
                    Summary conviction penalty: for an offence where --
                          (a) the property is not destroyed or damaged by
20                              fire; and
                          (b) the amount of the injury done does not
                                exceed $25 000,
                        imprisonment for 3 years or a fine of $12 000.
                                                                                ".

25   38.       Chapter XLVII repealed
               Chapter XLVII is repealed.




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           Amendments about the summary trial of indictable offences     Part 7
                                    The Criminal Code amended        Division 1
                                                                          s. 39



     39.        Section 552 replaced
                Section 552 is repealed and the following section is inserted
                instead --
     "
5            552.     Attempts to commit indictable offences
                (1)   Any person who attempts to commit an indictable
                      offence (the "principal offence") is guilty of --
                        (a) a crime if the principal offence is a crime; or
                        (b) a misdemeanour if the principal offence is a
10                           misdemeanour.
                (2)   A person guilty of a crime or misdemeanour under
                      subsection (1) is liable --
                        (a) if the principal offence is punishable on
                               indictment with imprisonment for life -- to
15                             imprisonment for 14 years;
                        (b) in any other case -- to half of the penalty with
                               which the principal offence is punishable on
                               indictment.
                      Summary conviction penalty: for an offence where the
20                        principal offence may be dealt with summarily, the
                          lesser of --
                           (a)     the penalty with which the principal offence
                                   is punishable on summary conviction; or
                           (b)     the penalty that is half of the penalty with
25                                 which the principal offence is punishable
                                   on indictment.
                (3)   The summary conviction penalty in subsection (2) does
                      not apply to an offence to which section 426 applies.
                                                                                  ".




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     Part 7         Amendments about the summary trial of indictable offences
     Division 1     The Criminal Code amended
     s. 40



     40.       Section 553 replaced
               Section 553 is repealed and the following section is inserted
               instead --
     "
5          553.      Incitement to commit indictable offences
               (1)   Any person who, intending that an indictable offence
                     (the "principal offence") be committed, incites
                     another person to commit the principal offence, is
                     guilty of --
10                     (a) a crime if the principal offence is a crime; or
                       (b) a misdemeanour if the principal offence is a
                             misdemeanour.
               (2)   A person guilty of a crime or misdemeanour under
                     subsection (1) is liable --
15                     (a) if the principal offence is punishable on
                              indictment with imprisonment for life -- to
                              imprisonment for 14 years;
                       (b) in any other case -- to half of the penalty with
                              which the principal offence is punishable on
20                            indictment.
                     Summary conviction penalty: for an offence where the
                         principal offence may be dealt with summarily, the
                         lesser of --
                          (a)     the penalty with which the principal offence
25                                is punishable on summary conviction; or
                          (b)     the penalty that is half of the penalty with
                                  which the principal offence is punishable
                                  on indictment.
               (3)   The summary conviction penalty in subsection (2) does
30                   not apply to an offence to which section 426 applies.
                                                                                 ".



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                                    The Criminal Code amended        Division 1
                                                                          s. 41



     41.        Sections 554 and 555 repealed
                Sections 554 and 555 are repealed.

     42.        Section 558 replaced
                Section 558 is repealed and the following section is inserted
5               instead --
     "
             558.     Conspiracy to commit indictable offences
                (1)   Any person who conspires with another person --
                       (a) to commit an indictable offence (the "principal
10                           offence"); or
                       (b) to do any act or make any omission in any part
                             of the world which, if done or made in Western
                             Australia, would be an indictable offence (the
                             "principal offence") and which is an offence
15                           under the laws in force in the place where it is
                             proposed to be done or made,
                      is guilty of --
                         (c) a crime if the principal offence is a crime; or
                        (d) a misdemeanour if the principal offence is a
20                             misdemeanour.
                (2)   A person guilty of a crime or misdemeanour under
                      subsection (1) is liable --
                        (a) if the principal offence is punishable on
                             indictment with imprisonment for life -- to
25                           imprisonment for 14 years;
                        (b) in any other case -- to half of the penalty with
                             which the principal offence is punishable on
                             indictment.




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     Division 1     The Criminal Code amended
     s. 43



                     Summary conviction penalty: for an offence where the
                        principal offence may be dealt with summarily --
                        the penalty with which the principal offence is
                        punishable on summary conviction.
5              (3)   Without limiting subsection (1), the application of
                     subsection (1) extends to a conspiracy under which an
                     offence is to be committed, or an act or omission done
                     or made, by a person other than the persons conspiring
                     with each other.
10                                                                              ".

     43.       Section 559 repealed
               Section 559 is repealed.

     44.       Section 562 replaced
               Section 562 is repealed and the following section is inserted
15             instead --
     "
           562.      Accessories after the fact to indictable offences
               (1)   Any person who becomes an accessory after the fact to
                     an indictable offence (the "principal offence") is
20                   guilty of --
                       (a) a crime if the principal offence is a crime; or
                       (b) a misdemeanour if the principal offence is a
                             misdemeanour.
               (2)   A person guilty of a crime or misdemeanour under
25                   subsection (1) is liable --
                       (a) if the principal offence is punishable on
                            indictment with imprisonment for life -- to
                            imprisonment for 14 years;
                       (b) in any other case -- to half of the penalty with
30                          which the principal offence is punishable on
                            indictment.

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                                    The Criminal Code amended        Division 1
                                                                          s. 45



                      Summary conviction penalty: for an offence where the
                         principal offence may be dealt with summarily, the
                         lesser of --
                          (a) the penalty with which the principal offence
5                              is punishable on summary conviction; or
                          (b) the penalty that is half of the penalty with
                               which the principal offence is punishable on
                               indictment.
                                                                              ".
10   45.        Section 563 repealed
                Section 563 is repealed.
     46.        Heading to Chapter LXI amended
                The heading to Chapter LXI is amended by deleting
                ": Preliminary proceedings".
15   47.        Section 572 repealed
                Section 572 is repealed.
     48.        Section 574 repealed
                Section 574 is repealed.
     49.        Section 618 amended
20              Section 618(3) is amended by deleting "section 100(1)" and
                inserting instead --
                "   section 100(3)   ".

     50.        Section 673 repealed
                Section 673 is repealed.




                                                                       page 31
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     Part 7         Amendments about the summary trial of indictable offences
     Division 2     Justices Act 1902 consequentially amended
     s. 51



           Division 2 -- Justices Act 1902 consequentially amended
     51.          The Act amended by this Division
                  The amendments in this Division are to the Justices Act 1902*.
                  [* Reprinted as at 8 October 2001.
5                    For subsequent amendments see Acts Nos. 53 of 2000 and
                     27 of 2002.]

     52.          Section 97B amended
                  Section 97B is amended as follows:
                      (a)    by deleting the full stop after the definition of "contempt
10                           offence" and inserting a semicolon instead;
                      (b)    by inserting the following definition --
                  "
                            "either way charge" means a charge of an indictable
                                offence that, by virtue of section 5 of The Criminal
15                              Code, or another written law, may be tried either
                                on indictment or summarily.
                                                                                       ".

     53.          Sections 98, 99 and 100 replaced
                  Sections 98, 99 and 100 are repealed and the following sections
20                are inserted instead --
     "
            98.             Procedure on first appearance
                            When the defendant appears for the first time before
                            the justices on the charge, the justices shall --
25                            (a) read the charge to the defendant; and
                              (b) if necessary, explain to the defendant the
                                     meaning of the charge,




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                 Justices Act 1902 consequentially amended     Division 2
                                                                    s. 53



                   and then --
                     (c) if the charge is an either way charge -- proceed
                          in accordance with section 99; or
                     (d) if the charge must be dealt with on
5                         indictment -- proceed in accordance with
                          section 100.

       99.         Either way charges
             (1)   This section applies if the charge is an either way
                   charge.
10           (2)   If section 5 of The Criminal Code applies to the charge,
                   the justices must give the prosecutor and the defendant
                   an opportunity to apply under that section for the
                   charge to be tried on indictment.
             (3)   Unless the justices decide that the charge is to be tried
15                 on indictment, the justices shall deal with the charge
                   summarily either --
                     (a) subject to subsection (5), on the day the
                           defendant appears for the first time; or
                     (b) on another day.
20           (4)   If the justices decide that the charge is to be tried on
                   indictment, the justices shall proceed in accordance
                   with section 100.
             (5)   If, in relation to a charge referred to in subsection (3),
                   the defendant, having been served with a summons for
25                 the charge --
                      (a) appears at the time and place appointed by the
                            summons; and
                     (b) pleads not guilty to the charge,
                   the justices shall not proceed to hear and determine the
30                 charge at the time referred to in paragraph (a) unless
                   the prosecutor consents to them doing so.

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     Division 2     Justices Act 1902 consequentially amended
     s. 53



          100.       Charges that are to be tried on indictment
               (1)   This section applies if --
                      (a)    the charge must be tried on indictment; or
                      (b)    the justices have decided that the charge, being
5                            an either way charge, is to be tried on
                             indictment.
               (2)   The justices shall --
                      (a) tell the defendant that he or she is not required
                            to plead to the charge;
10                    (b) cause the defendant to be given a notice in the
                            prescribed form explaining the procedures in
                            this Part; and
                      (c) adjourn the complaint.
               (3)   As soon as practicable after the complaint is adjourned,
15                   the prosecution shall, unless an order is made under
                     subsection (4), file with the clerk of petty sessions and
                     serve on the defendant --
                       (a) a statement of the material facts relevant to the
                             charge;
20                     (b) a copy of --
                                (i) any statement signed by the defendant;
                               (ii) any record of interview with the
                                      defendant (signed or unsigned by the
                                      defendant),
25                           that is in the possession of the prosecution;
                       (c) notice of any tape or videotape recording of
                             conversations between the defendant and a
                             person in authority that is in the possession of
                             the prosecution; and
30                     (d) if the defendant said anything to a member of the
                             Police Force that is material to the charge, a
                             written version of the substance of what was said.

     page 34
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                       Justices Act 1902 consequentially amended     Division 2
                                                                          s. 54



                (4)     If, on the application of the prosecution, the justices are
                        satisfied that at that stage of proceedings --
                           (a) the prosecution is unable to comply with
                                 subsection (1); or
5                         (b) it is not practicable for the prosecution to
                                 prepare a statement of the material facts,
                        the justices may order that compliance with
                        subsection (3) by the prosecution be dispensed with.
                                                                                      ".

10   54.        Section 101 amended
                Section 101(1) is amended by deleting "section 100(1)" and
                inserting instead --
                "     section 100(3)   ".

     55.        Section 101A amended
15              Section 101A(a) is amended by deleting "section 100(2)" and
                inserting instead --
                "     section 100(4)   ".

     56.        Section 107 inserted
                After section 106 the following section is inserted --
20   "
             107.       Committal for sentence, matters to be recorded
                (1)     Upon committing a defendant to a court of competent
                        jurisdiction for sentence the justices must record the
                        following matters on the complaint --
25                        (a) the defendant's plea before the justices;
                          (b) if the justices convicted the defendant, the fact
                                that they did so;
                          (c) the date of the committal.


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     Division 3     Consequential amendments
     s. 57



               (2)    A copy of a complaint certified as a true copy by a
                      clerk of petty sessions is, in the absence of evidence to
                      the contrary, evidence of its contents and of any matter
                      recorded on it in accordance with subsection (1).
5                                                                                 ".

     57.       Section 137 amended
               Section 137(3) is repealed.

                     Division 3 -- Consequential amendments
     58.       Other Acts consequentially amended
10             Schedule 3 has effect.




     page 36
                                              Criminal Code Amendment Bill 2003
                                                Other amendments         Part 8

                                                                                s. 59



                         Part 8 -- Other amendments
     59.         Section 81 replaced
                 Section 81 is repealed and the following section is inserted
                 instead --
5    "
           81.         Disclosing official secrets
                 (1)   In this section --
                       "disclosure" includes --
                            (a) any publication or communication; and
10                          (b) in relation to information in a record, parting
                                   with possession of the record;
                       "government contractor" means a person who is not
                            employed in the Public Service but who provides,
                            or is employed in the provision of, goods or
15                          services for the purposes of --
                            (a) the State of Western Australia;
                            (b) the Public Service; or
                            (c) the Police Force of Western Australia;
                       "information" includes false information, opinions
20                          and reports of conversations;
                       "official information" means information, whether in
                            a record or not, that comes to the knowledge of, or
                            into the possession of, a person because the person
                            is a public servant or government contractor;
25                     "public servant" means a person employed in the
                            Public Service;
                       "unauthorised disclosure" means --
                            (a) the disclosure by a person who is a public
                                   servant or government contractor of official
30                                 information in circumstances where the



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     s. 60



                               person is under a duty not to make the
                               disclosure; or
                         (b)   the disclosure by a person who has been a
                               public servant or government contractor of
5                              official information in circumstances where,
                               were the person still a public servant or
                               government contractor, the person would be
                               under a duty not to make the disclosure.
               (2)   A person who, without lawful authority, makes an
10                   unauthorised disclosure is guilty of a crime and is
                     liable to imprisonment for 3 years.
                     Summary conviction penalty: imprisonment for one
                          year or a fine of $4 000.
                                                                                ".

15   60.       Section 215 inserted
               After section 214 the following section is inserted --
     "
             215.    Interfering with corpse to hinder inquiry
               (1)   In this section a person interferes with the corpse of a
20                   person if he or she --
                       (a) conceals the corpse, whether by burying or
                              destroying it or otherwise; or
                       (b) damages or mutilates or otherwise interferes
                              with the corpse.
25             (2)   Any person who, without lawful justification or excuse,
                     the proof of which lies on him or her, interferes with
                     the corpse of a person with intent to prevent or
                     prejudice any investigation into the circumstances
                     surrounding the death of the person is guilty of a crime
30                   and is liable to imprisonment for 10 years.
                                                                                ".



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                                                      Other amendments         Part 8

                                                                                       s. 61



     61.             Amendments about masters etc. and consequential
                     amendment to the Evidence Act 1906
           (1)       Section 245 is amended by deleting "or in the relation of master
                     or servant,".
5          (2)       Section 257 is amended as follows:
                       (a) by deleting "or master";
                      (b) by deleting ", pupil, or apprentice," and inserting
                            instead --
                            " or pupil ".
10         (3)       Section 264 is repealed.
           (4)       Section 303 is repealed.
           (5)       Section 372(3) is repealed.
           (6)       The Evidence Act 1906* Second Schedule Part 1 is amended by
                     deleting the entry relating to an offence under section 303 of
15                   The Criminal Code.
                     [* Reprinted as at 4 January 2001.
                        For subsequent amendments see 2001 Index to Legislation of
                        Western Australia, Table 1, p. 121 and Acts Nos. 3 and 27 of 2002.]

     62.             Section 321 amended
20         (1)       Section 321(5) is repealed and the following subsection is
                     inserted instead --
                 "
                     (5)   A person who procures, incites, or encourages a child
                           to do an indecent act is guilty of a crime and is liable to
25                         the punishment in subsection (8).
                                                                                          ".
           (2)       Section 321(10) is amended by deleting ", (4) or (6)" and
                     inserting instead --
                     " or (4)    ".


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     s. 63



           (3)        After section 321(10) the following subsections are inserted --
                 "
                     (11)       It is a defence to a charge under subsection (5) to
                                prove --
5                                  (a) that the indecent act was a private conjugal act;
                                         or
                                  (b) that the accused person intended the indecent
                                         act to be a private conjugal act.
                     (12)       For the purposes of subsection (11) an indecent act is a
10                              private conjugal act if --
                                  (a) it is not committed in the presence of, or
                                        viewed by, any person other than a person
                                        lawfully married to the child; and
                                  (b) no photograph, film, videotape or other
15                                      recording is made of it other than for the
                                        exclusive and private use of the child and a
                                        person lawfully married to the child.
                     (13)       It is a defence to a charge under subsection (6) to
                                prove --
20                                 (a) that the accused person was lawfully married to
                                         the child; and
                                  (b) that the indecent recording was made for the
                                         exclusive and private use of the child and the
                                         accused person.
25                                                                                           ".

     63.              Section 354 amended
                      After section 354(4) the following paragraph is inserted --
                            "
                                (4a)   To publish in good faith, for the information of
30                                     the public, a fair report of the public proceedings
                                       of any Royal Commission established under the
                                       law of the Commonwealth or a State or Territory

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                                              Criminal Code Amendment Bill 2003
                                                Other amendments         Part 8

                                                                                 s. 64



                              of the Commonwealth, or by or under the
                              authority of Her Majesty, or of the Governor in
                              Council of the Commonwealth, the Governor in
                              Council of any State of the Commonwealth, or
5                             the Administrator in Council of any Territory of
                              the Commonwealth;
                                                                                   ".
     64.         Section 370 amended
           (1)   Section 370 is amended by inserting before the paragraph
10               beginning "The term "animal" " the following paragraph --
                 "
                       Animals, which are the property of any person, are
                       capable of being stolen while they are being reared by
                       aquaculture in a place that is the property of, or under
15                     the control of, any person.
                                                                                   ".
           (2)   Section 370 is amended in the definition of the term "animal"
                 by inserting after "creature" --
                 " and any living aquatic organism ".
20         (3)   Section 370 is amended by deleting the paragraph beginning
                 "Oysters".
     65.         Section 399A repealed
                 Section 399A is repealed.
     66.         Section 401 amended
25         (1)   Section 401(1) is amended by deleting the summary conviction
                 penalty and inserting instead --
                 "
                       Summary conviction penalty:
                           (a) in a case to which paragraph (a) applies where
30                               the only circumstance of aggravation is that the
                                 offender is in company with another person or
                                 other persons -- imprisonment for 3 years or a
                                 fine of $12 000;

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     Criminal Code Amendment Bill 2003
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     s. 67



                           (b)   in a case to which paragraph (b) applies --
                                 imprisonment for 3 years or a fine of
                                 $12 000; or
                           (c)   in a case to which paragraph (c) applies --
5                                imprisonment for 2 years or a fine of $8 000.
                                                                                   ".
           (2)   Section 401(2) is amended by deleting the summary conviction
                 penalty and inserting instead --
                 "
10                     Summary conviction penalty (subject to subsection (3)):
                           (a) in a case to which paragraph (a) applies where
                                 the only circumstance of aggravation is that the
                                 offender is in company with another person or
                                 other persons -- imprisonment for 3 years or a
15                               fine of $12 000;
                           (b) in a case to which paragraph (b) applies --
                                 imprisonment for 3 years or a fine of
                                 $12 000; or
                           (c) in a case to which paragraph (c) applies --
20                               imprisonment for 2 years or a fine of $8 000.
                                                                                  ".
     67.         Section 407 amended
                 Section 407 is amended by deleting "a crime" in paragraphs (a),
                 (d) and (e) and in each place inserting instead --
25               " an offence ".
     68.         Section 414 amended
                 Section 414 is amended by deleting the second paragraph and
                 inserting the following paragraph instead --
                 "
30                     The offender is liable --
                         (a) if the court is satisfied as to the act by means of
                                which the property was obtained, to the penalty


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                                         Criminal Code Amendment Bill 2003
                                           Other amendments         Part 8

                                                                         s. 69



                          provided for the offence constituted by that act,
                          or to imprisonment for 14 years, whichever is
                          the lesser;
                    (b)   otherwise, to imprisonment for 14 years.
5                                                                             ".

     69.     Sections 436 and 437 replaced
             Sections 436 and 437 are repealed and the following sections
             are inserted instead --
     "
10         436.   Unlawful fishing
                  Any person who unlawfully uses any article or
                  substance for the purpose of taking any aquatic
                  organism that is being reared by aquaculture in a place
                  that is the property of, or under the control of, any
15                person is guilty of a simple offence and is liable to
                  imprisonment for 2 years or a fine of $8 000.

           437.   Unlawfully taking fish etc.
                  Any person who unlawfully takes or destroys, or
                  attempts to take or destroy, any aquatic organism that
20                is --
                     (a) being reared by aquaculture in a place that is
                         the property of, or under the control of, any
                         person; or
                    (b) in any water that is private property or in which
25                       there is a private right of fishery,
                  is guilty of a simple offence and is liable to
                  imprisonment for 2 years or a fine of $8 000.
                                                                              ".




                                                                      page 43
     Criminal Code Amendment Bill 2003
     Part 8         Other amendments

     s. 70



     70.              Section 570B amended
           (1)        Section 570B(1) is amended in the definition of "authorised
                      person" as follows:
                        (a) by inserting after paragraph (c) the following
5                            paragraph --
                                     "
                                         (ca)     a legal practitioner acting for or representing
                                                  the State;
                                                                                                    ";
10                        (b)        by inserting after paragraph (db) the following
                                     paragraph --
                                     "
                                         (dc)     a coroner or a person acting at the direction
                                                  of a coroner;
15                                                                                                  ".
           (2)        After section 570B(3)(a) the following paragraph is inserted --
                                "
                                    (ab)        the videotape is played for purposes connected
                                                with proceedings before a coroner;
20                                                                                                  ".
           (3)        Section 570B(5) is amended by deleting "(d), (da), (db)" and
                      inserting instead --
                      "     (ca), (d), (da), (db), (dc)         ".

     71.              Heading to Chapter LXI amended
25                    The heading to Chapter LXI is amended by deleting ": Bail".

     72.              Section 584 amended
                      After section 584(6) the following subsection is inserted --
                 "
                     (6a)           If any property is co-owned by a body of persons with
30                                  a collective name, it is sufficient in an indictment in

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                                              Criminal Code Amendment Bill 2003
                                                Other amendments         Part 8

                                                                                 s. 73



                       which it is necessary to mention the owners of the
                       property to use the collective name without naming any
                       one of the persons.
                                                                                   ".

5    73.         Section 596 amended
                 Section 596 is amended in the Table Column 1 by deleting
                 "322(4)".

     74.         Section 599 amended
           (1)   Section 599(1) is amended by inserting after "those sections" --
10               " or under section 69 of the Police Act 1892     ".
           (2)   Section 599(2) is amended by inserting after "those sections" --
                 " or under section 69 of the Police Act 1892     ".

     75.         Section 635 replaced
                 Section 635 is repealed and the following section is inserted
15               instead --
     "
             635.      Accused's presence at proceedings
                 (1)   In this section --
                       "proceedings" includes proceedings under section
20                          611A, at trial, and under the Bail Act 1982, the
                            Evidence Act 1906, the Sentencing Act 1995 or the
                            Young Offenders Act 1994.
                 (2)   This section applies whether an accused person is
                       being tried alone or with others.
25               (3)   Proceedings that relate to an accused person must take
                       place in his or her presence unless this section or the
                       Sentencing Act 1995 provides otherwise.



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     Criminal Code Amendment Bill 2003
     Part 8         Other amendments

     s. 75



               (4)   If an accused person so conducts himself or herself as
                     to render the continuance of proceedings in the
                     person's presence impracticable, the court may order
                     the person to be removed and may direct the
5                    proceedings to proceed in the person's absence.
               (5)   If 2 or more accused persons are charged jointly and
                     the court is satisfied that any of them is unable to be
                     present at any proceedings by reason of the person's
                     illness or infirmity, the court may order that the
10                   proceedings may continue in the absence of that person
                     during that part of the proceedings as may be necessary
                     if it is satisfied --
                        (a) the interests of the accused person will not be
                               prejudiced by the proceedings proceeding in his
15                             or her absence; and
                        (b) the interests of justice require that the
                               proceedings should proceed in the person's
                               absence.
               (6)   If an accused person is charged alone and the court is
20                   satisfied the person is unable to be present at any
                     proceedings by reason of the person's illness or
                     infirmity, the court may permit the person to be absent
                     during that part of the proceedings as may be necessary
                     if it is satisfied --
25                      (a) the interests of the accused person will not be
                               prejudiced by the proceedings proceeding in his
                               or her absence; and
                        (b) the interests of justice require that the
                               proceedings should proceed in the person's
30                             absence.
               (7)   If an accused person absents himself or herself during
                     proceedings without leave, the court may direct a
                     warrant to be issued to arrest the accused person and
                     bring him or her before the court forthwith.


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                                                       Criminal Code Amendment Bill 2003
                                                         Other amendments         Part 8

                                                                                      s. 76



                      (8)       Nothing in this section prevents a court from taking
                                evidence from an accused person by video link or
                                audio link under section 121 of the Evidence Act 1906.
                                                                                          ".

5    76.              Section 635A amended
           (1)        Section 635A(2) is amended as follows:
                        (a) by deleting the full stop after paragraph (c) and inserting
                             instead a semicolon;
                       (b) by inserting after paragraph (c) the following
10                           paragraph --
                            "
                                 (d)   make an order prohibiting or restricting the
                                       publication outside the court-room of any
                                       matter likely to lead members of the public to
15                                     identify a victim of an offence with which a
                                       trial or other criminal proceeding is concerned.
                                                                                          ".
           (2)        After section 635A(2) the following subsection is inserted --
                 "
20                   (2a)       An order under subsection (1)(d) does not prohibit the
                                publication of matter identifying a victim if --
                                  (a) the victim consents to the publication of the
                                        matter before it is published; and
                                 (b) at the time of consenting to the publication, the
25                                      victim has reached 18 years of age and is not a
                                        person who, because of mental impairment, is
                                        incapable of making reasonable judgments in
                                        respect of the publication of such matter.
                                                                                          ".




                                                                                   page 47
     Criminal Code Amendment Bill 2003



     Schedule 1         Amendments consequential on Part 5



           Schedule 1 -- Amendments consequential on Part 5
                                                                                  [s. 24]

     1.         Bail Act 1982 amended
          (1)   The amendments in this clause are to the Bail Act 1982*.
5               [* Reprinted as at 27 August 1999.
                   For subsequent amendments see 2001 Index to Legislation of
                   Western Australia, Table 1, p. 27 and Acts Nos. 6 and 27 of 2002.]
          (2)   Schedule 2 item 1 is amended as follows:
                  (a)   by deleting the entries relating to offences under sections 296,
10                      296A, 298 and 299 of The Criminal Code;
                  (b)   by inserting after the entry relating to section 301 of The
                        Criminal Code the following entry --
                  "
                         s. 304(2)       Acts or omissions, with intent to
                                         harm, causing bodily harm or danger
                                                                                       ".

15   2.         Corruption and Crime Commission Act 2003 amended
          (1)   The amendments in this clause are to the Corruption and Crime
                Commission Act 2003*.
                [* Reprint 1 as at 5 January 2004]
          (2)   Schedule 1 item 1 is amended as follows:
20                (a) by deleting the entries relating to offences under sections 296,
                       296A and 298 of The Criminal Code;
                  (b)   by inserting before the entry relating to section 332 of The
                        Criminal Code the following entries --
                         "
25                              s. 304    Acts or omissions causing bodily harm or
                                          danger
                                s. 305    Setting dangerous things for people
                                                                                       ".


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                                                  Criminal Code Amendment Bill 2003



                                 Amendments consequential on Part 5           Schedule 1



     3.         Criminal Law (Mentally Impaired Defendants) Act 1996 amended
          (1)   The amendments in this clause are to the Criminal Law (Mentally
                Impaired Defendants) Act 1996*.
                [* Reprinted as at 21 June 2002.
5                  For subsequent amendments see Act No. 27 of 2002.]
          (2)   Schedule 1 item 1 is amended as follows:
                    (a)   by deleting the entries relating to offences under sections 296,
                          296A, 298 and 299 of The Criminal Code;
                    (b)   by inserting after the entry relating to section 301 of The
10                        Criminal Code the following entry --
                    "
                          s. 304(2)        Acts or omissions, with intent to
                                           harm, causing bodily harm or danger
                                                                                        ".
     4.         Evidence Act 1906 amended
          (1)   The amendments in this clause are to the Evidence Act 1906*.
15              [* Reprinted as at 4 January 2001.
                   For subsequent amendments see 2000 Index to Legislation of
                   Western Australia, Table 1, p. 121 and Acts Nos. 3 and 27 of 2002.]
          (2)   The Second Schedule Part 1 is amended by deleting the entries
                relating to offences under sections 296, 296A, 298, 299, 300, 302,
20              304, 305, 306, 307, 308, 309 and 310 of The Criminal Code.
          (3)   The Second Schedule Part 1 is amended by inserting before the entry
                relating to section 313 of The Criminal Code the following entries --
                "
                     s. 304       Acts or omissions causing bodily harm or
                                  danger
                     s. 305       Setting dangerous things for people
                                                                                        ".
25        (4)   Schedule 7 Part C is amended by deleting the entries relating to
                sections 298, 299, 300, 302, 304 and 306.



                                                                                  page 49
     Criminal Code Amendment Bill 2003



     Schedule 1           Amendments consequential on Part 5



          (5)   Schedule 7 Part C is amended by inserting after the entry relating to
                section 301 the following entry --
                "
                     304           Acts or omissions causing bodily harm or
                                   danger
                                                                                         ".

5    5.         Young Offenders Act 1994 amended
          (1)   The amendments in this clause are to the Young Offenders Act 1994*.
                [* Reprinted as at 8 December 2000.
                   For subsequent amendments see 2000 Index to Legislation of
                   Western Australia, Table 1, p. 423.]
10        (2)   Schedule 1 item 1 is amended by deleting the entries relating to
                offences under sections 300, 305 and 306 of The Criminal Code and
                inserting instead the following entries --
                "
                     s. 304(2)         Acts or omissions, with intent to harm,
                                       causing bodily harm or danger
                     s. 305            Setting dangerous things for people, if
                                       injury to a person is actually caused
                                                                                         ".
15        (3)   Schedule 2 item 1 is amended as follows:
                  (a) by deleting the entries relating to offences under sections 296,
                       296A, 298 and 299 of The Criminal Code;
                    (b)    by inserting after the entry relating to section 301 of The
                           Criminal Code the following entry --
20                  "
                           s. 304(2)        Acts or omissions, with intent to
                                            harm, causing bodily harm or danger
                                                                                         ".




     page 50
                                                Criminal Code Amendment Bill 2003



                               Amendments consequential on Part 6          Schedule 2



           Schedule 2 -- Amendments consequential on Part 6
                                                                                 [s. 26]

     1.         Bail Act 1982 amended
          (1)   The amendments in this clause are to the Bail Act 1982*.
5               [* Reprinted as at 27 August 1999.
                   For subsequent amendments see 2001 Index to Legislation of
                   Western Australia, Table 1, p. 27 and Acts Nos. 6 and 27 of 2002.]
          (2)   Schedule 2 item 1 is amended by inserting after the entry relating to
                section 326 of The Criminal Code the following entries --
10              "
                    s. 331B         Sexual servitude
                    s. 331C         Conducting business involving sexual
                                    servitude
                    s. 331D         Deceptive recruiting for commercial
                                    sexual services
                                                                                        ".
     2.         Criminal Law (Mentally Impaired Defendants) Act 1996 amended
          (1)   The amendments in this clause are to the Criminal Law (Mentally
                Impaired Defendants) Act 1996*.
15              [* Reprinted as at 21 June 2002.
                   For subsequent amendments see Act No. 27 of 2002.]
          (2)   Schedule 1 item 1 is amended by inserting after the entry relating to
                section 330 of The Criminal Code the following entries --
                "
                    s. 331B         Sexual servitude
                    s. 331C         Conducting business involving sexual
                                    servitude
                    s. 331D         Deceptive recruiting for commercial
                                    sexual services
20                                                                                      ".



                                                                               page 51
     Criminal Code Amendment Bill 2003



     Schedule 2        Amendments consequential on Part 6



     3.         Evidence Act 1906 amended
          (1)   The amendments in this clause are to the Evidence Act 1906*.
                [* Reprinted as at 4 January 2001.
                   For subsequent amendments see 2001 Index to Legislation of
5                  Western Australia, Table 1, p. 121 and Acts Nos. 3 and 27 of 2002.]
          (2)   The Second Schedule Part 1 is amended by inserting after the entry
                relating to section 330 of The Criminal Code the following entries --
                "
                    s. 331B         Sexual servitude
                    s. 331C         Conducting business involving sexual
                                    servitude
                    s. 331D         Deceptive recruiting for commercial
                                    sexual services
                                                                                        ".

10   4.         Young Offenders Act 1994 amended
          (1)   The amendments in this clause are to the Young Offenders Act 1994*.
                [* Reprinted as at 8 December 2000.
                   For subsequent amendments see 2000 Index to Legislation of
                   Western Australia, Table 1, p. 423.]
15        (2)   Schedule 1 item 1 is amended by inserting after the entry relating to
                section 330(3) of The Criminal Code the following entries --
                "
                    s. 331B         Sexual servitude
                    s. 331C         Conducting business involving sexual
                                    servitude
                    s. 331D         Deceptive recruiting for commercial
                                    sexual services
                                                                                        ".
          (3)   Schedule 2 item 1 is amended by inserting after the entry relating to
20              section 326 of The Criminal Code the following entries --
                "
                    s. 331B         Sexual servitude

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                        Criminal Code Amendment Bill 2003



          Amendments consequential on Part 6         Schedule 2



s. 331C       Conducting business involving sexual
              servitude
s. 331D       Deceptive recruiting for commercial
              sexual services
                                                             ".




                                                        page 53
     Criminal Code Amendment Bill 2003



     Schedule 3               Amendments consequential on Part 7



           Schedule 3 -- Amendments consequential on Part 7
                                                                                     [s. 58]

     1.         Bail Act 1982 amended
          (1)   The amendments in this clause are to the Bail Act 1982*.
5               [* Reprinted as at 27 August 1999.
                   For subsequent amendments see 2000 Index to Legislation of
                   Western Australia, Table 1, p. 27 and Acts Nos. 6 and 27 of 2002.]
          (2)   Section 20(3)(a) is deleted and the following paragraph is inserted
                instead --
10                        "
                              (a)     if the offence is one that may be tried on
                                      indictment, before a court decides that it is to
                                      be tried on indictment;
                                                                                         ".

15   2.         Biological Control Act 1986 amended
          (1)   The amendments in this clause are to the Biological Control
                Act 1986*.
                [* Act No. 106 of 1986.
                   For subsequent amendments see 2001 Index to Legislation of
20                 Western Australia, Table 1, p. 33.]
          (2)   Section 45(2) is amended as follows:
                  (a) by deleting "an indictable offence" and inserting instead --
                              "     a crime ";
                    (b)       by inserting at the foot of the section --
25              "
                          Summary conviction penalty: imprisonment for one
                             year.
                                                                                         ".
          (3)   Section 45(3) and (4) are repealed.



     page 54
                                                    Criminal Code Amendment Bill 2003



                                    Amendments consequential on Part 7        Schedule 3



     3.             Bush Fires Act 1954 amended
          (1)       The amendments in this clause are to the Bush Fires Act 1954*.
                    [* Reprinted as at 20 January 1997.
                       For subsequent amendments see 2001 Index to Legislation of
5                      Western Australia, Table 1, p. 41 and Act No. 38 of 2002.]
          (2)       Section 32 is amended by deleting "an indictable offence" and
                    inserting instead --
                    "     a crime ".
     4.             Children's Court of Western Australia Act 1988 amended
10        (1)       The amendments in this clause are to the Children's Court of Western
                    Australia Act 1988*.
                    [* Reprinted as at 25 August 2000.
                       For subsequent amendments see Western Australian Legislation
                       Information Tables for 2002, Table 1, p. 54.]
15        (2)       Section 19B(1), (2) and (3) are repealed and the following subsections
                    are inserted instead --
                "
                    (1)     If a child is charged with an indictable offence and --
                              (a) the offence is such that, if an adult were
20                                   charged with it, it must be tried on indictment;
                                     or
                              (b) the circumstances of the alleged offence are
                                     such that --
                                       (i) if an adult were charged with it, it could,
25                                           by virtue of section 5 of The Criminal
                                             Code, or another written law, be tried
                                             either on indictment or summarily; and
                                      (ii) the Court, having complied with section
                                             99(2) of the Justices Act 1902, decides
30                                           that it is to be tried on indictment,
                            the child may elect to be tried on indictment by the
                            Supreme Court or the District Court (as the case
                            requires), and the Court shall so inform the child.

                                                                                   page 55
     Criminal Code Amendment Bill 2003



     Schedule 3          Amendments consequential on Part 7



                  (2)   If a child is charged with an indictable offence and the
                        circumstances of the alleged offence are such that the
                        child is not entitled to make an election under
                        subsection (1), the Court shall, subject to the provisions
5                       referred to in section 19(1), hear and determine the
                        charge summarily.
                  (3)   If a child makes an election under subsection (1) --
                          (a) the Court, under Part V of the Justices Act
                                 1902, shall deal with the charge, commit the
10                               child to the Supreme Court or the District Court
                                 (as the case requires) and exercise the
                                 jurisdiction and powers conferred on justices;
                                 and
                          (b) the Justices Act 1902 applies,
15                      as if the charge were one that must be tried on
                        indictment.
                                                                                          ".
        (3)       Section 19B(4) is amended by deleting ", and the charge, if an adult
                  were similarly charged before a court of petty sessions, could not be
20                dealt with summarily".
        (4)       Section 19C(1) is repealed and the following subsection is inserted
                  instead --
              "
                  (1)   Notwithstanding section 19B, if --
25                       (a) the Court is satisfied --
                                 (i) that a person who has reached 18 years
                                      of age (the "adult") is charged with the
                                      same indictable offence as a child or
                                      with an indictable offence arising from
30                                    the same acts, omissions, or
                                      circumstances as are alleged against a
                                      child charged with an indictable
                                      offence; and


     page 56
                                                 Criminal Code Amendment Bill 2003



                                 Amendments consequential on Part 7        Schedule 3



                                  (ii)   that the adult is to be tried on indictment
                                         for the offence;
                                 and
                         (b)     the Court is for any reason of the opinion that it
5                                is appropriate that the child be dealt with on
                                 indictment jointly with the adult,
                        then --
                          (c) the Court, under Part V of the Justices Act
                               1902, shall deal with the charge, commit the
10                             child to the court where the adult is to be tried
                               and exercise the jurisdiction and powers
                               conferred on justices; and
                          (d) the Justices Act 1902 applies,
                        as if the charge were one that must be tried on
15                      indictment.
                                                                                       ".
          (5)   Section 19C(3) is amended as follows:
                  (a)    by deleting "subsection (1)(d)" and inserting instead --
                         "     subsection (1)   ";
20                (b)    by deleting "section 19B(3) or (4)" and inserting instead --
                         "     section 19B(2) or (4)   ".
     5.         Companies (Co-operative) Act 1943 amended
          (1)   The amendments in this clause are to the Companies (Co-operative)
                Act 1943*.
25              [* Reprinted as at 14 January 2000.
                   For subsequent amendments see 2001 Index to Legislation of
                   Western Australia, Table 1, p. 60 and Gazette 28 June 2002
                   p. 3052-4.]
          (2)   Section 280(1) is amended as follows:
30                (a)    by deleting "liable on conviction on indictment to
                         imprisonment for a term not exceeding one year, or on



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     Criminal Code Amendment Bill 2003



     Schedule 3            Amendments consequential on Part 7



                           summary conviction to imprisonment for a term not
                           exceeding 6 months." and inserting instead --
                "
                          guilty of a misdemeanour and liable to imprisonment
5                         for one year.
                                                                                     ";
                    (b)    by inserting at the foot of the subsection --
                "
                          Summary conviction penalty: $6 000.
10                                                                                   ".
          (3)   Section 281(3) is amended by deleting "liable on conviction on
                indictment to imprisonment for a term not exceeding one year." and
                inserting instead --
                "
15                        guilty of a misdemeanour and liable to imprisonment
                          for one year.
                                                                                     ".
          (4)   Section 425 is amended as follows:
                    (a)    by deleting the passage beginning with "and be liable on
20                         summary conviction" and ending with "The Criminal Code";
                    (b)    by inserting at the foot of the section --
                "
                          Summary conviction penalty: $6 000.
                                                                                     ".

25   6.         Coroners Act 1996 amended
          (1)   The amendments in this clause are to the Coroners Act 1996*.
                [* Reprinted as at 3 August 2001.
                   For subsequent amendments see 2001 Index to Legislation of
                   Western Australia, Table 1, p. 77.]




     page 58
                                               Criminal Code Amendment Bill 2003



                               Amendments consequential on Part 7          Schedule 3



          (2)   Section 46A is repealed and the following section is inserted
                instead --
     "
            46A.      Disobeying coroner
5                     A person who does not obey a summons, order, or
                      direction of a coroner issued or given under
                      section 46(1) is guilty of a crime and is liable to
                      imprisonment for 5 years and to a fine of $100 000.
                      Summary conviction penalty: imprisonment for 2 years
10                        and a fine of $40 000.
                                                                                     ".

     7.         Court Security and Custodial Services Act 1999 amended
          (1)   The amendments in this clause are to the Court Security and
                Custodial Services Act 1999*.
15              [* Reprinted as at 13 July 2001.]
          (2)   Section 90(1) is amended by inserting at the foot of the subsection --
                "
                      Summary conviction penalty: imprisonment for 2 years
                         or a fine of $8 000.
20                                                                                   ".
          (3)   Section 90(3) is repealed.

     8.         Criminal Code Act 1913 amended
          (1)   The amendment in this clause is to the Criminal Code Act 1913*.
                [* Reprint 10 as at 7 February 2003 (see Appendix B to the Criminal
25                 Code Act Compilation Act 1913).]
          (2)   Section 4 is amended by deleting "indictable".




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     Criminal Code Amendment Bill 2003



     Schedule 3             Amendments consequential on Part 7



     9.            Criminal Law (Mentally Impaired Defendants) Act 1996 amended
           (1)     The amendments in this clause are to the Criminal Law (Mentally
                   Impaired Defendants) Act 1996*.
                   [* Reprinted as at 21 June 2002.
5                     For subsequent amendments see Act No. 27 of 2002.]
           (2)     Section 17 is repealed and the following section is inserted instead --
     "
             17.           Procedure for indictable offences
                   (1)     This section applies if the defendant is charged with an
10                         indictable offence --
                             (a) that must be dealt with on indictment; or
                             (b) that, under section 5 of The Criminal Code or
                                   under another written law, the magistrate
                                   decides is to be dealt with on indictment.
15                 (2)     Despite the fact that the defendant is mentally unfit to
                           stand trial, the procedure in Part V of the Justices
                           Act 1902 is to be followed and the defendant, while not
                           mentally fit, is presumed to plead not guilty to the charge.
                                                                                          ".
20   10.           Electoral Act 1907 amended
           (1)     The amendments in this clause are to the Electoral Act 1907*.
                   [* Reprinted as at 15 December 2000.
                      For subsequent amendments see 2001 Index to Legislation of
                      Western Australia, Table 1, p. 109.]
25         (2)     Sections 204 and 205 are each amended by deleting "indictable
                   offences" and inserting instead --
                   "     crimes ".
     11.           Evidence Act 1906 amended
           (1)     The amendments in this clause are to the Evidence Act 1906*.



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                 [* Reprinted as at 4 January 2001.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 121 and Acts Nos. 3 and 27 of 2002.]
           (2)   Section 106F(4) is amended by deleting "an indictable offence" and
5                inserting instead --
                 "    a misdemeanour ".
     12.         Fair Trading Act 1987 amended
           (1)   The amendments in this clause are to the Fair Trading Act 1987*.
                 [* Reprinted as at 16 November 2001.]
10         (2)   Section 69(1) is amended as follows:
                     (a)    by deleting "an indictable offence which, subject to section
                            71, the defendant may elect to have dealt with summarily."
                            and inserting instead --
                            "   a crime. ";
15                   (b)    by inserting at the foot of the subsection --
                 "
                           Summary conviction penalty: the lesser of a fine of
                              $6 000 or the maximum penalty provided by this
                              Act for the offence.
20                                                                                         ".
           (3)   Section 69(2) is amended by deleting "and section 71(1)".
           (4)   Section 71 is repealed.

     13.         Family Court Act 1997 amended and consequential amendment to
                 Sentencing Legislation Amendment and Repeal Act 2003
25         (1)   The amendments in this clause are to the Family Court Act 1997*
                 except where otherwise indicated.
                 [* Act No. 40 of 1997.
                    For subsequent amendments see Western Australian Legislation
                    Information Tables for 2002, Table 1, p. 130-1.]




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           (2)   Section 243(5) is amended as follows --
                   (a) by deleting "an indictable offence" and inserting instead --
                            "     a crime   ";
                     (b)    by inserting at the foot of the subsection --
5                "
                           Summary conviction penalty:
                            (a) in the case of a body corporate, a fine of
                                $5 500;
                            (b) in any other case, a fine of $2 750.
10                                                                                       ".
           (3)   Section 243(6) is repealed.
           (4)   If this clause comes into operation before the Sentencing Legislation
                 Amendment and Repeal Act 2003 section 60 comes into operation,
                 that section is repealed.

15   14.         Firearms Act 1973 amended
           (1)   The amendments in this clause are to the Firearms Act 1973*.
                 [* Reprinted as at 11 August 2000.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 139.]
20         (2)   Sections 6(3), 7(2), 19(4), 23(3) and 23(5) are each amended by
                 deleting "an indictable offence" and inserting instead --
                 "       a crime ".
           (3)   Section 23(3) is amended by deleting the summary conviction penalty
                 provision and inserting instead --
25                   "
                            Summary conviction penalty:
                                (a)   in a case to which paragraph (a) applies:
                                      Imprisonment for 2 years or a fine of $8 000;
                                (b)   in a case to which paragraph (b) applies:
30                                    Imprisonment for 12 months or a fine of $4 000.
                                                                                         ".

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           (4)   Section 23(5) is amended by deleting the summary conviction penalty
                 provision and inserting instead --
                     "
                            Summary conviction penalty: Imprisonment for 12 months or
5                           a fine of $4 000.
                                                                                       ".
           (5)   Section 23D is repealed.

     15.         Gold Corporation Act 1987 amended
           (1)   The amendments in this clause are to the Gold Corporation
10               Act 1987*.
                 [* Reprinted as at 2 January 2001.]
           (2)   Section 71(1) is amended as follows:
                     (a)    in paragraph (b) by deleting "an indictable offence" and
                            inserting instead --
15                          "   a crime ";
                     (b)    by inserting at the foot of the subsection --
                 "
                           Summary conviction penalty: in a case to which
                              paragraph (b) of the above penalty provision
20                            refers -- imprisonment for 2 years or a fine of
                              $10 000.
                                                                                       ".
           (3)   Section 72(1) is amended as follows:
                   (a) by deleting "an indictable offence" and inserting instead --
25                          "   a crime ";
                     (b)    by inserting at the foot of the subsection --
                 "
                           Summary conviction penalty: imprisonment for 2 years
                              or a fine of $10 000.
30                                                                                     ".
           (4)   Section 73(1) and (2) are repealed.

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     16.             Guardianship and Administration Act 1990 amended
           (1)       The amendments in this clause are to the Guardianship and
                     Administration Act 1990*.
                     [* Reprinted as at 22 November 2002.]
5          (2)       Schedule 1 Part B clause 12(1) and (2) are repealed and the following
                     subclauses are inserted instead --
                 "
                     (1)   A person who publishes in a newspaper or periodical
                           publication or by radio broadcast or television, or otherwise
10                         disseminates to the public or to a section of the public by
                           any means, any account of any proceedings, or of any part
                           of any proceedings, under this Act that identifies --
                             (a)      a party to the proceedings;
                             (b)      a person who is related to, or associated with, a
15                                    party to the proceedings or is, or is alleged to be, in
                                      any other way concerned in the matter to which the
                                      proceedings relate; or
                             (c)      a witness in the proceedings,
                           is guilty of a crime and is liable --
20                            (d) in the case of a body corporate, to a fine of $10 000;
                             (e)      in any other case, to imprisonment for one year or a
                                      fine of $5 000.
                           Summary conviction penalty:
                              (a) for a body corporate, a fine of $5 000;
25                              (b)      for an individual, a fine of $2 500.
                     (2)   A person who, except as permitted by regulations, publishes
                           in a newspaper or periodical publication or by radio
                           broadcast or television, or otherwise disseminates to the
                           public or to a section of the public by any means (otherwise
30                         than by the display of a notice in the premises of the Board),
                           a list of proceedings under this Act, identified by reference
                           to the names of the parties to the proceedings, that are to be
                           dealt with by the Board is guilty of a crime and is liable --
                             (a)      in the case of a body corporate, to a fine of $10 000;

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                              (b)      in any other case, to imprisonment for one year or a
                                       fine of $5 000.
                            Summary conviction penalty:
                               (a) for a body corporate, a fine of $5 000;
5                                (b)     for an individual, a fine of $2 500.
                                                                                              ".
           (3)        Schedule 1 Part B clause 12(4), (5) and (6) are repealed.

     17.              Interpretation Act 1984 amended
           (1)        The amendments in this clause are to the Interpretation Act 1984*.
10                    [* Reprinted as at 1 January 1999.
                         For subsequent amendments see 2001 Index to Legislation of
                         Western Australia, Table 1, p. 180 and Act No. 3 of 2002.]
           (2)        Section 5 is amended by inserting in the appropriate alphabetical
                      positions the following definitions --
15                    "
                            "indictable offence" has the meaning given by
                                section 67;
                            "simple offence" has the meaning given by section 67;
                            "summary conviction penalty", when used in relation
20                              to an indictable offence, has the effect provided for
                                by section 5 of The Criminal Code;
                                                                                              ".
           (3)        After section 67(1) the following subsection is inserted --
                 "
25                   (1a)   An offence designated as a crime or as a misdemeanour
                            is an indictable offence.
                                                                                              ".
     18.              Misuse of Drugs Act 1981 amended
           (1)        The amendments in this clause are to the Misuse of Drugs Act 1981*.
30                    [* Reprinted as at 11 January 2002.]


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         (2)    Section 3(1) is amended by deleting the definitions of "indictable
                offence" and "offence".

         (3)    Each of the sections in the Table to this subclause is amended --
                  (a) by deleting "an indictable offence" in each place where it
5                       occurs and in each place inserting instead --
                           "     a crime ";
                  (b)      by deleting "that indictable offence" in each place where it
                           occurs and in each place inserting instead --
                           " that crime       "; and
10                (c)      by deleting "the indictable offence" in each place where it
                           occurs and in each place inserting instead --
                           " the crime        ",
                as the case requires.
                                                   Table
                        s. 6                  s. 32A(3) in the definition of "external
                                              serious drug offence"
                        s. 7                  s. 33
                        s. 10                 s. 34

15       (4)    If this Act comes into operation before the Cannabis Control
                Act 2003 comes into operation, section 9 of the Misuse of Drugs
                Act 1981 is repealed and the following section is inserted instead --
     "
           9.           Summary trial of some indictable offences
20              (1)     If a person is charged before a court of summary
                        jurisdiction with --
                           (a)     an offence under section 6(1) in respect of a
                                   quantity of a prohibited drug referred to in
                                   Schedule III that is less than the quantity
25                                 specified in that Schedule in relation to that
                                   prohibited drug; or




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            (b)   an offence under section 7(1) in respect of a
                  number of prohibited plants of a particular
                  species or genus referred to in Schedule IV that
                  is less than the number specified in that
5                 Schedule in relation to that species or genus,
           then, except in a case where the person is charged with
           conspiring to commit the offence, the summary
           conviction penalty for the offence is that set out in
           section 34(2)(b).
10   (2)   A court of summary jurisdiction that tries a person
           summarily for a charge of an offence referred to in
           subsection (1) must be constituted by a magistrate
           sitting alone.
     (3)   If a person charged before a court of summary
15         jurisdiction with an offence that may be dealt with
           summarily under subsection (1) is, under section 5 of
           The Criminal Code, committed for trial or sentence in
           respect of the offence, the court to which the defendant
           is committed may deal with the charge despite --
20          (a)   the quantity of the prohibited drug to which the
                  charge relates being less than the quantity
                  specified in Schedule III in relation to that
                  prohibited drug; or
            (b)   the number of prohibited plants of a particular
25                species or genus to which the charge relates
                  being less than the number specified in
                  Schedule IV in relation to that species or genus.
                                                                      ".




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         (5)    If this Act comes into operation after the Cannabis Control Act 2003
                comes into operation, section 9 of the Misuse of Drugs Act 1981 is
                repealed and the following section is inserted instead --
     "
5          9.         Summary trial of some indictable offences
                (1)   If a person is charged before a court of summary
                      jurisdiction with --
                        (a)   an offence under section 6(1) in respect of a
                              quantity of a prohibited drug referred to in
10                            Schedule III that is less than the quantity
                              specified in that Schedule in relation to that
                              prohibited drug;
                        (b)   an offence under section 7(1) in respect of a
                              number of prohibited plants of a particular
15                            species or genus referred to in Schedule IV that
                              is less than the number specified in that
                              Schedule in relation to that species or genus; or
                        (c)   an offence under section 7A(1),
                      then, except in a case where the person is charged with
20                    conspiring to commit the offence, the summary
                      conviction penalty for the offence is that set out in
                      section 34(2)(b).
                (2)   A court of summary jurisdiction that tries a person
                      summarily for a charge of an offence referred to in
25                    subsection (1) must be constituted by a magistrate
                      sitting alone.




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                 (3)       If a person charged before a court of summary
                           jurisdiction with an offence that may be dealt with
                           summarily under subsection (1) is, under section 5 of
                           The Criminal Code, committed for trial or sentence in
5                          respect of the offence, the court to which the defendant
                           is committed may deal with the charge despite --
                              (a) the quantity of the prohibited drug to which the
                                    charge relates being less than the quantity
                                    specified in Schedule III in relation to that
10                                  prohibited drug; or
                             (b) the number of prohibited plants of a particular
                                    species or genus to which the charge relates
                                    being less than the number specified in
                                    Schedule IV in relation to that species or genus.
15                                                                                        ".
           (6)   Section 32A(3) is amended in the definition of "serious drug offence"
                 by deleting "indictable offence" and inserting instead --
                 "     a crime ".

     19.         National Crime Authority (State Provisions) Act 1985 amended
20         (1)   The amendments in this clause are to the National Crime Authority
                 (State Provisions) Act 1985*.
                 [* Act No. 4 of 1985.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 255.]
25         (2)   Section 23(2) is amended as follows:
                     (a)    by deleting "an indictable offence and, subject to this section,
                            is punishable, upon conviction," and inserting instead --
                            "   a crime and is punishable ";
                     (b)    by inserting at the foot of the subsection --
30               "
                           Summary conviction penalty: imprisonment for one
                              year or a fine of $2 000.
                                                                                          ".

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           (3)   Section 23(3) and (4) are repealed.

     20.         Offshore Minerals Act 2003 amended
           (1)   The amendments in this clause are to the Offshore Minerals Act
                 2003*.
5                [* Act No. 10 of 2003.]
           (2)   Section 404(3) is amended by inserting at the foot of the
                 subsection --
                 "
                       Summary conviction penalty: imprisonment for 2 years
10                        or a fine of $10 000 or both.
                                                                                           ".
           (3)   Section 404(4) and (5) are repealed.
     21.         Petroleum Act 1967 amended
           (1)   The amendments in this clause are to the Petroleum Act 1967*.
15               [* Reprinted as at 14 January 2000.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 280.]
           (2)   Section 122 is repealed and the following section is inserted instead --
     "
20           122.      Crimes and other offences
                 (1)   If the penalty provided for an offence under this Act is
                       or includes imprisonment, the offence is a crime.
                 (2)   The summary conviction penalty for an offence
                       referred to in subsection (1) is imprisonment for
25                     2 years or a fine of $10 000 or both.
                 (3)   Unless the contrary intention appears, an offence under
                       this Act, other than a crime, is punishable summarily.
                                                                                           ".




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     22.         Petroleum Pipelines Act 1969 amended
           (1)   The amendments in this clause are to the Petroleum Pipelines
                 Act 1969*.
                 [* Reprinted as at 12 May 2000.
5                   For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 281.]
           (2)   Section 66B is repealed and the following section is inserted
                 instead --
     "
10           66B.      Crimes and other offences
                 (1)   If the penalty provided for an offence under this Act is
                       or includes imprisonment, the offence is a crime.
                 (2)   Summary conviction penalty: for an offence referred to
                       in subsection (1) -- imprisonment for 2 years or a fine
15                     of $10 000 or both.
                 (3)   Unless the contrary intention appears, an offence under
                       this Act, other than a crime, is punishable summarily.
                                                                                      ".
     23.         Petroleum (Submerged Lands) Act 1982 amended
20         (1)   The amendments in this clause are to the Petroleum (Submerged
                 Lands) Act 1982*.
                 [* Reprinted as at 6 August 1999.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 283.]
25         (2)   Section 133 is repealed and the following section is inserted
                 instead --
     "
             133.      Crimes and other offences
                 (1)   If the penalty provided for an offence under this Act is
30                     or includes imprisonment, the offence is a crime.


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                 (2)     Summary conviction penalty: for an offence referred to
                         in subsection (1) -- imprisonment for 2 years or a fine
                         of $10 000 or both.
                 (3)     Unless the contrary intention appears, an offence under
5                        this Act, other than a crime, is punishable summarily.
                                                                                        ".

     24.         Police Act 1892 amended
           (1)   The amendment in this clause is to the Police Act 1892*.
           [*    Reprinted as at 12 January 2001
10               For subsequent amendments see Western Australian Legislation
                 Information Tables for 2002, Table 1, p. 304 and Acts Nos. 7 and 28
                 of 2003.]
           (2)   Section 127 is repealed.

     25.         Port Authorities Act 1999 amended
15         (1)   The amendments in this clause are to the Port Authorities Act 1999*.
                 [* Act No. 22 of 1999.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 295 and Act No. 20 of 2002 and
                    Gazette 4 March 2003 p. 711-22.]
20         (2)   Schedule 3 clause 2(1) is amended as follows:
                   (a) in the definition of "officer" by deleting the semicolon after
                        paragraph (b) and inserting a full stop instead;
                   (b)    by deleting the definition of "summary conviction penalty".

     26.         Prostitution Act 2000 amended
25         (1)   The amendment in this clause is to the Prostitution Act 2000*.
                 [* Act No. 17 of 2000.
                    For subsequent amendments see Act No. 9 of 2002.]
           (2)   Section 60 is repealed.




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     27.         Road Traffic Act 1974 amended
           (1)   The amendments in this clause are to the Road Traffic Act 1974*.
                 [* Reprinted as at 19 October 2001.
                    For subsequent amendments see 2001 Index to Legislation of
5                   Western Australia, Table 1, p. 329 and Acts Nos. 4, 5 and 7 of 2002
                    and Gazette 17 May 2002 p. 2558-60.]
           (2)   Section 59(1) is amended by deleting "an indictable offence which
                 may, subject to subsection (1a), at the election of the person charged,
                 be dealt with summarily." and inserting instead --
10               "
                           a crime and is liable to the penalty in subsection (3).
                           Summary conviction penalty: imprisonment for
                                18 months or a fine of 160PU and in any event the
                                court convicting the person shall order that he be
15                              disqualified from holding or obtaining a driver's
                                licence for a period of not less than 2 years.
                                                                                         ".
           (3)   Section 59(1a) and (1b) are repealed.
           (4)   Section 59(3) is amended as follows:
20                 (a) by inserting after "person convicted" --
                            " on indictment        ";
                     (b)    in paragraph (a) by deleting "if convicted upon indictment
                            and, at the time of the offence," and inserting instead --
                            "     if at the time of the offence   ";
25                   (c)    by deleting paragraphs (aa) and (b) and inserting the
                            following paragraphs instead --
                       "
                            (b)     in any other circumstances, to imprisonment for
                                    4 years or a fine of 400PU,
30                                                                                       ".




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     28.         Securities Industry Act 1975 amended
           (1)   The amendments in this clause are to the Securities Industry
                 Act 1975*.
                 [* Act No. 99 of 1975.]
5          (2)   Section 113 is amended by deleting "an indictable offence" and
                 inserting instead --
                 "    a crime ".
     29.         Sentencing Act 1995 amended
           (1)   The amendments in this clause are to the Sentencing Act 1995*.
10               [* Reprint 3 as at 10 October 2003.]
                    For subsequent amendments see Act No. 77 of 2003.]
           (2)   Section 112(1)(b) is amended by deleting "section 100(1)(d), (e) or
                 (f)" and inserting instead --
                 "    section 100(3)(a), (b), (c) or (d)   ".

15   30.         Statutory Corporations (Liability of Directors) Act 1996 amended
           (1)   The amendments in this clause are to the Statutory Corporations
                 (Liability of Directors) Act 1996*.
                 [* Reprinted as at 10 August 2001.
                    For subsequent amendments see 2001 Index to Legislation of
20                  Western Australia, Table 1, p. 359 and Acts Nos. 25 of 2001 and
                    30 of 2002.]

           (2)   Section 7 is amended as follows:
                     (a)   in the definition of "director" by deleting the semicolon after
                           paragraph (c) and inserting a full stop instead;
25                   (b)   by deleting the definition of "summary conviction penalty".

     31.         Western Australian Marine (Sea Dumping) Act 1981 amended

           (1)   The amendments in this clause are to the Western Australian Marine
                 (Sea Dumping) Act 1981*.



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                   [* Act No. 111 of 1981.
                      For subsequent amendments see 2001 Index to Legislation of
                      Western Australia, Table 1, p. 411.]

           (2)     Section 31 is repealed and the following section is inserted instead --
5    "
             31.         Crimes

                   (1)   An offence against section 5, 6, 7, 9, 12(5) or 29(1) is a
                         crime.
                   (2)   Summary conviction penalty: for an offence against
10                       section 5, 6, 7, 9 or 12(5) --
                           (a) for a body corporate, a fine of $5 000;
                           (b) for an individual, a fine of $2 000.
                   (3)   Summary conviction penalty: for an offence against
                         section 29(1) --
15                         (a) for a body corporate, a fine of $5 000;
                           (b) for an individual, imprisonment for one year or
                                 a fine of $2 000 or both.
                                                                                        ".
     32.           Witness Protection (Western Australia) Act 1996 amended
20         (1)     The amendment in this clause is to the Witness Protection (Western
                   Australia) Act 1996*.
                   [* Act No. 11 of 1996.
                      For subsequent amendments see 2001 Index to Legislation of
                      Western Australia, Table 1, p. 419.]
25         (2)     Section 3(1) is amended by deleting the definition of "Summary
                   Conviction Penalty".




 


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