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


CRIMINAL LAW AMENDMENT (OUT-OF-CONTROL GATHERINGS) BILL 2012

                    Western Australia


Criminal Law Amendment (Out-of-Control
          Gatherings) Bill 2012

                       CONTENTS


      Part 1 -- Preliminary
 1.   Short title                                                 2
 2.   Commencement                                                2
      Part 2 -- The Criminal Code
           amended
 3.   Act amended                                                 3
 4.   Sections 75A and 75B inserted                               3
      75A.     Term used: out-of-control gathering           3
      75B.     Organising out-of-control gathering           5

      Part 3 -- Criminal Investigation
           Act 2006 amended
 5.   Act amended                                                 8
 6.   Section 32A inserted                                        8
      32A.     Terms used                                    8
 7.   Sections 38A, 38B and 38C inserted                          8
      38A.     Authorisation to enter place or vehicle to
               prevent or disperse out-of-control
               gathering                                     8
      38B.     Entry of place or vehicle to prevent or
               disperse out-of-control gathering             9
      38C.     Offence not to comply with order relating
               to out-of-control gathering                  12
 8.   Section 128 amended                                        13
 9.   Section 153 amended                                        13




                          312--1                                  page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY



   Criminal Law Amendment (Out-of-Control
             Gatherings) Bill 2012


                               A Bill for


An Act to amend The Criminal Code and the Criminal Investigation
Act 2006 and for related purposes.



The Parliament of Western Australia enacts as follows:




                                                            page 1
     Criminal Law Amendment (Out-of-Control Gatherings) Bill 2012
     Part 1         Preliminary

     s. 1



1                           Part 1 -- Preliminary
2    1.       Short title
3             This is the Criminal Law Amendment (Out-of-Control
4             Gatherings) Act 2012.

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




     page 2
                 Criminal Law Amendment (Out-of-Control Gatherings) Bill 2012
                                  The Criminal Code amended            Part 2

                                                                            s. 3



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

4    4.     Sections 75A and 75B inserted
5           At the end of Part II Chapter IX insert:
6


7         75A.      Term used: out-of-control gathering
8           (1)     For the purposes of section 75B, a gathering of persons
9                   in a place or vehicle is an out-of-control gathering
10                  if --
11                     (a) the gathering is a gathering of 12 or more
12                          persons; and
13                    (b) 2 or more persons associated with the gathering
14                          engage in conduct of any of the following
15                          kinds --
16                             (i) trespassing on a place (as defined in
17                                  section 70A(1));
18                            (ii) behaving in a disorderly manner (as
19                                  defined in section 74A(1));
20                           (iii) unlawfully destroying or damaging
21                                  property or threatening to do so;
22                           (iv) assaulting or threatening to assault
23                                  another person or taking part in a fight;
24                            (v) doing an obscene act or indecent act in a
25                                  public place or in the sight of any
26                                  person who is in a public place;
27                           (vi) emitting, or causing to be emitted,
28                                  unreasonable noise (as defined in the
29                                  Environmental Protection Act 1986
30                                  section 3(1));


                                                                         page 3
     Criminal Law Amendment (Out-of-Control Gatherings) Bill 2012
     Part 2         The Criminal Code amended

     s. 4



1                          (vii)    driving a motor vehicle so as to cause
2                                   excessive noise or smoke in
3                                   contravention of the Road Traffic
4                                   Act 1974 section 62A;
5                          (viii)   unlawfully lighting fires or unlawfully
6                                   using fireworks;
7                           (ix)    throwing any object or releasing any
8                                   material or thing in a manner that is
9                                   likely to endanger the life, health or
10                                  safety of any person;
11                           (x)    causing an obstruction to traffic or to
12                                  the movement of pedestrians;
13                          (xi)    depositing litter or breaking glass or
14                                  other material;
15                         (xii)    contravening the Liquor Control
16                                  Act 1988 or the Misuse of Drugs
17                                  Act 1981;
18                         (xiii)   being intoxicated by liquor or an
19                                  intoxicant (as defined in section 206(1))
20                                  in a public place;
21                         (xiv)    any other conduct prescribed by the
22                                  regulations;
23                         and
24                   (c)   the gathering, or the conduct of persons
25                         associated with the gathering (taken together),
26                         causes or is likely to cause --
27                            (i) fear or alarm to any person who is not
28                                 associated with the gathering; or
29                           (ii) a substantial interference with the
30                                 lawful activities of any person; or
31                          (iii) a substantial interference with the
32                                 peaceful passage through, or enjoyment
33                                 of, a place by any person who has
34                                 lawful access to that place;

     page 4
            Criminal Law Amendment (Out-of-Control Gatherings) Bill 2012
                             The Criminal Code amended            Part 2

                                                                           s. 4



1                      and
2                (d)   the gathering is not excluded under
3                      subsection (3).
4      (2)     In subsection (1) --
5              vehicle has the meaning given in the Criminal
6              Investigation Act 2006 section 3(1).
7      (3)     For the purposes of subsection (1)(d), a gathering of
8              any of the following kinds is excluded --
9                (a) a gathering on licensed premises;
10               (b) a public meeting or procession for which a
11                     permit under the Public Order in Streets
12                     Act 1984 has been issued;
13               (c) a gathering that is primarily for the purposes of
14                     political advocacy, protest or industrial action;
15               (d) a gathering of a kind prescribed by the
16                     regulations.
17     (4)     In subsection (3) --
18             licensed premises has the meaning given in the Liquor
19             Control Act 1988 section 3(1), but does not include
20             premises to which an occasional licence granted under
21             section 59 of that Act relates.
22     (5)     For the purposes of subsection (1), a person is
23             associated with a gathering if the person --
24               (a) is attending the gathering; or
25               (b) is in the vicinity of the gathering and has
26                     attended or is proposing to attend the gathering.

27   75B.      Organising out-of-control gathering
28     (1)     In this section --
29             organise, in relation to a gathering, means to have a
30             substantial involvement in arranging, managing,
31             advertising or promoting the gathering (whether or not

                                                                     page 5
     Criminal Law Amendment (Out-of-Control Gatherings) Bill 2012
     Part 2         The Criminal Code amended

     s. 4



1                   any other organisers of the gathering know of or
2                   consent to that involvement);
3                   responsible adult, in relation to a child, means a
4                   parent, guardian or other person having responsibility
5                   for the day-to-day care of the child but does not include
6                   a person who the regulations provide is not a
7                   responsible adult.
8             (2)   A person --
9                    (a) who organises a gathering that becomes an
10                         out-of-control gathering; or
11                   (b) who --
12                           (i) is a responsible adult in relation to a
13                                child who organises a gathering that
14                                becomes an out-of-control gathering;
15                                and
16                          (ii) gives the child permission to organise
17                                the gathering or permits the gathering to
18                                occur,
19                  is guilty of an offence and is liable to imprisonment for
20                  12 months and a fine of $12 000.
21            (3)   It is a defence to a charge under subsection (2) to prove
22                  the accused person took such steps (if any) as were
23                  reasonable in the circumstances to ensure that the
24                  gathering did not become an out-of-control gathering.
25            (4)   Without limiting subsection (3), the following are
26                  examples of steps that could be taken to ensure that a
27                  gathering does not become an out-of-control
28                  gathering --
29                    (a) engaging persons to provide security services at
30                          the gathering;
31                    (b) organising the gathering in a manner that
32                          indicates that only persons invited to the
33                          gathering may attend;

     page 6
       Criminal Law Amendment (Out-of-Control Gatherings) Bill 2012
                        The Criminal Code amended            Part 2

                                                                     s. 4



1           (c)   giving notice of the gathering to the
2                 Commissioner of Police in a manner approved
3                 by the Commissioner of Police;
4           (d)   taking steps to request the attendance of police
5                 officers at the gathering as soon as practicable
6                 after becoming aware that --
7                    (i) the gathering is likely to become an
8                         out-of-control gathering; or
9                   (ii) any person is trespassing on a place
10                        where the gathering is occurring.
11   (5)   A court convicting a person of an offence under
12         subsection (2) may order the person to pay some or all
13         of the reasonable expenses of or incidental to any
14         action that was reasonably taken by police officers in
15         responding to the out-of-control gathering.
16   (6)   The order must specify that the amount is to be paid to
17         the Commissioner of Police.
18   (7)   The Sentencing Act 1995 Part 16 applies to and in
19         respect of an order made under subsection (5) as if it
20         were a compensation order made under that Part.
21




                                                                page 7
     Criminal Law Amendment (Out-of-Control Gatherings) Bill 2012
     Part 3         Criminal Investigation Act 2006 amended

     s. 5



1         Part 3 -- Criminal Investigation Act 2006 amended
2    5.       Act amended
3             This Part amends the Criminal Investigation Act 2006.

4    6.       Section 32A inserted
5             At the beginning of Part 5 Division 2 insert:
6


7           32A.    Terms used
8                   In this Division --
9                   out-of-control gathering has the meaning given in The
10                  Criminal Code section 75A;
11                  person in authority means --
12                    (a) in relation to a place -- an owner or occupier
13                          of, or person who has the control and
14                          management of, the place; or
15                    (b) in relation to a vehicle -- an owner of, or
16                          person in charge of, the vehicle.
17


18   7.       Sections 38A, 38B and 38C inserted
19            After section 37 insert:
20


21          38A.    Authorisation to enter place or vehicle to prevent or
22                  disperse out-of-control gathering
23            (1)   In this section --
24                  senior officer means a police officer who is, or is
25                  acting as, a sergeant or an officer of a rank more senior
26                  than a sergeant.




     page 8
            Criminal Law Amendment (Out-of-Control Gatherings) Bill 2012
                    Criminal Investigation Act 2006 amended       Part 3

                                                                          s. 7



1      (2)     If a senior officer reasonably suspects that --
2                (a) there is an out-of-control gathering occurring in
3                      a place or vehicle; or
4                (b) a gathering of persons occurring in a place or
5                      vehicle is likely to become an out-of-control
6                      gathering,
7              the officer may authorise the exercise of powers under
8              section 38B.
9      (3)     A senior officer's authorisation under subsection (2) --
10              (a) may be applied for and given by remote
11                    communication; and
12              (b) must specify the place or vehicle to which it
13                    applies; and
14              (c) has effect for 24 hours, or for any lesser period
15                    specified by the officer, after it is given.
16     (4)     A senior officer who under subsection (2) gives an
17             authorisation must make a written record of it, the date
18             and time it was given, and the reasons for giving it.
19     (5)     Powers under section 38B may be exercised by the
20             senior officer who gave the authorisation under
21             subsection (2) or by any other police officer.

22   38B.      Entry of place or vehicle to prevent or disperse
23             out-of-control gathering
24     (1)     Under an authorisation given under section 38A(2) in
25             relation to a gathering and a place or vehicle, as the
26             case requires, a police officer may do one or more of
27             the following --
28               (a) enter the place, or stop and enter the vehicle,
29                     for any of the purposes mentioned in
30                     paragraphs (b) to (g);



                                                                    page 9
     Criminal Law Amendment (Out-of-Control Gatherings) Bill 2012
     Part 3         Criminal Investigation Act 2006 amended

     s. 7



1                    (b)   locate, or attempt to locate, a person in
2                          authority;
3                    (c)   order any person or group of persons in or in
4                          the vicinity of the place or vehicle to leave the
5                          place or vehicle immediately;
6                    (d)   order any person or group of persons in or in
7                          the vicinity of the place or vehicle to cease any
8                          conduct of a kind described in The Criminal
9                          Code section 75A(1)(b)(i) to (xiv) or any other
10                         conduct that is unlawful;
11                   (e)   order any person or group of persons to do
12                         anything that is reasonably necessary to enable
13                         or assist any other person to comply with an
14                         order under paragraph (c) or (d) or
15                         subsection (2);
16                   (f)   take, or order any person or group of persons to
17                         take, any reasonable measures that the officer
18                         considers necessary --
19                            (i) if an out-of-control gathering is
20                                 occurring -- to prevent the
21                                 out-of-control gathering from
22                                 continuing, to restore peace and good
23                                 order, to protect the safety of any person
24                                 or to prevent damage to property; or
25                           (ii) if a gathering is occurring that is likely
26                                 to become an out-of-control
27                                 gathering -- to prevent the gathering
28                                 from becoming an out-of-control
29                                 gathering;
30                   (g)   ascertain or attempt to ascertain whether any
31                         offence has been committed under section 38C
32                         or another written law.




     page 10
       Criminal Law Amendment (Out-of-Control Gatherings) Bill 2012
               Criminal Investigation Act 2006 amended       Part 3

                                                                        s. 7



1    (2)   A police officer giving an order under subsection (1)(c)
2          may in addition do either or both of the following --
3           (a) order the person or group of persons to go
4                 beyond a reasonable distance from the place or
5                 vehicle, set by the officer;
6           (b) order the person or group of persons to obey the
7                 order or orders for a reasonable period set by
8                 the officer, but the period must not be longer
9                 than 24 hours.
10   (3)   An order under subsection (1) or (2) is to be given
11         orally and, if given to a group of persons, it is to be
12         given in a manner that is likely to be audible to all
13         persons in that group, or as many of them as
14         practicable.
15   (4)   If an order under subsection (1) or (2) is given to a
16         group of persons, it is not necessary to repeat the order
17         to each person in the group.
18   (5)   However, the fact that the police officer is not required
19         to repeat the order does not in itself give rise to any
20         presumption that each person in the group has received
21         the order.
22   (6)   A police officer may exempt a person or group of
23         persons from the effect of an order given under
24         subsection (1) or (2).
25   (7)   An exemption under subsection (6) is to be given
26         orally.
27   (8)   A person is not failing to comply with an order under
28         subsection (1) or (2) if the person is taking reasonable
29         steps to comply with the order.
30   (9)   This section does not prevent a police officer from
31         charging a person with an offence without having
32         exercised a power in this section.


                                                                     page 11
     Criminal Law Amendment (Out-of-Control Gatherings) Bill 2012
     Part 3         Criminal Investigation Act 2006 amended

     s. 7



1              (10)   Without limiting section 6(1)(b), the powers conferred
2                     by this section on a police officer are in addition to and
3                     do not derogate from any powers conferred on the
4                     police officer by another provision of this Act.

5           38C.      Offence not to comply with order relating to
6                     out-of-control gathering
7               (1)   In this section --
8                     assault has the meaning given in The Criminal Code
9                     section 222;
10                    behave in a disorderly manner has the meaning given
11                    in The Criminal Code section 74A(1);
12                    circumstances of aggravation means circumstances in
13                    which, during the commission of the offence, the
14                    offender --
15                      (a) behaves in a disorderly manner; or
16                      (b) destroys or damages the property of another
17                             person or threatens to do so; or
18                      (c) assaults or threatens to assault any person; or
19                      (d) throws any object or releases any material or
20                             thing --
21                                (i) in a manner that is likely to endanger
22                                    the life, health or safety of any person;
23                                    or
24                               (ii) in circumstances that are likely to cause
25                                    fear or alarm to any person.
26              (2)   A person commits an offence if the person fails to
27                    comply with an order given under section 38B(1)
28                    or (2).
29                    Penalty:
30                         (a) if the offence is committed in circumstances
31                              of aggravation, a fine of $18 000 or
32                              imprisonment for 3 years;

     page 12
             Criminal Law Amendment (Out-of-Control Gatherings) Bill 2012
                     Criminal Investigation Act 2006 amended       Part 3

                                                                            s. 8



1                      (b)     in any other case, a fine of $12 000 or
2                              imprisonment for 12 months.
3


4    8.    Section 128 amended
5          In section 128(1) in the definition of serious offence:
6            (a) in paragraph (c) delete "section 6(1)." and insert:
7

8                   section 6(1); or
9

10           (b)    after paragraph (c) insert:
11

12                  (d)      under section 38C(2).
13


14   9.    Section 153 amended
15         After section 153(1) insert:
16

17        (2A)     Subsection (1) does not apply to an order given under
18                 section 38B(1) or (2).
19




 


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