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


COURT JURISDICTION LEGISLATION AMENDMENT BILL 2017

                  Western Australia


Court Jurisdiction Legislation Amendment
                 Bill 2017

                     Contents

      Part 1 -- Preliminary
1.    Short title                           2
2.    Commencement                          2
      Part 2 -- District Court of Western
           Australia Act 1969 amended
3.    Act amended                           3
4.    Section 42 amended                    3
5.    Section 89A amended                   3
      Part 3 -- The Criminal Code
           amended
6.    Act amended                           5
7.    Section 338B amended                  5
8.    Section 401 amended                   5
9.    Section 409 amended                   5
10.   Section 426 amended                   6
11.   Section 527 amended                   6




                       40--1                page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY


    Court Jurisdiction Legislation Amendment
                     Bill 2017

                               A Bill for


An Act to amend the District Court of Western Australia Act 1969 and
The Criminal Code to alter the criminal jurisdiction boundaries
between the Supreme Court, District Court and Magistrates Court.



The Parliament of Western Australia enacts as follows:




                                                              page 1
    Court Jurisdiction Legislation Amendment Bill 2017
    Part 1           Preliminary

    s. 1



1                          Part 1 -- Preliminary
2   1.       Short title
3            This is the Court Jurisdiction Legislation Amendment Act 2017.

4   2.       Commencement
5            This Act comes into operation as follows --
6             (a) Part 1 -- on the day on which this Act receives the
7                   Royal Assent;
8             (b) the rest of the Act -- on a day fixed by proclamation,
9                   and different days may be fixed for different provisions.




    page 2
                                  Court Jurisdiction Legislation Amendment Bill 2017
                 District Court of Western Australia Act 1969 amended         Part 2

                                                                                s. 3



1               Part 2 -- District Court of Western Australia
2                           Act 1969 amended
3    3.          Act amended
4                This Part amends the District Court of Western Australia
5                Act 1969.

6    4.          Section 42 amended
7                Delete section 42(2) and insert:
8

9                (2)   The Court does not have jurisdiction to try an accused
10                     person charged with an indictable offence that is --
11                       (a) a crime under The Criminal Code section 279,
12                            280, 283, 288 or 290; or
13                      (b) an offence, or offence of a class, prescribed in
14                            the regulations.
15


16   5.          Section 89A amended
17        (1)    Before section 89A(1) insert:
18

19              (1A)   The Governor may make regulations prescribing
20                     matters --
21                      (a) required or permitted to be prescribed by this
22                             Act; or
23                      (b) necessary or convenient to be prescribed for
24                             giving effect to this Act.
25




                                                                             page 3
     Court Jurisdiction Legislation Amendment Bill 2017
     Part 2           District Court of Western Australia Act 1969 amended

     s. 5



1       (2)   In section 89A(1) delete "The" and insert:
2

3             Without limiting subsection (1A), the
4

5       (3)   In section 89A(2) delete "subsection (1)," and insert:
6

7             subsection (1A) or (1),
8

9             Note: The heading to amended section 89A is to read:
10                  Regulations




     page 4
                       Court Jurisdiction Legislation Amendment Bill 2017
                               The Criminal Code amended           Part 3

                                                                      s. 6



1           Part 3 -- The Criminal Code amended
2    6.   Act amended
3         This Part amends The Criminal Code.

4    7.   Section 338B amended
5         In section 338B delete the Summary conviction penalty and
6         insert:
7

8              Summary conviction penalty:
9                 (a) in a case to which paragraph (a) above
10                     applies: imprisonment for 3 years and a fine
11                     of $36 000; or
12                (b) in a case to which paragraph (b) above
13                     applies: imprisonment for 18 months and a
14                     fine of $18 000.
15


16   8.   Section 401 amended
17        In section 401(3) delete "$10 000" and insert:
18

19        $50 000
20


21   9.   Section 409 amended
22        In section 409(2) delete "$10 000" and insert:
23

24        $50 000
25




                                                                  page 5
     Court Jurisdiction Legislation Amendment Bill 2017
     Part 3           The Criminal Code amended

     s. 10



1    10.      Section 426 amended
2             In section 426(2) delete "$10 000," and insert:
3

4             $50 000,
5


6    11.      Section 527 amended
7             In section 527(2) delete "$10 000" and insert:
8

9             $50 000
10


11




 


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