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This is a Bill, not an Act. For current law, see the Acts databases.
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: page 1 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. page 2 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 page 3 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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