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


CRIMINAL CODE AMENDMENT (INFRINGEMENT NOTICES) BILL 2010

                   Western Australia


Criminal Code Amendment (Infringement
           Notices) Bill 2010

                      CONTENTS


1.   Short title                                                 2
2.   Commencement                                                2
3.   The Criminal Code amended                                   2
4.   Chapter LXXIII inserted                                     2
     Chapter LXXIII -- Infringement notices
     720.     Term used: CP Act                             2
     721.     Regulations to allow infringement notices
              to be issued for Code offences                2
     722.     Alleged offenders taken to be charged
              suspects for purposes of Criminal
              Investigation (Identifying People) Act 2002   3
     723.     Monitoring of Chapter by Ombudsman            4




                        151--2                                   page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                      (As amended in Committee)



    Criminal Code Amendment (Infringement
               Notices) Bill 2010


                               A Bill for


An Act to amend The Criminal Code.



The Parliament of Western Australia enacts as follows:




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     Criminal Code Amendment (Infringement Notices) Bill 2010



     s. 1




1    1.       Short title
2             This is the Criminal Code Amendment (Infringement Notices)
3             Act 2010.

4    2.       Commencement
5             This Act comes into operation as follows --
6              (a) sections 1 and 2 -- on the day on which this Act
7                    receives the Royal Assent;
8              (b) the rest of the Act -- on a day fixed by proclamation.

9    3.       The Criminal Code amended
10            This Act amends The Criminal Code.

11   4.       Chapter LXXIII inserted
12            At the beginning of Part VIII insert:
13


14                 Chapter LXXIII -- Infringement notices
15          720.     Term used: CP Act
16                   In this Chapter --
17                   CP Act means the Criminal Procedure Act 2004.

18          721.     Regulations to allow infringement notices to be
19                   issued for Code offences
20            (1)    This Code is taken to be a prescribed Act for the
21                   purposes of the CP Act Part 2.
22            (2)    The Governor may make regulations under this Code
23                   prescribing all matters that may or must be prescribed
24                   under the CP Act Part 2 to enable the CP Act Part 2 to
25                   apply to and in relation to offences under this Code.



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             Criminal Code Amendment (Infringement Notices) Bill 2010



                                                                         s. 4



1      (3)   Regulations made under subsection (2) --
2             (a) may, despite the CP Act section 5(2), prescribe
3                   any offence under this Code to be a prescribed
4                   offence for Part 2 of the CP Act; and
5             (b) may prescribe classes of person to whom an
6                   infringement notice cannot be issued for an
7                   alleged offence under this Code; and
8             (c) may prescribe circumstances in which an
9                   infringement notice cannot be issued for an
10                  alleged offence under this Code.

11   722.    Alleged offenders taken to be charged suspects for
12           purposes of Criminal Investigation (Identifying
13           People) Act 2002
14           If under the CP Act an infringement notice is issued to
15           an alleged offender for an alleged offence under this
16           Code, then --
17             (a) for the purposes of the Criminal Investigation
18                   (Identifying People) Act 2002 Part 7 and
19                   section 67 the alleged offender is taken --
20                      (i) to be a charged suspect; and
21                     (ii) to have been charged with the alleged
22                           offence;
23                   and
24             (b) without limiting the operation of section 67 of
25                   that Act, identifying information obtained
26                   under Part 7 of that Act from the alleged
27                   offender must be destroyed if --
28                      (i) the alleged offender pays the modified
29                           penalty prescribed for the offence; and
30                     (ii) destruction is requested under
31                           section 69 of that Act by or on behalf of
32                           the alleged offender;
33                   and

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     Criminal Code Amendment (Infringement Notices) Bill 2010



     s. 4



1                      (c)   that Act, with any necessary changes, applies
2                            accordingly.
3           723.     Monitoring of Chapter by Ombudsman
4              (1)   For the period of 12 months after the commencement
5                    of this section, the Ombudsman is to keep under
6                    scrutiny the operation of the provisions of this Chapter
7                    and the regulations made under this Chapter and the
8                    Criminal Investigation (Identifying People) Act 2002
9                    Part 7 and section 67.
10             (2)   The scrutiny referred to in subsection (1) is to include
11                   review of the impact of the operation of the provisions
12                   referred to in that subsection on Aboriginal and Torres
13                   Strait Islander communities.
14             (3)   For that purpose, the Ombudsman may require the
15                   Commissioner of Police or any public authority to
16                   provide information about police or the public
17                   authority's participation in the operation of the
18                   provisions referred to in subsection (1).
19             (4)   The Ombudsman must, as soon as practicable after the
20                   expiration of that 12 month period, prepare a report on
21                   the Ombudsman's work and activities under this
22                   section and furnish a copy of the report to the Minister
23                   for Police and the Commissioner of Police.
24             (5)   The Ombudsman may identify, and include
25                   recommendations in the report to be considered by the
26                   Minister about, amendments that might appropriately
27                   be made to this Act with respect to the operation of the
28                   provisions referred to in subsection (1).
29             (6)   The Minister is to lay (or cause to be laid) a copy of the
30                   report furnished to the Minister under this section
31                   before both Houses of Parliament as soon as
32                   practicable after the Minister receives the report.
33




 


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