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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Criminal Code Amendment Bill (No. 2) 2000
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. The Criminal Code amended 2
Part 2 -- Amendments about child sex
tourism
3. Section 187 inserted 3
4. Consequential amendments to Travel Agents Act 1985 3
Part 3 -- Amendments about public order
5. Section 62 amended 6
6. Sections 63 to 67 replaced and consequential
amendments to Police Act 1892 and Justices Act 1902 7
7. Section 68 replaced 9
8. Section 69 amended 10
9. Section 70 amended 10
10. Section 71 replaced 11
11. Section 72 amended 11
12. Section 73 amended 12
13. Section 74 amended 12
14. Sections 174 and 175 repealed 12
Part 4 -- Amendments about endangering
life or health
15. Section 208 amended 13
16. Sections 296 and 296A repealed 13
17. Sections 298, 299 and 300 repealed 13
18. Section 302 repealed 13
19. Sections 304 replaced 13
page i
17--1B
Criminal Code Amendment Bill (No. 2) 2000
Contents
20. Sections 306 to 312 repealed 14
Part 5 -- Other amendments
21. Amendments about offences to do with the property
of married people 15
22. Section 81 replaced 15
23. Amendments about masters, servants and apprentices 16
24. Section 283 amended 17
25. Section 321 amended 17
26. Section 370 amended 18
27. Section 399A repealed 19
28. Section 407 amended 19
29. Heading to Chapter LXI amended 19
30. Section 436 amended 19
31. Section 635 replaced 19
32. Section 635A amended 20
page ii
Western Australia
LEGISLATIVE COUNCIL
Criminal Code Amendment Bill (No. 2) 2000
A Bill for
An Act to amend The Criminal Code and to consequentially amend
the --
• Justices Act 1902;
• Police Act 1892; and
• Travel Agents Act 1985.
The Parliament of Western Australia enacts as follows:
page 1
Criminal Code Amendment Bill (No. 2) 2000
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Criminal Code Amendment Act
(No. 2) 2000.
5 2. The Criminal Code amended
The amendments in this Act are to The Criminal Code* unless
otherwise indicated.
[* Reprinted as at 2 October 1999 as the Schedule to the
Criminal Code Act 1913 appearing as Appendix B to the
10 Criminal Code Compilation Act 1913.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, pp. 57-60 and Act No. 17 of
2000.]
page 2
Criminal Code Amendment Bill (No. 2) 2000
Amendments about child sex tourism Part 2
s. 3
Part 2 -- Amendments about child sex tourism
3. 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 Division 2 of Part IIIA of the Crimes
Act 1914 of the Commonwealth.
(2) If a person does an act, including making travel
arrangements, or makes an omission, with the intention
of enabling or aiding prohibited conduct by another
20 person, the person is guilty of a crime and is liable to
imprisonment for 20 years.
".
4. Consequential amendments to Travel Agents Act 1985
(1) The amendments in this section are to the Travel Agents
25 Act 1985*.
[* Reprinted as at 22 April 1997.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 257.]
page 3
Criminal Code Amendment Bill (No. 2) 2000
Part 2 Amendments about child sex tourism
s. 4
(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
5 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";
10 (b) after paragraph (h) by deleting the full stop and inserting
instead --
" ; or ";
(c) after paragraph (h) by inserting the following
paragraph --
15 "
(i) the body corporate, or any person referred to
in paragraph (e), (g) or (h), has been found
guilty of an offence under section 187 of
The Criminal Code or section 50DA or 50DB
20 of the Crimes Act 1914 of the Commonwealth.
".
(4) After section 21(4) the following subsection is inserted --
"
(4a) If it appears to the Chairman, whether or not as result
25 of an objection lodged under subsection (1), that there
are grounds for believing that a 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, the Chairman shall arrange for
30 the Tribunal to hold an inquiry into the truth of the
matter.
".
page 4
Criminal Code Amendment Bill (No. 2) 2000
Amendments about child sex tourism Part 2
s. 4
(5) Section 21(6) is amended by inserting after "subsection (4)" --
" or (4a) ".
(6) After section 22(1) the following subsection is inserted --
"
5 (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 --
10 (a) shall, under subsection (1)(e), disqualify the
licensee permanently --
(i) from being a licensee;
(ii) from being concerned in the direction,
management or conduct of the business
15 of a travel agent; and
(iii) from being an officer of a body
corporate that is a licensee;
and
(b) may, in addition and subject to subsection (4),
20 take any one or more of the other courses of
action described in subsection (1).
".
(7) Section 30(1) is amended as follows:
(a) by deleting "or" after paragraph (d);
25 (b) by inserting after paragraph (d) the following --
"
(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
30 of the Commonwealth; or
".
page 5
Criminal Code Amendment Bill (No. 2) 2000
Part 3 Amendments about public order
s. 5
Part 3 -- Amendments about public order
5. 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 first paragraph by deleting ", with intent to carry
out some common purpose,";
(c) in the first paragraph by deleting "tumultuously" in the
2 places where it occurs;
10 (d) in the second paragraph by inserting before "It is" the
subsection designation "(2)";
(e) in the second paragraph by deleting "with a common
purpose";
(f) in the third paragraph by inserting before "An assembly"
15 the subsection designation "(3)";
(g) in the third paragraph by deleting "break and";
(h) in the fourth paragraph by inserting before "When" the
subsection designation "(4)";
(i) in the fourth paragraph by deleting "so tumultuous" and
20 inserting instead --
" such ".
page 6
Criminal Code Amendment Bill (No. 2) 2000
Amendments about public order Part 3
s. 6
6. Sections 63 to 67 replaced and consequential amendments to
Police Act 1892 and Justices Act 1902
(1) Sections 63 to 67 are repealed and the following sections are
inserted instead --
5 "
63. Taking part in an unlawful assembly
Any person who takes part in an unlawful assembly is
guilty of a simple offence and is liable to imprisonment
for 2 years.
10 64. Unlawful assembly may be ordered to disperse
(1) If 3 or more persons form an unlawful assembly, a
justice or a police officer may orally order them to
disperse.
(2) If 3 or more persons who form an unlawful assembly
15 are ordered to disperse under subsection (1), each such
person who does not disperse is guilty of a crime and is
liable to imprisonment for 4 years.
Summary conviction penalty: Imprisonment for 2 years
or a fine of $8 000.
20 (3) If a person is charged before a court of summary
jurisdiction with an offence under subsection (2), the
prosecutor may request the court to deal with the
charge summarily and, if that request is made, the court
shall deal with the charge.
25 65. Taking part in a riot
(1) Any person who takes part in a riot is guilty of a crime
and is liable to imprisonment for 5 years.
Summary conviction penalty: Imprisonment for 2 years
or a fine of $8 000.
page 7
Criminal Code Amendment Bill (No. 2) 2000
Part 3 Amendments about public order
s. 6
(2) If a person is charged before a court of summary
jurisdiction with an offence under subsection (1), the
prosecutor may request the court to deal with the
charge summarily and, if that request is made, the court
5 shall deal with the charge.
66. Rioters may be ordered to disperse
(1) If 12 or more persons are riotously assembled, a justice
or police officer may orally order them to disperse.
(2) If 12 or more persons who are riotously assembled are
10 ordered to disperse under subsection (1), each such
person who does not disperse is guilty of a crime.
(3) Any person who forcibly prevents a person from giving
an order under subsection (1) is guilty of a crime.
(4) If 12 or more persons are riotously assembled, each
15 person who continues to be so assembled knowing that
a person has been forcibly prevented from ordering
them to disperse is guilty of a crime.
(5) A person who is guilty of a crime under this section is
liable to imprisonment for 10 years.
20 67. Rioters causing damage
(1) If as a result of persons being riotously assembled any
property is unlawfully destroyed or damaged, each
person among those so assembled is guilty of a crime
and is liable to imprisonment for 10 years.
25 (2) If the property is destroyed or damaged by fire, each
person is liable to imprisonment for 14 years.
".
page 8
Criminal Code Amendment Bill (No. 2) 2000
Amendments about public order Part 3
s. 7
(2) Section 54A of the Police Act 1892* is repealed.
[* Reprinted as at 1 April 2000.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, pp. 194-6 and Acts Nos. 17 and
5 24 of 2000.]
(3) Section 98 of the Justices Act 1902* is amended as follows:
(a) in subsection (2) by inserting after "section" where it
occurs first --
" 64(3), 65(2) or ";
10 (b) in subsection (3) by inserting after "section" where it
occurs first --
" 64(3), 65(2) or ".
[* Reprinted as at 2 October 1999.
For subsequent amendments see 1999 Index to Legislation of
15 Western Australia, Table 1, pp. 127-30.]
7. Section 68 replaced
Section 68 is repealed and the following section is inserted
instead --
"
20 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
circumstances that are likely to cause fear to any
person is guilty of a crime and is liable to
25 imprisonment for 7 years.
Summary conviction penalty: Imprisonment for 3 years
or a fine of $12 000.
page 9
Criminal Code Amendment Bill (No. 2) 2000
Part 3 Amendments about public order
s. 8
(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.
(3) A court that convicts a person of an offence under
5 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.
".
8. Section 69 amended
10 Section 69 is amended as follows:
(a) in the first paragraph by inserting before "Any person"
the subsection designation "(1)";
(b) in the first paragraph by deleting "misdemeanour" and
inserting instead --
15 " crime ";
(c) in the first paragraph by deleting "one year" and
inserting instead --
" 2 years ";
(d) by inserting at the foot of the first paragraph --
20 "
Summary conviction penalty: Imprisonment for
6 months or a fine of $2 000.
";
(e) in the second paragraph by inserting before "It is" the
25 subsection designation "(2)".
9. Section 70 amended
Section 70 is amended as follows:
(a) by deleting "misdemeanour" and inserting instead --
" crime ";
page 10
Criminal Code Amendment Bill (No. 2) 2000
Amendments about public order Part 3
s. 10
(b) by deleting "one year" and inserting instead --
" 2 years ";
(c) by inserting at the foot of the section --
"
5 Summary conviction penalty: Imprisonment for
6 months or a fine of $2 000.
".
10. Section 71 replaced
Section 71 is repealed and the following section is inserted
10 instead --
"
71. Fighting in public likely to cause fear
A person who in, or in view of, a public place takes
part in a fight with another person in circumstances that
15 are likely to cause fear to any person is guilty of a
crime, and is liable to imprisonment for 2 years.
Summary conviction penalty: Imprisonment for
6 months or a fine of $2 000.
".
20 11. Section 72 amended
Section 72 is amended as follows:
(a) by deleting "misdemeanour" and inserting instead --
" crime ";
(b) by deleting "3 years" and inserting instead --
25 " 2 years ";
(c) by inserting at the foot of the section --
"
Summary conviction penalty: Imprisonment for
6 months or a fine of $2 000.
30 ".
page 11
Criminal Code Amendment Bill (No. 2) 2000
Part 3 Amendments about public order
s. 12
12. Section 73 amended
Section 73 is amended as follows:
(a) by deleting "misdemeanour" and inserting instead --
" crime ";
5 (b) by deleting "one year" and inserting instead --
" 2 years ";
(c) by inserting at the foot of the section --
"
Summary conviction penalty: Imprisonment for
10 6 months or a fine of $2 000.
".
13. Section 74 amended
Section 74 is amended as follows:
(a) by deleting "misdemeanour" and inserting instead --
15 " crime ";
(b) by deleting "one year" and inserting instead --
" 3 years ";
(c) by repealing the paragraph beginning with "If the
offence";
20 (d) by inserting at the foot of the section --
"
Summary conviction penalty: Imprisonment for
one year or a fine of $4 000.
".
25 14. Sections 174 and 175 repealed
Sections 174 and 175 are repealed.
page 12
Criminal Code Amendment Bill (No. 2) 2000
Amendments about endangering life or health Part 4
s. 15
Part 4 -- Amendments about endangering life
or health
15. Section 208 amended
Section 208 is amended by deleting "unfit for human
5 consumption, or".
16. Sections 296 and 296A repealed
Sections 296 and 296A are repealed.
17. Sections 298, 299 and 300 repealed
Sections 298, 299 and 300 are repealed.
10 18. Section 302 repealed
Section 302 is repealed.
19. Section 304 replaced
Section 304 is repealed and the following section is 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 --
20 (a) bodily harm is caused to any person; or
(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.
25 Summary conviction penalty: Imprisonment for 2 years
or a fine of $8 000.
page 13
Criminal Code Amendment Bill (No. 2) 2000
Part 4 Amendments about endangering life or health
s. 20
(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 do any of the following --
(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;
(g) compel the doing of an act by a person who is
lawfully entitled to abstain from doing that act.
".
25 20. Sections 306 to 312 repealed
Sections 306 to 312 are repealed.
page 14
Criminal Code Amendment Bill (No. 2) 2000
Other amendments Part 5
s. 21
Part 5 -- Other amendments
21. Amendments about offences to do with the property of
married people
(1) Section 35 is repealed.
5 (2) Section 377 is repealed.
(3) Section 584(7) is repealed.
22. Section 81 replaced
Section 81 is repealed and the following section is inserted
instead --
10 "
81. Disclosing official secrets
(1) In this section --
"disclosure", in relation to information in a record,
includes parting with possession of the record;
15 "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
services for the purposes of --
(a) the State of Western Australia;
20 (b) the Public Service;
(c) the Police Force of Western Australia;
"information" includes false information, opinions
and reports of conversations;
"official information" means information, whether in
25 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;
page 15
Criminal Code Amendment Bill (No. 2) 2000
Part 5 Other amendments
s. 23
"public servant" means a person employed in the
Public Service;
"unauthorised disclosure" means --
(a) the disclosure by a person who is a public
5 servant or government contractor of official
information that the person is under a duty
not to disclose; or
(b) the disclosure by a person who has been a
public servant or government contractor of
10 official information that, were the person
still a public servant or government
contractor, the person would be under a duty
not to disclose.
(2) A person who, without lawful authority, makes an
15 unauthorised disclosure is guilty of a crime and is
liable to imprisonment for 2 years.
".
23. Amendments about masters, servants and apprentices
(1) Section 245 is amended by deleting "or in the relation of master
20 or servant,".
(2) Section 257 is amended as follows:
(a) by deleting "or master";
(b) by deleting ", pupil, or apprentice," and inserting
instead --
25 " or pupil ".
(3) Section 264 is repealed.
(4) Section 303 is repealed.
(5) Section 372(3) is repealed.
page 16
Criminal Code Amendment Bill (No. 2) 2000
Other amendments Part 5
s. 24
24. Section 283 amended
Section 283 is amended by deleting "where the person is
convicted of an offence under this section upon an indictment
charging her with the crime of infanticide," and inserting
5 instead --
"
if the person commits the offence in circumstances
that, had the other person died, would constitute the
crime of infanticide,
10 ".
25. Section 321 amended
(1) Section 321(5) is repealed and the following subsection is
inserted instead --
"
15 (5) A person who procures, incites, or encourages a child
to do an indecent act is guilty of a crime and is liable to
the punishment in subsection (8).
".
(2) Section 321(10) is amended by deleting ", (4) or (6)" and
20 inserting instead --
" or (4) ".
(3) After section 321(10) the following subsections are inserted --
"
(11) It is a defence to a charge under subsection (5) to
25 prove --
(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.
page 17
Criminal Code Amendment Bill (No. 2) 2000
Part 5 Other amendments
s. 26
(12) For the purposes of subsection (11) an indecent act is a
private conjugal act if --
(a) it is not committed in the presence of, or
viewed by, any person other than a person
5 lawfully married to the child; and
(b) no photograph, film, videotape or other
recording is made of it other than for the
exclusive and private use of the child and a
person lawfully married to the child.
10 (13) It is a defence to a charge under subsection (6) to
prove --
(a) that the accused person was lawfully married to
the child; and
(b) that the indecent recording was made for the
15 exclusive and private use of the child and the
accused person.
".
26. Section 370 amended
(1) Section 370 is amended by inserting before the paragraph
20 beginning "The term "animal"" the following paragraph --
"
An animal being reared by aquaculture is capable of
being stolen while it is in a bed, fishery or other place
which is the property of any person and which is
25 designated as being the property of or under the control
or management of a person.
".
(2) Section 370 is amended by deleting the paragraph beginning
"Oysters".
page 18
Criminal Code Amendment Bill (No. 2) 2000
Other amendments Part 5
s. 27
27. Section 399A repealed
Section 399A is repealed.
28. Section 407 amended
Section 407 is amended by deleting "a crime" in paragraphs (a),
5 (d) and (e) and in each place inserting instead --
" an offence ".
29. Heading to Chapter LXI amended
The heading to Chapter LXI is amended by deleting ": BAIL".
30. Section 436 amended
10 Section 436 is amended by deleting paragraph (1) and inserting
the following paragraph instead --
"
(1) Uses, for the purpose of taking any animal being
reared by aquaculture, any net or instrument
15 within the limits of a bed, fishery or other place
which is the property of any person and which is
designated as being the property of or under the
control or management of a person, whether any
such animal is actually taken or not;
20 ".
31. Section 635 replaced
Section 635 is repealed and the following section is inserted
instead --
"
25 635. Accused's presence at trial
(1) In this section --
"trial" includes proceedings under the Sentencing
Act 1995 or the Young Offenders Act 1994.
page 19
Criminal Code Amendment Bill (No. 2) 2000
Part 5 Other amendments
s. 32
(2) This section applies whether an accused person is
being tried alone or with others.
(3) The trial of an accused person must take place in his or
her presence unless this section or the Sentencing
5 Act 1995 provides otherwise.
(4) The court may order the trial of an accused person to
proceed in his or her absence if it is satisfied --
(a) that the accused person's interests will not be
prejudiced by his or her absence; and
10 (b) that it is necessary for the proper administration
of justice that the trial proceed in the absence of
the accused person.
(5) Notwithstanding subsection (4), if an accused person
conducts himself or herself in a manner that makes it
15 impracticable to continue the proceedings in his or her
presence, the court may order the accused person to be
removed and the trial to proceed in his or her absence.
(6) If an accused person absents himself or herself during
the trial without leave, the court may direct a warrant to
20 be issued to arrest the accused person and bring him or
her before the court forthwith.
(7) This section does not limit the operation of section 647
or prevent a court from taking evidence from an
accused person by video link or audio link under
25 section 121 of the Evidence Act 1906.
".
32. Section 635A amended
(1) Section 635A(2) is amended as follows:
(a) by deleting the full stop after paragraph (c) and inserting
30 instead a semicolon;
page 20
Criminal Code Amendment Bill (No. 2) 2000
Other amendments Part 5
s. 32
(b) by inserting after paragraph (c) the following paragraph --
"
(d) make an order prohibiting or restricting the
publication outside the court-room of any
5 matter likely to lead members of the public to
identify a victim of an offence with which a
trial or other criminal proceeding is concerned.
".
(2) After section 635A(4) the following subsection is inserted --
10 "
(4a) After a person is accused of an offence under section
338E, 396, 397, 398 or 399, no matter likely to lead
members of the public to identify the victim of the
offence shall be published except by leave of the court
15 which has or may have jurisdiction to try the person for
the offence.
".
(3) Section 635A(5) is amended by inserting after "this section" --
" , or who contravenes subsection (4a), ".
20 (4) After section 635A(5) the following subsection is inserted --
"
(5a) It is a defence to a charge under subsection (5) in
relation to a contravention of an order made under
subsection (1)(d) or a contravention of subsection (4a)
25 to prove --
(a) that prior to the publication of the matter the
victim, in writing, authorized the publication;
and
(b) that at the time the victim authorized the
30 publication, the victim was at least 18 years of
page 21
Criminal Code Amendment Bill (No. 2) 2000
Part 5 Other amendments
s. 32
age and was not a person who, because of
mental impairment, is incapable of making
reasonable judgments in respect of the
publication of such matter.
5 ".
(5) Section 635A(6) is amended by inserting after "this section" --
" or a contravention of subsection (4a) ".
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