[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
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
[Index] [Search] [Download] [Related Items] [Help]