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


CRIMINAL PROCEDURE AND APPEALS (CONSEQUENTIAL PROVISIONS) BILL 2004

                        Western Australia


Criminal Procedure and Appeals (Consequential
       and Other Provisions) Bill 2004

                           CONTENTS


       Part 1 -- Preliminary
 1.    Short title                                       2
 2.    Commencement                                      2
 3.    Interpretation Act 1984, operation of             2
       Part 2 -- Various Acts repealed
 4.    Criminal Procedure (Summary) Act 1902 repealed
       and transitional provision                        3
 5.    Grand Jury Abolition Act Amendment Act 1883
       repealed                                          3
       Part 3 -- Bail Act 1982 amended
 6.    The Act amended in this Part                      4
 7.    Section 48 amended                                4
 8.    Section 49 amended                                4
 9.    Section 54 amended                                5
 10.   Schedule 1 Part A amended                         6
 11.   Small amendments                                  7
       Part 4 -- Children's Court of Western
            Australia Act 1988 amended
 12.   The Act amended in this Part                     10
 13.   Section 19B amended                              10
 14.   Section 20 amended                               10
 15.   Section 41 replaced                              11
 16.   Section 42A inserted                             11
 17.   Section 43 amended                               11
 18.   Small amendments                                 12


                             335--2                      page i
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004



Contents


           Part 5 -- The Criminal Code amended
   19.     The Criminal Code amended                             14
   20.     Section 360 amended                                   14
   21.     Heading to Part VIII replaced                         14
   22.     Chapters LXI and LXII repealed                        15
   23.     Heading to Chapter LXIII replaced                     15
   24.     Chapters LXIV to LXIX repealed                        15
   25.     Chapter LXXIII repealed                               15
   26.     Section 730 inserted                                  15
   27.     Amendments about previous convictions                 15
   28.     Other repeals and amendments                          16
           Part 6 -- Director of Public Prosecutions
                Act 1991 amended
   29.     The Act amended in this Part                          17
   30.     Section 16A inserted                                  17
   31.     Small amendments                                      18

           Part 7 -- District Court of Western
                Australia Act 1969 amended
   32.     The Act amended in this Part                          19
   33.     Section 5 amended                                     19
   34.     Section 43 replaced                                   19
   35.     Sections 46 to 49 repealed                            19
           Part 8 -- Evidence Act 1906 amended
   36.     The Act amended in this Part                          20
   37.     Section 106H amended                                  20
   38.     Section 106RA inserted                                20
   39.     Section 106T amended                                  21
   40.     Section 119 amended                                   23
   41.     Small amendments                                      23
           Part 9 -- Fines, Penalties and
                Infringement Notices Enforcement
                Act 1994 amended
   42.     The Act amended in this Part                          25
   43.     Section 21 amended                                    25
   44.     Section 58 replaced                                   26


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Criminal Procedure and Appeals (Consequential and Other Provisions)
                                                           Bill 2004



                                                           Contents


45.    Section 101B amended                                   27
46.    Small amendments                                       27
       Part 10 -- Juries Act 1957 amended
47.    The Act amended in this Part                           28
48.    Section 38 repealed                                    28
49.    Section 41 replaced                                    28
50.    Section 57A inserted                                   28
51.    Small amendments                                       29
       Part 11 -- Local Government Act 1995
            amended
52.    The Act amended in this Part                           30
53.    Section 4.97 replaced                                  30
54.    Section 9.24 replaced                                  31
       Part 12 -- Official Prosecutions
            (Defendants' Costs) Act 1973
            amended
55.    The Act amended in this Part                           32
56.    Section 4 amended                                      32

       Part 13 -- Sentencing Act 1995
            amended
57.    The Act amended in this Part                           34
58.    Section 79 replaced                                    34
59.    Section 84E replaced                                   36
60.    Section 114A inserted                                  37
61.    Section 129 replaced                                   38
62.    Section 131 amended                                    40
63.    Section 140 amended                                    40
64.    Schedule 1 amended                                     40
65.    Small amendments                                       41
       Part 14 -- Supreme Court Act 1935
            amended
66.    The Act amended in this Part                           42
67.    Section 33 inserted                                    42
68.    Section 154 amended                                    42


                                                             page iii
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Contents


   69.     Heading to Part X amended                               43
   70.     Heading inserted                                        43
   71.     Section 178 inserted                                    43
   72.     Small amendments                                        44
           Part 15 -- Young Offenders Act 1994
                amended
   73.     The Act amended in this Part                            45
   74.     Section 55 amended                                      45
   75.     Section 60 inserted                                     45
   76.     Section 178 amended                                     46
   77.     Small amendments                                        46
           Part 16 -- Various Acts amended
   78.     Various Acts amended (Sch 1)                            47
           Part 17 -- Amendments to change
                terminology
   79.     References to "complaint" changed to "prosecution
           notice"                                                 48
   80.     Various Acts amended (Sch 2)                            48
   81.     References to "complaint" to be read as references to
           "prosecution notice"                                    48
   82.     References to "defendant" changed to "accused"          49
   83.     Bail Act 1982 amended                                   57
   84.     Criminal Law (Mentally Impaired Defendants)
           Act 1996 amended                                        58
   85.     Evidence Act 1906 amended                               59
   86.     Official Prosecutions (Defendants' Costs) Act 1973
           amended                                                 61
           Schedule 1 -- Amendments to various
               Acts
   1.      Aboriginal Affairs Planning Authority Act 1972          62
   2.      Agricultural Products Act 1929                          62
   3.      Agriculture and Related Resources Protection
           Act 1976                                                62
   4.      Architects Act 1921                                     62
   5.      Art Gallery Act 1959                                    62
   6.      Companies (Co-operative) Act 1943                       62

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                                                           Bill 2004



                                                           Contents


7.     Co-operative and Provident Societies Act 1903          62
8.     Corruption and Crime Commission Act 2003               63
9.     Criminal Law (Mentally Impaired Defendants)
       Act 1996                                               63
10.    Diamond (Argyle Diamond Mines Joint Venture)
       Agreement Act 1981                                     63
11.    Fertilizers Act 1977                                   63
12.    Finance Brokers Control Act 1975                       64
13.    Health Act 1911                                        64
14.    Industrial Relations Act 1979                          64
15.    Interpretation Act 1984                                65
16.    Land Drainage Act 1925                                 65
17.    Land Valuers Licensing Act 1978                        65
18.    Litter Act 1979                                        65
19.    Magistrates Court Act 2004                             65
20.    Minimum Conditions of Employment Act 1993              66
21.    Museum Act 1969                                        66
22.    Occupational Safety and Health Act 1984                66
23.    Police Act 1892                                        66
24.    Pollution of Waters by Oil and Noxious Substances
       Act 1987                                               66
25.    Prisons Act 1981                                       66
26.    Prostitution Act 2000                                  67
27.    Psychologists Registration Act 1976                    67
28.    Rail Safety Act 1998                                   68
29.    Road Traffic Act 1974                                  68
30.    Royal Commissions Act 1968                             68
31.    Strata Titles Act 1985                                 68
32.    Street Alignment Act 1844                              68
33.    Suitors' Fund Act 1964                                 68
34.    Transfer of Land Act 1893                              69
35.    Veterinary Preparations and Animal Feeding Stuffs
       Act 1976                                               69
36.    Weapons Act 1999                                       69
37.    Wildlife Conservation Act 1950                         69
38.    Workers' Compensation and Rehabilitation Act 1981      69
       Schedule 2 -- Amendments to change
           terminology
1.     Aboriginal Affairs Planning Authority Act 1972         71


                                                             page v
Criminal Procedure and Appeals (Consequential and Other Provisions)
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Contents


   2.      Aboriginal Communities Act 1979                        71
   3.      Aboriginal Heritage Act 1972                           72
   4.      Agricultural and Veterinary Chemicals (Western
           Australia) Act 1995                                    72
   5.      Agricultural Products Act 1929                         72
   6.      Agriculture and Related Resources Protection
           Act 1976                                               72
   7.      Animal Welfare Act 2002                                73
   8.      Architects Act 2004                                    74
   9.      Armorial Bearings Protection Act 1979                  74
   10.     Art Gallery Act 1959                                   74
   11.     Betting Control Act 1954                               74
   12.     Botanic Gardens and Parks Authority Act 1998           75
   13.     Builders' Registration Act 1939                        75
   14.     Building and Construction Industry Training Fund
           and Levy Collection Act 1990                           75
   15.     Bush Fires Act 1954                                    76
   16.     Cannabis Control Act 2003                              76
   17.     Caravan Parks and Camping Grounds Act 1995             76
   18.     Casino Control Act 1984                                76
   19.     Cemeteries Act 1986                                    76
   20.     Censorship Act 1996                                    77
   21.     Chicken Meat Industry Act 1977                         77
   22.     Child Welfare Act 1947                                 77
   23.     Children and Community Services Act 2004               78
   24.     Children's Court of Western Australia Act 1988         79
   25.     Coal Industry Tribunal of Western Australia Act 1992   80
   26.     Community Services Act 1972                            80
   27.     Companies (Co-operative) Act 1943                      80
   28.     Competition Policy Reform (Western Australia)
           Act 1996                                               80
   29.     Conservation and Land Management Act 1984              80
   30.     Construction Industry Portable Paid Long Service
           Leave Act 1985                                         81
   31.     Contaminated Sites Act 2003                            81
   32.     Control of Vehicles (Off-road Areas) Act 1978          81
   33.     Co-operative and Provident Societies Act 1903          82
   34.     Country Areas Water Supply Act 1947                    82
   35.     Country Towns Sewerage Act 1948                        82
   36.     The Criminal Code                                      82


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                                                           Bill 2004



                                                              Contents


37.    Criminal Investigation (Extra-territorial Offences)
       Act 1987                                                 83
38.    Criminal Investigation (Identifying People) Act 2002     83
39.    Criminal Law (Mentally Impaired Defendants)
       Act 1996                                                 83
40.    Criminal Property Confiscation Act 2000                  83
41.    Curtin University of Technology Act 1966                 84
42.    Dangerous Goods Safety Act 2004                          84
43.    Dental Act 1939                                          84
44.    Dental Prosthetists Act 1985                             84
45.    Director of Public Prosecutions Act 1991                 84
46.    Disability Services Act 1993                             85
47.    Dog Act 1976                                             85
48.    Edith Cowan University Act 1984                          85
49.    Electoral Act 1907                                       85
50.    Energy Operators (Powers) Act 1979                       86
51.    Environmental Protection Act 1986                        86
52.    Evidence Act 1906                                        86
53.    Exotic Diseases of Animals Act 1993                      87
54.    Fair Trading Act 1987                                    87
55.    Family Court Act 1997                                    87
56.    Fertilizers Act 1977                                     88
57.    Finance Brokers Control Act 1975                         88
58.    Fines, Penalties and Infringement Notices
       Enforcement Act 1994                                     88
59.    Firearms Act 1973                                        88
60.    First Home Owner Grant Act 2000                          89
61.    Fish Resources Management Act 1994                       89
62.    Forest Products Act 2000                                 90
63.    Gaming and Wagering Commission Act 1987                  90
64.    Government Agreements Act 1979                           91
65.    Government Railways Act 1904                             91
66.    Health Act 1911                                          91
67.    Heritage of Western Australia Act 1990                   93
68.    Home Building Contracts Act 1991                         94
69.    Human Reproductive Technology Act 1991                   94
70.    Income Tax Assessment Act 1937                           94
71.    Industrial Relations Act 1979                            94
72.    Land Drainage Act 1925                                   95
73.    Licensed Surveyors Act 1909                              95
74.    Liquor Licensing Act 1988                                96

                                                              page vii
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Contents


   75.      Litter Act 1979                                      97
   76.      Local Government Act 1995                            97
   77.      Local Government (Miscellaneous Provisions)
            Act 1960                                             98
   78.      Magistrates Court Act 2004                           98
   79.      Marine and Harbours Act 1981                         99
   80.      Maritime Archaeology Act 1973                        99
   81.      Marketing of Potatoes Act 1946                       99
   82.      Medical Act 1894                                     99
   83.      Metropolitan Water Supply, Sewerage, and Drainage
            Act 1909                                             100
   84.      Mines Safety and Inspection Act 1994                 100
   85.      Mining Act 1978                                      100
   86.      Motor Vehicle (Third Party Insurance) Act 1943       100
   87.      Motor Vehicle Dealers Act 1973                       100
   88.      Motor Vehicle Repairers Act 2003                     101
   89.      Murdoch University Act 1973                          101
   90.      Museum Act 1969                                      101
   91.      National Trust of Australia (W.A.) Act 1964          101
   92.      New Tax System Price Exploitation Code (Western
            Australia) Act 1999                                  101
   93.      Nurses Act 1992                                      101
   94.      Occupational Safety and Health Act 1984              102
   95.      Occupational Therapists Registration Act 1980        102
   96.      Official Prosecutions (Defendants' Costs) Act 1973   102
   97.      Optometrists Act 1940                                102
   98.      Painters' Registration Act 1961                      102
   99.      Pawnbrokers and Second-hand Dealers Act 1994         103
   100.     Pearling Act 1990                                    103
   101.     Perth Market Act 1926                                103
   102.     Perth Parking Management Act 1999                    103
   103.     Petroleum Products Pricing Act 1983                  104
   104.     Petroleum Safety Act 1999                            104
   105.     Pharmacy Act 1964                                    104
   106.     Pig Industry Compensation Act 1942                   104
   107.     Planning and Development Act 2004                    104
   108.     Plant Diseases Act 1914                              105
   109.     Podiatrists Registration Act 1984                    105
   110.     Poisons Act 1964                                     105
   111.     Police Act 1892                                      105
   112.     Port Authorities Act 1999                            106

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                                                           Contents


113.   Prisoners (Interstate Transfer) Act 1983              106
114.   Prisons Act 1981                                      107
115.   Prostitution Act 2000                                 107
116.   Psychologists Registration Act 1976                   107
117.   Public Meetings and Processions Act 1984              107
118.   Public Transport Authority Act 2003                   107
119.   Rail Safety Act 1998                                  108
120.   Rates and Charges (Rebates and Deferments)
       Act 1992                                              108
121.   Real Estate and Business Agents Act 1978              109
122.   Retail Trading Hours Act 1987                         109
123.   Road Traffic Act 1974                                 109
124.   Road Traffic Amendment Act (No. 2) 1987               110
125.   Road Traffic Amendment Act 2000                       110
126.   Rottnest Island Authority Act 1987                    111
127.   Sale of Land Act 1970                                 111
128.   School Education Act 1999                             111
129.   Securities Industry Act 1975                          112
130.   Seeds Act 1981                                        112
131.   Settlement Agents Act 1981                            112
132.   Soil and Land Conservation Act 1945                   112
133.   Spear-guns Control Act 1955                           113
134.   Spent Convictions Act 1988                            113
135.   Suitors' Fund Act 1964                                113
136.   Swan River Trust Act 1988                             113
137.   Taxation Administration Act 2003                      113
138.   Taxi Act 1994                                         114
139.   Transport Co-ordination Act 1966                      114
140.   Travel Agents Act 1985                                114
141.   University of Western Australia Act 1911              114
142.   Valuation of Land Act 1978                            115
143.   Veterinary Preparations and Animal Feeding Stuffs
       Act 1976                                              115
144.   Veterinary Surgeons Act 1960                          115
145.   Vexatious Proceedings Restriction Act 2002            116
146.   Water Agencies (Powers) Act 1984                      116
147.   Water Boards Act 1904                                 116
148.   Waterways Conservation Act 1976                       116
149.   Weights and Measures Act 1915                         117
150.   Western Australian College of Teaching Act 2004       117
151.   Western Australian Marine Act 1982                    117

                                                             page ix
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Contents


  152.     Western Australian Sports Centre Trust Act 1986      118
  153.     Western Australian Trotting Association Act 1946     118
  154.     The Western Australian Turf Club Act 1892            118
  155.     White Phosphorus Matches Prohibition Act 1912        118
  156.     Wildlife Conservation Act 1950                       118
  157.     Workers' Compensation and Rehabilitation Act 1981    119
  158.     Workers' Compensation and Injury Management
           Act 1981                                             119
  159.     Young Offenders Act 1994                             120
  160.     Zoological Parks Authority Act 2001                  120




page x
                           Western Australia


                     LEGISLATIVE ASSEMBLY



Criminal Procedure and Appeals (Consequential
       and Other Provisions) Bill 2004


                               A Bill for


An Act to --
•  repeal the Criminal Procedure (Summary) Act 1902; and
•  amend The Criminal Code and various Acts,
as a consequence of and in connection with the enactment of the --
•  Criminal Procedure Act 2004; and
•  Criminal Appeals Act 2004,
and to amend various Acts in relation to procedural and other
matters.



The Parliament of Western Australia enacts as follows:




                                                             page 1
     Criminal Procedure and Appeals (Consequential and Other Provisions)
     Bill 2004
     Part 1         Preliminary

     s. 1


                              Part 1 -- Preliminary
     1.         Short title
                This Act may be cited as the Criminal Procedure and Appeals
                (Consequential and Other Provisions) Act 2004.

5    2.         Commencement
          (1)   This Act comes into operation on a day fixed by proclamation.
          (2)   Different days may be fixed under subsection (1) for different
                provisions.
          (3)   For the purposes of subsection (2), each amendment in a Table
10              to a provision of this Act or in a Schedule to this Act is to be
                taken to be a separate provision of this Act.

     3.         Interpretation Act 1984, operation of
                If an enactment is repealed by this Act and is re-enacted (with
                or without modification) by the --
15                (a) Criminal Procedure Act 2004; or
                  (b) Criminal Appeals Act 2004,
                then for the purposes of the Interpretation Act 1984 section 36,
                the enactment is to be taken to have been repealed and
                re-enacted by the Act referred to in paragraph (a) or (b).




     page 2
          Criminal Procedure and Appeals (Consequential and Other Provisions)
                                                                     Bill 2004
                                          Various Acts repealed         Part 2

                                                                             s. 4


                      Part 2 -- Various Acts repealed
     4.         Criminal Procedure (Summary) Act 1902 repealed and
                transitional provision
          (1)   The Criminal Procedure (Summary) Act 1902 is repealed.
5         (2)   A reference in a written law or book, document or writing to the
                Criminal Procedure (Summary) Act 1902 is, unless the contrary
                intention appears, to be construed as if it had been amended to
                be a reference to the Criminal Procedure Act 2004.

     5.         Grand Jury Abolition Act Amendment Act 1883 repealed
10              The Grand Jury Abolition Act Amendment Act 1883 is repealed.




                                                                          page 3
     Criminal Procedure and Appeals (Consequential and Other Provisions)
     Bill 2004
     Part 3         Bail Act 1982 amended

     s. 6


                          Part 3 -- Bail Act 1982 amended
     6.             The Act amended in this Part
                    The amendments in this Part are to the Bail Act 1982*.
                    [* Reprinted as at 27 August 1999.
5                      For subsequent amendments see Western Australian
                       Legislation Information Tables for 2003, Table 1, p. 28 and
                       Acts Nos. 50 of 2003 and 4 of 2004.]

     7.             Section 48 amended
                    Section 48(5) is repealed and the following subsection is
10                  inserted instead --
                "
                    (5)   An application under subsection (1) must be made, and
                          proceedings on it are to be conducted --
                            (a) in a court of summary jurisdiction -- in
15                               accordance with regulations made under the
                                 Criminal Procedure Act 2004;
                            (b) in the Supreme Court or the District Court -- in
                                 accordance with rules of court made under the
                                 Criminal Procedure Act 2004.
20                                                                                     ".

     8.             Section 49 amended
          (1)       If the Bail Amendment Act 2004 has not come into operation
                    when this subsection comes into operation, section 49(1)(a) of
                    the Bail Act 1982 is amended by deleting "make application for
25                  payment by way of complaint to an appropriate judicial officer"
                    and inserting instead --
                    "
                          apply to an appropriate judicial officer for an order that
                          the sum be paid
30                                                                                     ".


     page 4
          Criminal Procedure and Appeals (Consequential and Other Provisions)
                                                                     Bill 2004
                                         Bail Act 1982 amended          Part 3

                                                                                   s. 9


          (2)       Section 49(2) is repealed and the following subsection is
                    inserted instead --
                "
                    (2)   An application under subsection (1) must be made, and
5                         proceedings on it are to be conducted --
                            (a) in a court of summary jurisdiction -- in
                                 accordance with regulations made under the
                                 Criminal Procedure Act 2004;
                            (b) in the Supreme Court or the District Court -- in
10                               accordance with rules of court made under the
                                 Criminal Procedure Act 2004.
                                                                                    ".

     9.             Section 54 amended
          (1)       If the Bail Amendment Act 2004 has not come into operation
15                  when this subsection comes into operation, section 54(2)(b) of
                    the Bail Act 1982 is amended by deleting "make a complaint to
                    an appropriate judicial officer as to" and inserting instead --
                    "
                          apply to an appropriate judicial officer for a summons
20                        or warrant on
                                                                                    ".
          (2)       Section 54(3) is repealed and the following subsection is
                    inserted instead --
                "
25                  (3)   An application under subsection (2)(b) must be made,
                          and proceedings on it are to be conducted --
                            (a) in a court of summary jurisdiction -- in
                                 accordance with regulations made under the
                                 Criminal Procedure Act 2004;
30                          (b) in the Supreme Court or the District Court -- in
                                 accordance with rules of court made under the
                                 Criminal Procedure Act 2004.
                                                                                    ".

                                                                                page 5
     Criminal Procedure and Appeals (Consequential and Other Provisions)
     Bill 2004
     Part 3         Bail Act 1982 amended

     s. 10


     10.             Schedule 1 Part A amended
           (1)       Schedule 1 Part A clause 1 is amended as follows:
                      (a) by inserting before "The initial" the subclause
                            designation " (1) ";
5                     (b) by deleting "court" and inserting instead --
                     "
                           a court of summary jurisdiction or the Children's Court
                                                                                                ";
                         (c)    by inserting at the foot of the clause the following
10                              subclause --
                 "
                     (2)       The initial appearance in the A judge of the District Court
                               District Court or the         or a judge of the Supreme
                               Supreme Court, not being      Court, as the case requires.
                               the initial appearance to
                               which clause 3 applies.
                                                                                                ".
           (2)       Schedule 1 Part A clause 4 is deleted and the following clause is
                     inserted instead --
15   "
             4.                Appearance in connection with appeal etc.
                     (1)       Appearance in connection        If the appeal is being
                               with an application or appeal   determined by a single judge
                               made under the Criminal         of the Supreme Court, a single
                               Appeals Act 2004 or with        judge of the Supreme Court;
                               any order made in               If the appeal is being
                               determining the application     determined by the Court of
                               or appeal.                      Appeal, the Court of Appeal
                                                               or a single judge of appeal.
                     (2)       Appearance in connection        The Children's Court.
                               with a rehearing of
                               proceedings ordered under
                               section 28 of the Children's
                               Court of Western Australia
                               Act 1988.

     page 6
           Criminal Procedure and Appeals (Consequential and Other Provisions)
                                                                      Bill 2004
                                          Bail Act 1982 amended          Part 3

                                                                                     s. 11


                  (3)   Appearance in connection     The Children's Court
                        with the reconsideration of  constituted by the President.
                        an order under section 40 of
                        the Children's Court of
                        Western Australia Act 1988.
                                                                                       ".
           (3)    Schedule 1 Part A clause 7 is deleted and the following clause is
                  inserted instead --
     "
5            7.         Interpretation in this Part
                        In this Part, unless the contrary intention appears --
                        "proceedings for an offence" in clause 2 (but not in
                             clause 1) includes any of the following proceedings
                             relating to that offence --
10                           (a)   appeal proceedings;
                             (b)   proceedings on a writ of habeas corpus; and
                             (c)   proceedings on the re-appearance of an offender
                                   under section 50 of the Sentencing Act 1995.
                                                                                       ".

15   11.          Small amendments
                  The Act is amended as set out in the Table to this section.
                                            Table
     s. 3(1)             In the definition of "prosecutor", delete "complaint, the
                         complainant" and insert instead --
                         " prosecution notice, the prosecutor ".
                         In the definition of "trial", delete "complaint" and insert
                         instead --
                         " prosecution notice ".
     s. 7A(1)            In each provision, delete "Part VIII of the Criminal Procedure
     s. 21(2)(a)         (Summary) Act 1902" and insert instead --
     s. 53(2)            " Part 2 of the Criminal Appeals Act 2004 ".
     Sch. 1 --
       Pt. C cl. 5


                                                                                   page 7
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 3         Bail Act 1982 amended

s. 11


s. 16(2)(b)     In each provision, delete "Criminal Procedure (Summary)
s. 54(5)        Act 1902" and insert instead --
                " Criminal Procedure Act 2004 ".
s. 20(3)(b)     Delete "complaint" and insert instead --
                " prosecution notice ".
s. 49(1)(c)    Delete "complaint" and insert instead --
               " application ".
s. 51(3)       Delete "Notwithstanding section 140 of the Criminal
               Procedure (Summary) Act 1902, a defendant" and insert
               instead --
               " An accused ".
s. 52(1)       Delete "bringing proceedings for" and insert instead --
               " prosecuting ".
s. 52(3)       Delete "Proceedings for an offence which is to be dealt with
               under this section shall be commenced by a complaint made in
               writing to a justice, and lodged -- " and insert instead --
               "
                     A prosecution for an offence which is to be dealt with
                     under this section shall be commenced by the
                     authorised officer (as defined in section 80 of the
                     Criminal Procedure Act 2004) who was conducting
                     the proceedings in which the accused failed to comply
                     with his bail undertaking --
                                                                            ".
s. 52(4)       Repeal the subsection and insert instead --
               "
                   (4) Subject to section 51(3) and (5), a prosecution for
                        an offence which is to be dealt with under this
                        section is to be commenced and conducted under
                        the Criminal Procedure Act 2004 as if it were a
                        prosecution of a simple offence in a court of
                        summary jurisdiction.
                                                                            ".




page 8
   Criminal Procedure and Appeals (Consequential and Other Provisions)
                                                              Bill 2004
                                  Bail Act 1982 amended          Part 3

                                                                       s. 11


s. 53(1)       Delete "(as defined in section 4 of the Criminal Procedure
               (Summary) Act 1902)" and insert instead --
               "
                  (as defined in section 6 of the Criminal Appeals
                  Act 2004)
                                                                            ".
s. 53(3)       Delete "section 195A of the Criminal Procedure (Summary)
               Act 1902" and insert instead --
               " section 13(1) of the Criminal Appeals Act 2004 ".
s. 54(5)       Repeal the subsection.
Sch. 1 Pt. C   In each provision, delete "complaint under the Criminal
cl. 3B(2)(b)   Procedure (Summary) Act 1902" and insert instead --
cl. 3B(2)(c)   " prosecution ".




                                                                     page 9
     Criminal Procedure and Appeals (Consequential and Other Provisions)
     Bill 2004
     Part 4         Children's Court of Western Australia Act 1988 amended

     s. 12


             Part 4 -- Children's Court of Western Australia
                          Act 1988 amended
     12.         The Act amended in this Part
                 The amendments in this Part are to the Children's Court of
5                Western Australia Act 1988*.
                 [* Reprinted as at 25 August 2000.
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 54 and
                    Act No. 4 of 2004.]

10   13.         Section 19B amended
                 Section 19B(3) is repealed and the following subsection is
                 inserted instead --
             "
                 (3)    If the child makes an election under subsection (1) the
15                      Court shall proceed under Part 3 Division 4 of the
                        Criminal Procedure Act 2004 as if the charge were one
                        that must be tried on indictment.
                                                                                   ".

     14.         Section 20 amended
20               Section 20 is amended as follows:
                  (a)    by inserting before "Subject to" the subsection
                         designation "(1)";
                  (b)    by inserting the following subsection --
             "
25               (2)    Section 172 of the Criminal Procedure Act 2004, with
                        any necessary changes, applies in respect of the Court
                        when it is exercising jurisdiction under subsection (1).
                                                                                   ".




     page 10
           Criminal Procedure and Appeals (Consequential and Other Provisions)
                                                                      Bill 2004
             Children's Court of Western Australia Act 1988 amended      Part 4

                                                                                  s. 15


     15.           Section 41 replaced
                   Section 41 is repealed and the following section is inserted
                   instead --
     "
5            41.         Appeals against decisions of magistrates etc.
                         Subject to this Part, an appeal against a decision of the
                         Court when constituted so as not to consist of or
                         include a Judge may be made under and subject to
                         Part 2 of the Criminal Appeals Act 2004.
10                                                                                   ".

     16.           Section 42A inserted
                   After section 42 the following section is inserted --
     "
             42A.        Appeals from judges' decisions in criminal matters
15                       Subject to section 43, an appeal against a decision or
                         judgment of the Court when constituted so as to consist
                         of or include a Judge may be made under and subject to
                         Part 3 of the Criminal Appeals Act 2004 which, with
                         any necessary changes, applies as if the decision or
20                       judgment were a decision or judgment made by a judge
                         of a superior court (as defined in section 4 of that Act)
                         in a trial by a judge alone under the Criminal
                         Procedure Act 2004.
                                                                                     ".

25   17.           Section 43 amended
                   Section 43 is amended as follows:
                     (a) by repealing subsections (1), (2), (3), (3a) and (3b);




                                                                              page 11
     Criminal Procedure and Appeals (Consequential and Other Provisions)
     Bill 2004
     Part 4         Children's Court of Western Australia Act 1988 amended

     s. 18


                  (b)    by inserting after subsection (4) --
             "
                 (5)    An appeal under subsection (4) must be commenced
                        and conducted in accordance with rules of court made
5                       by the Supreme Court.
                 (6)    An appeal under subsection (4) cannot be commenced
                        later than 21 days after the date of the Judge's finding,
                        order or other decision unless the Court of Appeal
                        orders otherwise.
10               (7)    The leave of the Court of Appeal is required for each
                        ground of appeal in an appeal under subsection (4).
                 (8)    In an appeal under subsection (4), the Court of
                        Appeal --
                          (a) may affirm, vary or set aside the Judge's
15                              finding, order or other decision;
                          (b) may make any finding, order or other decision
                                that the Judge could have made;
                          (c) if it sets aside the Judge's finding, order or
                                other decision, may order the application
20                              concerned be dealt with again.
                                                                                       ".

     18.         Small amendments
                 The Act is amended as set out in the Table to this section.
                                           Table
     s. 4(2)             In each provision, delete "Criminal Procedure (Summary)
     s. 37(2)            Act 1902" and insert instead --
                         " Criminal Procedure Act 2004 ".
     s. 19B(1)(b)        In subparagraph (ii), delete "section 99(2) of the Criminal
                         Procedure (Summary) Act 1902" and insert instead --
                         " section 40(2) of the Criminal Procedure Act 2004 ".




     page 12
   Criminal Procedure and Appeals (Consequential and Other Provisions)
                                                              Bill 2004
     Children's Court of Western Australia Act 1988 amended      Part 4

                                                                           s. 18


s. 19B(4)(a)(i)    Delete "section 611B of The Criminal Code" and insert
                   instead --
                   " section 95 of the Criminal Procedure Act 2004 ".
s. 19B(4)(c)       Delete "Part VIII of The Criminal Code" and insert instead --
                   " Part 4 or 5 of the Criminal Procedure Act 2004 ".
                   Delete "and The Criminal Code" and insert instead --
                   " and the Criminal Procedure Act 2004 ".
s. 19C(1)         Delete "then -- " and the rest of the subsection and insert
                  instead --
                  "
                         then the Court shall proceed under Part 3 Division 4
                         of the Criminal Procedure Act 2004 as if the charge
                         were one that must be tried on indictment.
                                                                               ".
s. 32             Repeal the section.
s. 42(1)           Delete "Part VIII of the Criminal Procedure (Summary)
                   Act 1902" and insert instead --
                   " Part 2 of the Criminal Appeals Act 2004 ".




                                                                        page 13
     Criminal Procedure and Appeals (Consequential and Other Provisions)
     Bill 2004
     Part 5         The Criminal Code amended

     s. 19


                   Part 5 -- The Criminal Code amended
     19.         The Criminal Code amended
                 The amendments in this Part are to The Criminal Code*.
                 [* Reprint 10 as at 7 February 2003 (see the Schedule to the
5                   Criminal Code Act 1913 appearing as Appendix B to the
                    Criminal Code Compilation Act 1913).
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 95 and
                    Acts Nos. 50 and 78 of 2003 and 4 of 2004.]

10   20.         Section 360 amended
                 Section 360 is amended as follows:
                   (a) by inserting before "Any person" the subsection
                        designation "(1)";
                  (b) by inserting before "If the offender" the subsection
15                      designation "(2)";
                   (c) by inserting the following subsection --
             "
                 (3)   A person charged with the unlawful publication of
                       defamatory matter, who sets up as a defence that the
20                     defamatory matter is true, and that it was for the public
                       benefit that the publication should be made, must plead
                       that matter specially, and may plead it with any other
                       plea, except the plea of guilty.
                                                                                   ".

25   21.         Heading to Part VIII replaced
                 The heading to Part VIII is deleted and the following heading is
                 inserted instead --
     "
                            Part VIII -- Miscellaneous
30                                                                                 ".


     page 14
           Criminal Procedure and Appeals (Consequential and Other Provisions)
                                                                      Bill 2004
                                     The Criminal Code amended           Part 5

                                                                             s. 22


     22.         Chapters LXI and LXII repealed
                 Chapters LXI and LXII are repealed.

     23.         Heading to Chapter LXIII replaced
                 The heading to Chapter LXIII is deleted and the following
5                heading is inserted instead --
     "
                        Chapter LXIII -- Alternative verdicts
                                                                                 ".

     24.         Chapters LXIV to LXIX repealed
10               Chapters LXIV, LXIVA, LXV, LXVI, LXVII, LXVIII and
                 LXIX are repealed.

     25.         Chapter LXXIII repealed
                 Chapter LXXIII is repealed.

     26.         Section 730 inserted
15               Before section 731 the following section is inserted in
                 Chapter LXXIV --
     "
             730.     Forfeitures, escheats etc. abolished
                       Forfeitures (except under a written law), escheats,
20                     attainders and corruptions of blood on account of crime
                       or conviction stand abolished.
                                                                                 ".

     27.         Amendments about previous convictions
           (1)   Section 52 is amended by repealing the paragraph that begins
25               "If he has been".
           (2)   Section 378(12) is repealed.



                                                                           page 15
    Criminal Procedure and Appeals (Consequential and Other Provisions)
    Bill 2004
    Part 5         The Criminal Code amended

    s. 28


          (3)   Section 407 is amended by repealing the paragraph that begins
                "If the offender".

    28.         Other repeals and amendments
                The Criminal Code is amended as set out in the Table to this
5               section.
                                         Table
     s. 3(4)             Repeal the subsection.
     s. 5(5)(b)          Delete "Part V of the Criminal Procedure (Summary)
                         Act 1902" and insert instead --
                         " section 41 of the Criminal Procedure Act 2004 ".
     s. 5(9)(a)          After "guilty" insert --
                         " or otherwise ".
     s. 133A             Delete "makes or swears a complaint under the Criminal
                         Procedure (Summary) Act 1902" and insert instead --
                         "
                            signs a prosecution notice under the Criminal
                            Procedure Act 2004
                                                                                     ".
     Ch. LXXII           In the heading to Chapter LXXII, delete ": Restitution of
                         property unlawfully acquired".
     s. 733              Repeal the section.
     s. 739              Repeal the section.
     s. 740              Repeal the section.
     s. 741              Repeal the section.
     s. 744              Repeal the section.
     s. 745              Repeal the section.
     s. 746              Repeal the section.
     s. 746A             Repeal the section.
     s. 747              Repeal the section.




    page 16
           Criminal Procedure and Appeals (Consequential and Other Provisions)
                                                                      Bill 2004
                  Director of Public Prosecutions Act 1991 amended       Part 6

                                                                              s. 29


           Part 6 -- Director of Public Prosecutions Act 1991
                               amended
     29.        The Act amended in this Part
                The amendments in this Part are to the Director of Public
5               Prosecutions Act 1991*.
                [* Reprinted as at 1 June 2001.
                   For subsequent amendments see Western Australian
                   Legislation Information Tables for 2003, Table 1, p. 104-5.]

     30.        Section 16A inserted
10              After section 16 the following section is inserted --
     "
             16A.     Prosecuting offences of other jurisdictions
                (1)   If the Director, with the consent of the Attorney
                      General, holds an appointment to prosecute offences in
15                    the laws of another jurisdiction, it is a function of the
                      Director to commence and conduct prosecutions for
                      those offences in accordance with the terms of the
                      appointment.
                (2)   If a member of the Director's staff, with the consent of
20                    the Attorney General, holds an appointment to
                      prosecute offences in the laws of another jurisdiction,
                      the member may commence and conduct prosecutions
                      for those offences in accordance with the terms of the
                      appointment.
25                                                                                ".




                                                                           page 17
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 6         Director of Public Prosecutions Act 1991 amended

s. 31


31.       Small amendments
          The Act is amended as set out in the Table to this section.
                                   Table

s. 13            Delete "section 693A of The Criminal Code" and insert
                 instead --
                 " section 47 of the Criminal Appeals Act 2004 ".




page 18
           Criminal Procedure and Appeals (Consequential and Other Provisions)
                                                                      Bill 2004
               District Court of Western Australia Act 1969 amended      Part 7

                                                                                  s. 32


         Part 7 -- District Court of Western Australia Act 1969
                              amended
     32.           The Act amended in this Part
                   The amendments in this Part are to the District Court of Western
5                  Australia Act 1969*.
                   [* Reprinted as at 19 January 2001.
                      For subsequent amendments see Western Australian
                      Legislation Information Tables for 2003, Table 1, p. 108.]

     33.           Section 5 amended
10                 Section 5(2) is repealed.

     34.           Section 43 replaced
                   Section 43 is repealed and the following section is inserted
                   instead --
     "
15           43.         Exercise of criminal jurisdiction
                   (1)   The jurisdiction referred to in section 42 is to be
                         exercised subject to --
                           (a) The Criminal Code; and
                           (b) the Criminal Procedure Act 2004.
20                 (2)   This Act does not affect the operation of the Criminal
                         Appeals Act 2004 in respect of decisions and
                         judgments of the Court.
                                                                                    ".

     35.           Sections 46 to 49 repealed
25                 Sections 46, 47, 48 and 49 are repealed.




                                                                               page 19
     Criminal Procedure and Appeals (Consequential and Other Provisions)
     Bill 2004
     Part 8         Evidence Act 1906 amended

     s. 36


                    Part 8 -- Evidence Act 1906 amended
     36.          The Act amended in this Part
                  The amendments in this Part are to the Evidence Act 1906*.
                  [* Reprint 12 as at 10 October 2003.
5                    For subsequent amendments see Western Australian
                     Legislation Information Tables for 2003, Table 1, p. 128 and
                     Act No. 4 of 2004.]

     37.          Section 106H amended
                  Section 106H(2b) is repealed and the following section is
10                inserted instead --
             "
                 (2b)   If a person to whom an affected child made a relevant
                        statement makes a written statement in accordance with
                        Schedule 3 clause 4(1) of the Criminal Procedure
15                      Act 2004, the written statement is admissible.
                                                                                   ".

     38.          Section 106RA inserted
                  After section 106R the following section is inserted --
     "
20           106RA. Visually recording evidence of witnesses in criminal
                    matters
                  (1)   Where a prosecution for an offence has commenced in
                        a court, a judge of the court may make an order that the
                        evidence of a person (the "witness") whose evidence is
25                      or may be relevant in the prosecution be taken at a
                        special hearing and recorded on a visual recording.
                  (2)   An order cannot be made under subsection (1) in
                        respect of a person who is an affected child.




     page 20
           Criminal Procedure and Appeals (Consequential and Other Provisions)
                                                                      Bill 2004
                                     Evidence Act 1906 amended           Part 8

                                                                                      s. 39


                      (3)   An order may be made under subsection (1) on
                            application by a party to the prosecution, on notice to
                            the other parties, or of the court's own motion.
                      (4)   The grounds on which an order may be made under
5                           subsection (1) are --
                              (a) that the witness has been declared to be a
                                   special witness under section 106R(1)(a); or
                              (b) that it is likely the witness will be out of the
                                   State at the time of the proceeding for the
10                                 offence and will not be able to give evidence at
                                   the proceeding by means of a video link or an
                                   audio link.
                      (5)   If an order is made under subsection (1) the order may
                            include directions as to the conduct of the special
15                          hearing including whether the whole of the witness's
                            evidence (including cross-examination and
                            re-examination) or only the evidence in chief is to be
                            recorded.
                      (6)   If the witness has been declared to be a special witness
20                          under section 106R(1)(a), subsection (4) does not
                            affect the operation of sections 106Q and 106R.
                      (7)   The court may at any time vary or revoke an order in
                            force under this section.
                                                                                        ".

25   39.              Section 106T amended
           (1)        After section 106T(2) the following subsections are inserted --
                 "
                     (2a)   If evidence of a witness is visually recorded under an
                            order made under section 106RA(1) on the ground in
30                          section 106RA(4)(a), the evidence is admissible in any
                            hearing in relation to the proceeding for the offence
                            concerned to the same extent as if it were given orally


                                                                                page 21
     Criminal Procedure and Appeals (Consequential and Other Provisions)
     Bill 2004
     Part 8         Evidence Act 1906 amended

     s. 39


                      in the hearing in accordance with the usual rules and
                      practice of the court concerned.
               (2b)   If evidence of a witness is visually recorded under an
                      order made under section 106RA(1) on the ground in
5                     section 106RA(4)(b), the evidence is admissible in any
                      hearing in relation to the proceeding for the offence
                      concerned to the same extent as if it were given orally
                      in the hearing in accordance with the usual rules and
                      practice of the court concerned if the court is satisfied
10                    at that proceeding that --
                        (a) the witness is dead;
                        (b) the witness's medical or mental condition is
                               such that the witness is not able to give
                               evidence, or to give evidence satisfactorily, in
15                             the proceeding;
                        (c) the witness is out of the State and is not able to
                               give evidence at the proceeding by means of a
                               video link or an audio link, notwithstanding
                               that the witness might return at some future
20                             time;
                        (d) that the witness is being kept out of the way by
                               the accused; or
                        (e) that all the parties consent and that the interests
                               of justice do not require the presence of the
25                             witness.
               (2c)   If under subsection (2a) or (2b), the evidence of a
                      witness recorded on a visual recording is admitted into
                      evidence in a hearing, the witness need not be present
                      at the hearing.
30             (2d)   If there is a prospect that the witness referred to in
                      subsection (2b) might recover or return, the court need
                      not admit the evidence but may adjourn the hearing.
                                                                                  ".


     page 22
           Criminal Procedure and Appeals (Consequential and Other Provisions)
                                                                      Bill 2004
                                     Evidence Act 1906 amended           Part 8

                                                                                          s. 40


           (2)       Section 106T(3) is amended as follows:
                      (a) by deleting "subsection (1) or (2)" and inserting
                            instead --
                            " subsection (1), (2), (2a) or (2b) ";
5                     (b) by inserting after "special witness" --
                            " or witness ".
           (3)       Section 106T(4) is amended by deleting "106R(1)(b)" and
                     inserting instead --
                     "     106RA   ".

10   40.             Section 119 amended
                     After section 119(4) the following subsection is inserted --
                 "
                     (5)    On an application made by a person charged with an
                            offence, the Attorney General may order that all or
15                          some of the expenses of a witness or an interpreter
                            called by the person be paid by the State.
                                                                                            ".
     41.             Small amendments
                     The Act is amended as set out in the Table to this section.
20                                              Table
     s. 8(2)                 Repeal the subsection.
     s. 25A(2)               Delete "section 635 of The Criminal Code" and insert
                             instead --
                             " section 88 of the Criminal Procedure Act 2004 ".
     s. 28                   Repeal the section.
     s. 36C(3)(a)            Delete "Criminal Procedure (Summary) Act 1902" and
                             insert instead --
                             " Criminal Procedure Act 2004 ".
     s. 106A                 In the definition of "visual recording of evidence" delete
                             "106R" and insert instead --
                             " 106RA ".


                                                                                    page 23
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 8         Evidence Act 1906 amended

s. 41


s. 106MA(3)     Delete "106R" and insert instead --
                " 106RA ".
s. 106N(1)(c)   Delete "section 635 of The Criminal Code" and insert
                instead --
                " section 88 of the Criminal Procedure Act 2004 ".
s. 106R(4)(b)   Delete the paragraph.
s. 106R(4a)     Delete "subsection (4)(b) or (c)" and insert instead --
                " subsection (4)(c) ".
                Delete "section 106K or 106N, as the case requires," and
                insert instead --
                " section 106N ".
s. 106S(1)      Delete "or 106R," and insert instead --
                " 106R or 106RA, ".
s. 107          Repeal the section and the heading "Depositions" immediately
                before it.
s. 108          Repeal the section.
Sch. 7 --        Delete "the complaint of the offence was made or, in the case
  cl. 1(1)(b)   of an indictment under section 579 of The Criminal Code, on
                the day on which the indictment was presented" and insert
                instead --
                " proceedings for the offence were commenced ".




page 24
           Criminal Procedure and Appeals (Consequential and Other Provisions)
                                                                      Bill 2004
           Fines, Penalties and Infringement Notices Enforcement Act     Part 9
                                                      1994 amended

                                                                                 s. 42


       Part 9 -- Fines, Penalties and Infringement Notices
                Enforcement Act 1994 amended
     42.         The Act amended in this Part
                 The amendments in this Part are to the Fines, Penalties and
5                Infringement Notices Enforcement Act 1994*.
                 [* Reprinted as at 2 November 2001.
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 143.]

     43.         Section 21 amended
10               Section 21(4), (5), (6), (6a) and (6b) are repealed and the
                 following subsections are inserted instead --
             "
                 (4)   If an election is made under subsection (1), the
                       Registrar must --
15                       (a) lodge with a court of summary jurisdiction that
                                has jurisdiction to deal with the alleged offence
                                and the alleged offender a prosecution notice in
                                relation to the alleged offence that contains
                                such of the information provided to the
20                              Registrar under section 16(1)(b) as will
                                sufficiently describe the prosecuting authority,
                                the alleged offender and the alleged offence;
                         (b) serve the alleged offender with a copy of the
                                prosecution notice and a court hearing notice
25                              that complies with the Criminal Procedure
                                Act 2004; and
                         (c) notify the prosecuting authority that the
                                prosecution notice has been lodged and give the
                                authority a copy of the notice and a copy of the
30                              court hearing notice referred to in
                                paragraph (b).


                                                                               page 25
     Criminal Procedure and Appeals (Consequential and Other Provisions)
     Bill 2004
     Part 9         Fines, Penalties and Infringement Notices Enforcement Act
                    1994 amended

     s. 44

                   (5)   When a prosecution notice is lodged with a court under
                         subsection (4)(a) --
                           (a) the notice is to be taken to have been made in
                                 accordance with the Criminal Procedure
5                                Act 2004, without being verified on oath, before
                                 the Registrar by the person who signed the
                                 enforcement certificate; and
                           (b) the prosecution is to be taken to have been
                                 commenced on the day when the enforcement
10                               certificate was lodged.
                                                                                    ".
     44.           Section 58 replaced
                   Section 58 is repealed and the following section is inserted
                   instead --
15   "
             58.         Amounts payable by witnesses and sureties for
                         witnesses
                         In respect of the payment of, or the enforcement of the
                         payment of --
20                         (a) any amount of a witness undertaking entered
                                 into by a person under Schedule 4 to the
                                 Criminal Procedure Act 2004 that is ordered to
                                 be forfeited under section 57 of the Bail
                                 Act 1982; or
25                         (b) any amount of a surety undertaking entered into
                                 by a person under Schedule 4 to the Criminal
                                 Procedure Act 2004 in respect of a witness that
                                 is ordered to be forfeited under section 49 of
                                 the Bail Act 1982,
30                       Part 4, with any necessary changes, applies in respect
                         of the payment of, and the enforcement of the payment
                         of, the amount as if the amount were a fine imposed on
                         the person.
                                                                                    ".

     page 26
           Criminal Procedure and Appeals (Consequential and Other Provisions)
                                                                      Bill 2004
           Fines, Penalties and Infringement Notices Enforcement Act     Part 9
                                                      1994 amended

                                                                               s. 45

     45.         Section 101B amended
                 Section 101B(1) is repealed and the following subsection is
                 inserted instead --
             "
5                (1)   For the purposes of this section a person appeals
                       against a fine, or a decision giving rise to a fine,
                       imposed on the person when the person --
                         (a) applies under section 71 of the Criminal
                               Procedure Act 2004 and pays any fee required;
10                             or
                         (b) is granted leave to appeal under Part 2 or 3 of
                               the Criminal Appeals Act 2004.
                                                                                 ".

     46.         Small amendments
15               The Act is amended as set out in the Table to this section.
                                          Table
     s. 4           Repeal the section.
     Part 5 heading Delete "or recognizances".
     s. 56(a)       After the paragraph insert --
                    " or ".
     s. 56(b)       Delete the paragraph and "or" after it.
     s. 57(a)       After the paragraph insert --
                    " or ".
     s. 57(b)       Delete the paragraph and "or" after it.




                                                                           page 27
     Criminal Procedure and Appeals (Consequential and Other Provisions)
     Bill 2004
     Part 10        Juries Act 1957 amended

     s. 47


                      Part 10 -- Juries Act 1957 amended
     47.           The Act amended in this Part
                   The amendments in this Part are to the Juries Act 1957*.
                   [* Reprinted as at 3 July 2000.
5                     For subsequent amendments see Western Australian
                      Legislation Information Tables for 2003, Table 1, p. 199 and
                      Acts Nos. 50 and 78 of 2003.]

     48.           Section 38 repealed
                   Section 38 is repealed.

10   49.           Section 41 replaced
                   Section 41 is repealed and the following section is inserted
                   instead --
     "
             41.         Jury's entitlements when together
15                       At any time when a jury in a criminal trial is required
                         to be together during any adjournment of the trial or
                         when it is considering its verdict, it is to be kept under
                         the charge of an officer of the court in a private place
                         and provided with such accommodation, food and
20                       drink as the judge may order.
                                                                                      ".

     50.           Section 57A inserted
                   Before section 58 the following section is inserted in Part X --
     "
25           57A.        Grand juries not to be summoned
                         A Grand Jury is not to be summoned for the Supreme
                         Court, a Circuit Court or the District Court.
                                                                                      ".


     page 28
      Criminal Procedure and Appeals (Consequential and Other Provisions)
                                                                 Bill 2004
                                  Juries Act 1957 amended         Part 10

                                                                            s. 51


51.        Small amendments
           The Act is amended as set out in the Table to this section.
                                     Table
s. 3(1)          In the definition of "criminal trial" delete "The Criminal Code"
                 and insert instead --
                 " the Criminal Procedure Act 2004 ".
s. 18(7)         Repeal the subsection.
s. 40            Delete ", death, or incapacity".
                 Delete "The Criminal Code" and insert instead --
                 " the Criminal Procedure Act 2004 ".




                                                                         page 29
     Criminal Procedure and Appeals (Consequential and Other Provisions)
     Bill 2004
     Part 11        Local Government Act 1995 amended

     s. 52


             Part 11 -- Local Government Act 1995 amended
     52.        The Act amended in this Part
                The amendments in this Part are to the Local Government
                Act 1995*.
5               [* Reprint 2 as at 2 April 2004.]

     53.        Section 4.97 replaced
                Section 4.97 is repealed and the following section is inserted
                instead --
     "
10           4.97.    Prosecutions
                (1)   A prosecution for an offence against this Part may be
                      commenced by the returning officer or any person
                      referred to in section 9.24(1).
                (2)   If the returning officer commences a prosecution for an
15                    offence against this Part --
                        (a) the local government is to pay any expenses
                               incurred by, and any costs awarded against, the
                               returning officer in connection with the
                               proceedings; and
20                      (b) the returning officer is to pay to the local
                               government any fees or costs paid to the
                               returning officer in respect of the proceedings.
                                                                                  ".




     page 30
           Criminal Procedure and Appeals (Consequential and Other Provisions)
                                                                      Bill 2004
                             Local Government Act 1995 amended         Part 11

                                                                            s. 54


     54.        Section 9.24 replaced
                Section 9.24 is repealed and the following section is inserted
                instead --
     "
5            9.24.    Commencing prosecutions
                (1)   A prosecution for an offence against this Act may be
                      commenced by --
                        (a) the Departmental CEO or a person authorised
                             by the Departmental CEO to do so;
10                      (b) a person who is acting in the course of his or
                             her duties as an employee of a local
                             government or a regional local government; or
                        (c) a person who is authorised to do so by a local
                             government or a regional local government.
15              (2)   A prosecution for an offence against a local law may
                      be commenced by --
                        (a) a person who is acting in the course of his or
                             her duties as an employee of the local
                             government or regional local government that
20                           made the local law; or
                        (b) a person who is authorised to do so by the local
                             government or regional local government that
                             made the local law.
                                                                                 ".




                                                                         page 31
     Criminal Procedure and Appeals (Consequential and Other Provisions)
     Bill 2004
     Part 12        Official Prosecutions (Defendants' Costs) Act 1973 amended

     s. 55


       Part 12 -- Official Prosecutions (Defendants' Costs)
                       Act 1973 amended
     55.       The Act amended in this Part
               The amendments in this Part are to the Official Prosecutions
5              (Defendants' Costs) Act 1973*.
               [* Reprinted as at 19 February 1999.
                  For subsequent amendments see Western Australian
                  Legislation Information Tables for 2003, Table 1, p. 269.]

     56.       Section 4 amended
10             Section 4(2) is amended as follows:
                (a)       by deleting paragraph (a) and inserting instead the
                          following paragraph --
                      "
                          (a)   subject to paragraph (c), is successful if --
15                                 (i) he is acquitted of the charge, other than
                                        on account of unsoundness of mind;
                                  (ii) he is discharged from the charge under
                                        section 128(2) or (3) of the Criminal
                                        Procedure Act 2004;
20                               (iii) the charge is dismissed for want of
                                        prosecution; or
                                 (iv) if his conviction of the charge is set
                                        aside;
                                                                                    ";
25              (b)       by deleting the full stop after paragraph (b) and inserting
                          instead a semicolon;




     page 32
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     Official Prosecutions (Defendants' Costs) Act 1973 amended   Part 12

                                                                              s. 56


             (c)       by inserting after paragraph (b) the following
                       paragraph --
                   "
                       (c)   is not successful if the charge is of an indictable
5                            offence and is dismissed for want of
                             prosecution by the Summary Court --
                                (i) if section 5 of The Criminal Code
                                     applies to the charge -- before the
                                     Summary Court decides under that
10                                   section that the charge is to be tried on
                                     indictment; or
                               (ii) otherwise -- before the Summary Court
                                     commits him for trial or sentence on the
                                     charge.
15                                                                                 ".




                                                                           page 33
     Criminal Procedure and Appeals (Consequential and Other Provisions)
     Bill 2004
     Part 13        Sentencing Act 1995 amended

     s. 57


                   Part 13 -- Sentencing Act 1995 amended
     57.           The Act amended in this Part
                   The amendments in this Part are to the Sentencing Act 1995*.
                   [* Reprint 3 as at 10 October 2003.
5                     For subsequent amendments see Western Australian
                      Legislation Information Tables for 2003, Table 1, p. 349 and
                      Acts Nos. 50 of 2003 and 4 of 2004.]

     58.           Section 79 replaced
                   Section 79 is repealed and the following section is inserted
10                 instead --
     "
             79.         Re-offending, alleging in court
                   (1)   If --
                           (a)   a person (the "offender") has been convicted
15                               and dealt with (in this State or elsewhere) for an
                                 offence the statutory penalty for which is or
                                 includes imprisonment; and
                          (b)    that offence was committed during the
                                 suspension period of suspended imprisonment
20                               imposed on the offender in relation to another
                                 offence,
                         a written notice alleging those matters may be lodged
                         in a court in accordance with this section.
                   (2)   The notice may be lodged at any time up until 2 years
25                       after the last day of the suspension period.
                   (3)   The notice may be signed by the CEO, a police officer,
                         or a person referred to in section 80(2)(a) to (e) of the
                         Criminal Procedure Act 2004.




     page 34
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                                                                Bill 2004
                             Sentencing Act 1995 amended         Part 13

                                                                          s. 58


          (4)   The notice must be in a prescribed form and be signed
                in the presence of a JP or a prescribed court officer (as
                defined in section 3 of the Criminal Procedure
                Act 2004) who may issue a summons to the offender.
5         (5)   If the contents of the notice are verified on oath by the
                person signing it, a magistrate, on the application of
                that person, may issue an arrest warrant for the
                offender.
          (6)   The notice must be lodged with, and the summons
10              must direct the offender to appear before, or the
                warrant must direct that the offender be brought before
                the court that imposed the suspended imprisonment.
          (7)   Sections 31 and 32 of the Criminal Procedure
                Act 2004, with any necessary changes, apply
15              respectively to and in respect of a warrant and
                summons issued under this section.
          (8)   If an offender does not obey such a summons, the court
                concerned may issue a warrant to have him or her
                arrested and brought before it.
20        (9)   If an offender is arrested under a warrant issued under
                this section, he or she must be given a copy of the
                notice as soon as practicable after being arrested.
        (10)    An offender who appears before a court as a result of a
                summons or warrant issued under this section must be
25              dealt with by the court under section 80.
                                                                            ".




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     Criminal Procedure and Appeals (Consequential and Other Provisions)
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     Part 13        Sentencing Act 1995 amended

     s. 59


     59.       Section 84E replaced
               Section 84E is repealed and the following section is inserted
               instead --
     "
5            84E.    Re-offending, alleging in court
               (1)   If --
                       (a)   a person (the "offender") has been convicted
                             and dealt with (in this State or elsewhere) for an
                             offence the statutory penalty for which is or
10                           includes imprisonment; and
                      (b)    that offence was committed during the
                             suspension period of CSI imposed on the
                             offender in relation to another offence,
                     a written notice alleging those matters may be lodged
15                   in a court in accordance with this section.
               (2)   The notice may be lodged at any time up until 2 years
                     after the last day of the suspension period.
               (3)   The notice may be signed by the CEO, a police officer,
                     or a person referred to in section 80(2)(a) to (e) of the
20                   Criminal Procedure Act 2004.
               (4)   The notice must be in a prescribed form and be signed
                     in the presence of a JP or a prescribed court officer (as
                     defined in section 3 of the Criminal Procedure
                     Act 2004) who may issue a summons to the offender.
25             (5)   If the contents of the notice are verified on oath by the
                     person signing it, a magistrate, on the application of
                     that person, may issue an arrest warrant for the
                     offender.




     page 36
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                                                                      Bill 2004
                                   Sentencing Act 1995 amended         Part 13

                                                                                s. 60


                (6)   Subject to section 84P(3), the notice must be lodged
                      with, and the summons must direct the offender to
                      appear before, or the warrant must direct that the
                      offender be brought before the court that imposed
5                     the CSI.
                (7)   Sections 31 and 32 of the Criminal Procedure
                      Act 2004, with any necessary changes, apply
                      respectively to and in respect of a warrant and
                      summons issued under this section.
10              (8)   If an offender does not obey such a summons, the court
                      concerned may issue a warrant to have him or her
                      arrested and brought before it.
                (9)   If an offender is arrested under a warrant issued under
                      this section, he or she must be given a copy of the
15                    notice as soon as practicable after being arrested.
              (10)    An offender who appears before a court as a result of a
                      summons or warrant issued under this section must be
                      dealt with by the court under section 84F.
                                                                                  ".

20   60.        Section 114A inserted
                After section 114 the following section is inserted --
     "
             114A.    Victim may appeal against refusal of reparation
                      order
25              (1)   If a victim applies to a court for a reparation order and
                      the court decides to make or to refuse to make a
                      reparation order, the victim may appeal against the
                      decision.
                (2)   The appeal must be commenced and conducted under
30                    Part 2 or 3 of the Criminal Appeals Act 2004, as the
                      case requires, which, with any necessary changes,


                                                                           page 37
     Criminal Procedure and Appeals (Consequential and Other Provisions)
     Bill 2004
     Part 13        Sentencing Act 1995 amended

     s. 61


                     applies as if a reparation order were an order that might
                     be made as a result of a conviction.
               (3)   This section does not affect the prosecutor's rights of
                     appeal under the Criminal Appeals Act 2004.
5                                                                                 ".

     61.       Section 129 replaced
               Section 129 is repealed and the following section is inserted
               instead --
     "
10           129.    Re-offending, alleging in court
               (1)   If --
                       (a)   a person (the "offender") has been convicted
                             and dealt with (in this State or elsewhere) for an
                             offence (other than an offence under
15                           section 131(1)); and
                      (b)    that offence was committed while the offender
                             was subject to a CRO or community order
                             imposed in relation to another offence,
                     a written notice alleging those matters may be lodged
20                   in a court in accordance with this section.
               (2)   The notice may be lodged at any time up until one year
                     after the CRO or community order ceases to be in
                     force.
               (3)   The notice may be signed --
25                    (a) if the offender was subject to a CRO, by the
                            CEO, a police officer, or a person referred to in
                            section 80(2)(a) to (e) of the Criminal
                            Procedure Act 2004;
                      (b) if the offender was subject to a community
30                          order, only by the CEO.



     page 38
     Criminal Procedure and Appeals (Consequential and Other Provisions)
                                                                Bill 2004
                             Sentencing Act 1995 amended         Part 13

                                                                          s. 61


          (4)   The notice must be in a prescribed form and be signed
                in the presence of a JP or a prescribed court officer (as
                defined in section 3 of the Criminal Procedure
                Act 2004) who may issue a summons to the offender.
5         (5)   If the contents of the notice are verified on oath by the
                person signing it, a magistrate, on the application of
                that person, may issue an arrest warrant for the
                offender.
          (6)   The notice must be lodged with, and the summons
10              must direct the offender to appear before, or the
                warrant must direct that the offender be brought before
                the court that imposed the CRO or community order.
          (7)   Sections 31 and 32 of the Criminal Procedure
                Act 2004, with any necessary changes, apply
15              respectively to and in respect of a warrant and
                summons issued under this section.
          (8)   If an offender does not obey such a summons, the court
                concerned may issue a warrant to have him or her
                arrested and brought before it.
20        (9)   If an offender is arrested under a warrant issued under
                this section, he or she must be given a copy of the
                notice as soon as practicable after being arrested.
        (10)    An offender who appears before a court as a result of a
                summons or warrant issued under this section must be
25              dealt with by the court under section 130.
                                                                            ".




                                                                     page 39
     Criminal Procedure and Appeals (Consequential and Other Provisions)
     Bill 2004
     Part 13        Sentencing Act 1995 amended

     s. 62


     62.          Section 131 amended
                  Section 131(2) is repealed and the following subsection is
                  inserted instead --
             "
5                 (2)   A prosecution for an offence under subsection (1) may
                        be commenced --
                          (a) in the case of an alleged breach of a CRO, by
                               the CEO, a police officer, or a person referred
                               to in section 80(2)(a) to (e) of the Criminal
10                             Procedure Act 2004;
                          (b) in the case of an alleged breach of a community
                               order, only by the CEO.
                                                                                  ".

     63.          Section 140 amended
15                After section 140(1) the following subsection is inserted --
             "
                 (1a)   When making a referral under subsection (1)(a) the
                        Attorney General, having regard to the petition, may
                        specify the grounds of appeal to be heard and
20                      determined by the Court of Appeal.
                                                                                  ".

     64.          Schedule 1 amended
                  Schedule 1 is amended by inserting in the appropriate
                  alphabetical positions the following entries --
25   "
                  Health Act 1911       The local government by or on whose
                                        behalf the prosecution was commenced.
                  National Trust of     The National Trust of Australia (W.A.).
                  Australia (W.A.)
                  Act 1964
                                                                                  ".



     page 40
      Criminal Procedure and Appeals (Consequential and Other Provisions)
                                                                 Bill 2004
                              Sentencing Act 1995 amended         Part 13

                                                                              s. 65


65.         Small amendments
            The Act is amended as set out in the Table to this section.
                                      Table
s. 4               Delete the definition of "convicted".
s. 84P(3)          Delete "complaint" and insert instead --
                   " notice ".
                   Delete "filed" and insert instead --
                   " lodged ".
s. 112(1)(b)       Delete paragraph and insert instead --
                   "
                      (b) the content of any record (as defined in the
                           Criminal Procedure Act 2004) that is relevant to
                           the offence and that has been disclosed to the
                           offender by the prosecutor under that Act;
                                                                                 ".
s. 120(6)          Repeal the subsection.
s. 121(5)          Delete "complaint laid in respect of " and insert instead --
                   " prosecution commenced for ".
s. 128(1)          Delete "complaint" and insert instead --
                   " notice lodged ".
s. 131(3)          Delete "A complaint may be made" and insert instead --
                   " Such a prosecution may be commenced ".
s. 131(4)          Repeal the subsection.
s. 131(5)          Delete "complaint" and insert instead --
                   " charge ".




                                                                         page 41
     Criminal Procedure and Appeals (Consequential and Other Provisions)
     Bill 2004
     Part 14        Supreme Court Act 1935 amended

     s. 66


              Part 14 -- Supreme Court Act 1935 amended
     66.           The Act amended in this Part
                   The amendments in this Part are to the Supreme Court
                   Act 1935*.
5                  [* Reprinted as at 9 February 2001.
                      For subsequent amendments see Western Australian
                      Legislation Information Tables for 2003, Table 1, p. 381-2.]
     67.           Section 33 inserted
                   After section 32 the following section is inserted --
10   "
             33.        Judgments and orders, correction of
                        If any judgment or order of the Court contains a
                        clerical mistake or any error arising from an accidental
                        slip or omission, the Court may correct the judgment or
15                      order without an appeal.
                                                                                     ".
     68.           Section 154 amended
                   After section 154(5) the following subsection is inserted --
             "
20               (5a)   Notwithstanding subsections (3) and (4), if in relation
                        to any criminal proceeding in the Supreme Court or
                        any other court any act is required or permitted to be
                        done by, to, or with reference to the Attorney General,
                        then, during any vacancy in the office of Attorney
25                      General and during any period for which the Attorney
                        General is, by reason of his absence from the State,
                        illness, incapacity or other sufficient cause, unable to
                        discharge the functions of his office, the act may be
                        done by, to, or with reference to such of the
30                      Solicitor-General or the State Solicitor as the Governor
                        may designate by Order in Council.
                                                                                     ".

     page 42
           Criminal Procedure and Appeals (Consequential and Other Provisions)
                                                                      Bill 2004
                                Supreme Court Act 1935 amended         Part 14

                                                                             s. 69


     69.        Heading to Part X amended
                The heading to Part X is amended by deleting ", etc.".

     70.        Heading inserted
                Immediately before section 172 the following heading is
5               inserted --
     "
                            Part XI -- Miscellaneous
                                                                                  ".

     71.        Section 178 inserted
10              After section 177 the following section is inserted --
     "
             178.     Habeas corpus proceedings
                (1)   If a person who is in custody pursuant to a warrant
                      issued by another court is brought before the Supreme
15                    Court on a writ of habeas corpus, the Supreme Court
                      must not order the release of the person on the ground
                      of a defect or error in the warrant unless --
                        (a) it has received from the other court certified
                               copies of the warrant and any court records that
20                             relate to the conviction or order in respect of
                               which the warrant was issued; or
                        (b) if it has not received such copies, a reasonable
                               time has elapsed since it requested the other
                               court to supply the copies.
25              (2)   If the Supreme Court receives such documents and is
                      satisfied --
                        (a) that the conviction or order in respect of which
                               the warrant was issued appears to be justified;
                               and



                                                                          page 43
     Criminal Procedure and Appeals (Consequential and Other Provisions)
     Bill 2004
     Part 14        Supreme Court Act 1935 amended

     s. 72


                        (b)    that any defect or error in the warrant is one of
                               form only and does not affect the substantial
                               merits of the conviction or order,
                       the Supreme Court may order the warrant to be
5                      amended to rectify any defect or error and the person to
                       be returned to custody.
                                                                                    ".

     72.         Small amendments
                 The Act is amended as set out in the Table to this section.
10                                         Table
     s. 22             Delete "Rules of Court and the General Rules prescribed under
                       The Criminal Code" and insert instead --
                       "
                          Criminal Procedure Act 2004 and rules of court made
                          under that Act that apply to the Supreme Court
                                                                                   ".
     s. 43(1)          Delete "criminal" and insert instead --
                       " appellate ".
     s. 57(2)          In each provision, delete "Chapter LXIX of The Criminal
     s. 57(4)(a)       Code" and insert instead --
     s. 57(4)(b)       " Part 3 of the Criminal Appeals Act 2004 ".
     s. 58(1)(f)
     s. 58(1)(g)       In each provision, delete "Part VIII of the Criminal Procedure
     s. 58(1)(h)       (Summary) Act 1902" and insert instead --
                       " Part 2 of the Criminal Appeals Act 2004 ".
     s. 154(5)         Delete "the provisions of ".




     page 44
           Criminal Procedure and Appeals (Consequential and Other Provisions)
                                                                      Bill 2004
                               Young Offenders Act 1994 amended        Part 15

                                                                                   s. 73


             Part 15 -- Young Offenders Act 1994 amended
     73.             The Act amended in this Part
                     The amendments in this Part are to the Young Offenders
                     Act 1994*.
5                    [* Reprinted as at 8 December 2000.
                        For subsequent amendments see Western Australian
                        Legislation Information Tables for 2003, Table 1, p. 441 and
                        Acts Nos. 50 of 2003 and 4 of 2004.]

     74.             Section 55 amended
10         (1)       Section 55(4) is amended by inserting after "that Act" --
                     "
                           or for the purpose of an appeal under the Criminal
                           Appeals Act 2004
                                                                                     ".
15         (2)       After section 55(5) the following subsection is inserted --
                 "
                     (6)   The powers in this section may be exercised despite
                           section 147(1) of the Criminal Procedure Act 2004.
                                                                                     ".

20   75.             Section 60 inserted
                     After section 59 the following section is inserted --
     "
             60.           Orders etc. under this Part are sentences
                           For the purposes of an appeal under the Criminal
25                         Appeals Act 2004 each of the following is to be taken
                           to be a sentence --
                             (a) a decision made under Division 2, 3 or 4 to
                                   refrain from imposing any punishment;
                             (b) a fine imposed under Division 5;

                                                                                page 45
     Criminal Procedure and Appeals (Consequential and Other Provisions)
     Bill 2004
     Part 15        Young Offenders Act 1994 amended

     s. 76


                         (c)   a youth community based order imposed under
                               Division 6;
                        (d)    an intensive youth supervision order or a
                               conditional release order imposed under
5                              Division 7;
                         (e)   a custodial sentence imposed under Division 8;
                         (f)   the making or discharge of a special order
                               under Division 9;
                        (g)    a decision by the court, having found a young
10                             person guilty of an offence, to record or not to
                               record a conviction of the offence in respect of
                               the person.
                                                                                   ".

     76.         Section 178 amended
15               After section 178(5) the following subsection is inserted --
             "
                 (6)   If the Court decides to make or refuse to make a
                       direction under subsection (3), the offender or the chief
                       executive officer may appeal against the decision under
20                     and subject to Part 3 of the Criminal Appeals Act 2004
                       which, with any necessary changes, applies as if the
                       direction were an order that might be made as a result
                       of a conviction.
                                                                                   ".

25   77.         Small amendments
                 The Act is amended as set out in the Table to this section.
                                          Table
     s. 5               Delete "Criminal Procedure (Summary) Act 1902" and
                        insert instead --
                        " Criminal Procedure Act 2004 ".




     page 46
      Criminal Procedure and Appeals (Consequential and Other Provisions)
                                                                 Bill 2004
                                      Various Acts amended        Part 16

                                                                         s. 78


                Part 16 -- Various Acts amended
78.        Various Acts amended (Sch 1)
           Each Act listed in Schedule 1 is amended as set out in that
           Schedule immediately below the short title of the Act.




                                                                    page 47
     Criminal Procedure and Appeals (Consequential and Other Provisions)
     Bill 2004
     Part 17        Amendments to change terminology

     s. 79


             Part 17 -- Amendments to change terminology
     79.         References to "complaint" changed to "prosecution notice"
                 Each provision in the Table to this section is amended by
                 deleting "complaint" in each place it occurs and in each place
5                inserting instead --
                 "   prosecution notice   ".
                                          Table
                 Adoption Act 1994                                     s. 128(3)
                 Argentine Ant Act 1968                                s. 15(2)(b)
                 Corruption and Crime Commission Act 2003              s. 50(2)
                 Diamond (Argyle Diamond Mines Joint Venture)          s. 24
                 Agreement Act 1981
                 Door to Door Trading Act 1987                         s. 21
                 Employment Agents Act 1976                            s. 31(d)
                 Osteopaths Act 1997                                   s. 91(3)
                 Radiation Safety Act 1975                             s. 57(2)(d)
                                                                       s. 57(3)

     80.         Various Acts amended (Sch 2)
                 Each Act listed in Schedule 2 is amended as set out in that
10               Schedule immediately below the short title of the Act.

     81.         References to "complaint" to be read as references to
                 "prosecution notice"
           (1)   A reference in a written law or book, document or writing to a
                 complaint in the context of commencing proceedings in a court
15               for an offence is, unless the contrary intention appears, to be
                 taken to be a reference to a prosecution notice.
           (2)   A reference in a written law to a complaint in the context of
                 applying for a warrant to enter or search a place or to seize any
                 thing is, unless the contrary intention appears, to be taken to be
20               a reference to an application.

     page 48
          Criminal Procedure and Appeals (Consequential and Other Provisions)
                                                                     Bill 2004
                              Amendments to change terminology        Part 17

                                                                               s. 82


    82.        References to "defendant" changed to "accused"
               Each provision listed in Table 2, 3 or 4 to this section is
               amended by deleting any expression listed in Table 1 column 1
               in each place it occurs (whether in ordinary type, italics, bold or
5              capitals) and in each place inserting instead (in corresponding
               type) the expression opposite the deleted expression in Table 1
               column 2.
                                          Table 1
               Delete                               Insert instead
               A defendant                          An accused
               a defendant                          an accused
               a defendant's                        an accused's
               defendant                            accused
               defendants                           accused
               Defendants'                          Accused's
               Defendants                           Accused
               the defendant                        the accused
               the defendant's                      the accused's

                           Table 2 -- Various provisions
               Aboriginal Heritage Act 1972                s. 60(2)
               Agricultural Products Act 1929              s. 8(3)
               Agriculture and Related Resources           s. 51(2) & (2a)
               Protection Act 1976                         s. 77(4)
                                                           s. 80(4)
                                                           s. 93(2)
               Architects Act 1921                         s. 31B(2)
               Architects Act 2003 [241--1]                 s. 14(2)
                                                           s. 42(3)
               Auction Sales Act 1973                      s. 24(2)
               Betting Control Act 1954                    s. 11G(5)
                                                           s. 24(1a)
               Casino Control Act 1984                     s. 27(2)




                                                                             page 49
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 17        Amendments to change terminology

s. 82


          Censorship Act 1996                         s. 61(3)
                                                      s. 65D(3)
                                                      s. 65E(2) & (5)
                                                      s. 102(3)
                                                      s. 102A(5)
                                                      s. 102B(5)
                                                      s. 102C(6)
                                                      s. 102D(3)
                                                      s. 102E(3)
                                                      s. 102F(3)
                                                      s. 116(1)
                                                      s. 141A(1) & (4)
          Charitable Collections Act 1946             s. 6(3)
          Child Welfare Act 1947                      s. 145
          Civil Aviation (Carriers' Liability)        s. 9(2)
          Act 1961
          Companies (Co-operative) Act 1943           s. 141(2)
                                                      s. 428
          Construction Industry Portable Paid Long    s. 49(3)
          Service Leave Act 1985
          Consumer Affairs Act 1971                   s. 21(2)
          Corruption and Crime Commission             s. 177(1)
          Act 2003
          Court Security and Custodial Services       s. 3 "custodial place"
          Act 1999                                    s. 4(1)
                                                      s. 16(2)
                                                      Sch. 2 cl. 5
          Credit Act 1984                             s. 132(4)
          The Criminal Code                           s. 5(1) to (6) &
                                                      (8) to (11)
                                                      s. 563A(2)
          Criminal Investigation (Identifying People) s. 67(3)
          Act 2002                                    Sch 1. cl. 4(1)
          Criminal Property Confiscation Act 2000 s. 50(3)
          Dangerous Goods Safety Act 2004             s. 62(2)
          Dangerous Goods (Transport) Act 1998        s. 41
          Dental Act 1939                             s. 60
          Dental Prosthetists Act 1985                s. 27(4) & (5)
                                                      s. 29(2)
          Dog Act 1976                                s. 53(6)

page 50
Criminal Procedure and Appeals (Consequential and Other Provisions)
                                                           Bill 2004
                    Amendments to change terminology        Part 17

                                                                    s. 82


     Door to Door Trading Act 1987              s. 18(2)
                                                s. 21
     Electoral Act 1907                         s. 18
                                                s. 59
     Employment Agents Act 1976                 s. 31
     Environmental Protection Act 1986          s. 79(3)
     Evidence Act 1906                          s. 9(1), (2), (4) & (5)
                                                s. 14
                                                s. 36B
                                                s. 36BA
                                                s. 36BC(1)
                                                s. 40
                                                s. 106G
                                                s. 106H(1)
                                                s. 106HB(2), (3) & (7)
                                                s. 106K(3)
                                                s. 106N(2), (3) & (4)
                                                s. 106P
                                                s. 106Q
                                                s. 106R(3) & (7)
                                                s. 112
                                                Sch. 7 Pt. A cl. 1(1)
     Fair Trading Act 1987                      s. 19(3)
                                                s. 83(1) to (5)
     Federal Courts (State Jurisdiction)        s. 12B(3)
     Act 1999
     Fertilizers Act 1977                       s. 30(4)
                                                s. 41
     Finance Brokers Control Act 1975           s. 18F(2)
     Fish Resources Management Act 1994         s. 212(2)
                                                s. 213(4)
     Fuel, Energy and Power Resources           s. 50(8)
     Act 1972
     Gas Standards Act 1972                     s. 13(2)
     Gold Corporation Act 1987                  s. 74(5)
     Grain Marketing Act 2002                   s. 43(2)
     Guardianship and Administration Act 1990   s. 98(1)




                                                                 page 51
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004
Part 17        Amendments to change terminology

s. 82


          Health Act 1911                        s. 182
                                                 s. 214(2)
                                                 s. 217(4), (5) & (6)
                                                 s. 227(10) & (14)
                                                 s. 230
                                                 s. 232(1), (2) & (3)
                                                 s. 246R(2) & (3)
                                                 s. 246ZN
                                                 s. 246ZP(1)
                                                 s. 246ZS(1)
                                                 s. 246ZX(1), (2),
                                                 & (5)(a) & (b)(i)
                                                 s. 298(2)
                                                 s. 354(8)
                                                 s. 377(11)
          Heritage of Western Australia Act 1990 s. 66(2)
                                                 s. 68(12)
          Hire-Purchase Act 1959                 s. 3(1b)
          Human Reproductive Technology Act 1991 s. 6(5)
                                                 s. 53W(3)
                                                 s. 57(10)
          Income Tax Assessment Act 1937         s. 216(2)
                                                 s. 218(2)
                                                 s. 224
                                                 s. 227
          Industrial Relations Act 1979          s. 96I(3)
          Land Administration Act 1997           s. 267(10)
          Land Valuers Licensing Act 1978        s. 14(2)
          Licensed Surveyors Act 1909            s. 8B(2)
          Liquor Licensing Act 1988              s. 109(7)
                                                 s. 119(12)
                                                 s. 125(1)
                                                 s. 169(1)
                                                 s. 170
                                                 s. 171(2)
                                                 s. 172(9) & (10)
          Local Government (Miscellaneous        s. 374(4)
          Provisions) Act 1960
          Magistrates Court Act 2003 [260--2]     s. 11(3)
          Maritime Archaeology Act 1973          s. 10(2)


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                                                           Bill 2004
                    Amendments to change terminology        Part 17

                                                                  s. 82


     Mental Health Act 1996                   s. 3
                                              s. 27(1) & (2)
                                              s. 30(1)
                                              s. 44
                                              s. 53
                                              s. 64
                                              s. 66(2)
                                              s. 94(1)
                                              Heading to Pt. 5 Div. 5
                                                 Subdiv. 1
                                              s. 104(1)
                                              s. 107(1)
                                              Heading to Pt. 5 Div. 6
                                              s. 109
                                              s. 110(1)
                                              s. 158(1)
                                              s. 160(2)
                                              s. 161(4)
                                              s. 170(1)
                                              s. 175 "affected person"
                                              s. 204(2)
     Misuse of Drugs Act 1981                 s. 9(3)
                                              s. 38A(1) & (2)
                                              s. 38B(1), (2) & (3)
     Motor Vehicle Dealers Act 1973           s. 13C(2)
                                              s. 33(5)
                                              s. 52(3)
     New Tax System Price Exploitation Code   s. 36(3)
     (Western Australia) Act 1999
     Nuclear Activities Regulation Act 1978   s. 12(2)
     Nurses Act 1992                          s. 75(2)
     Occupational Therapists Registration     s. 36(2)
     Act 1980                                 s. 42(4) & (5)




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Criminal Procedure and Appeals (Consequential and Other Provisions)
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Part 17        Amendments to change terminology

s. 82


          Official Prosecutions (Defendants' Costs)s. 1
          Act 1973                                 s. 3(2)
                                                   s. 4(1) "costs"
                                                   s. 4(2)
                                                   s. 5(1) to (4)
                                                   s. 6
                                                   s. 7(1) & (2)
                                                   s. 9
          Optometrists Act 1940                    s. 46
          Osteopaths Act 1997                      s. 75(3)
          Petroleum Products Pricing Act 1983      s. 16(2) & (3)
                                                   s. 19(2)
                                                   s. 20(2)
                                                   s. 25(2)
                                                   s. 30(1)
          Plant Diseases Act 1914                  s. 37
          Podiatrists Registration Act 1984        s. 31B(2)
                                                   s. 36(2)
                                                   s. 41(4) & (5)
          Poisons Act 1964                         s. 60(1)
                                                   s. 61
          Psychologists Registration Act 1976      s. 42B(2)
                                                   s. 48(2)
                                                   s. 55(4) & (5)
          Public Meetings and Processions Act 1984 s. 9(3)
          Public Sector Management Act 1994        Sch. 3 cl. 4(2)
          Radiation Safety Act 1975                s. 57(2) & (3)
          Rail Safety Act 1998                     s. 48(3)
          Real Estate and Business Agents Act 1978 s. 17(2)
                                                   s. 62(4)
          Retail Trading Hours Act 1987            s. 39
          Road Traffic Act 1974                    s. 15(3) & (4)
                                                   s. 49A(5)
                                                   s. 63(7)
                                                   s. 67(5) & (6)
                                                   s. 67A(5) & (6)
                                                   s. 77(2)
                                                   s. 81F(3)
                                                   s. 89(3)
          Sale of Land Act 1970                    s. 19B(5)

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                    Amendments to change terminology        Part 17

                                                                          s. 82


     Securities Industry Act 1975                  s. 21(6)
                                                   s. 77(1)
                                                   s. 129(1), (2) & (4)
     Seeds Act 1981                                s. 21(3)
                                                   s. 23(2) & (3)
     Sentencing Act 1995                           s. 52(3)
     Settlement Agents Act 1981                    s. 17(2)
     Stock (Identification and Movement)           s. 54(2)
     Act 1970
     Taxation Administration Act 2003              s. 106(2)
                                                   s. 109(2)
                                                   s. 113
                                                   s. 123
     Tobacco Control Act 1990                      s. 10(3)
     Trading Stamp Act 1981                        s. 4(4)
     Transport Co-ordination Act 1966              s. 33(6)
                                                   s. 50(4)
     Travel Agents Act 1985                        s. 45(2)
     Trustee Companies Act 1987                    s. 35(5)
     Veterinary Preparations and Animal            s. 50
     Feeding Stuffs Act 1976                       s. 62(2)
                                                   s. 65
                                                   s. 66(1)
     Veterinary Surgeons Act 1960                  s. 16B(9)
     Waterways Conservation Act 1976               s. 74(1) & (2)
     Weights and Measures Act 1915                 s. 27M(1)
                                                   s. 40(3)
                                                   s. 48
     Wildlife Conservation Act 1950                s. 27C
     Young Offenders Act 1994                      s. 15A(3)

           Table 3 -- Provisions of the Bail Act 1982
     s. 3(3)                          s. 35(1)
     s. 4                             s. 36(2)
     Part II heading                  s. 37(1)
     s. 5(1) & (2)                    s. 39
     s. 6(2), (3) & (3a)              s. 40(2)
     s. 7(1), (2), (3) & (4)          s. 42
     s. 8(1), (2), (3a) & (4)         s. 44(1) & (2)
     s. 9(2)                          s. 46(1) & (2)

                                                                    page 55
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Part 17        Amendments to change terminology

s. 82


          s. 10                       s. 47
          s. 11(1), (2) & (3)         s. 48(2), (3) & (4)
          s. 12                       s. 49(1)
          s. 14(2), (2a) & (3)        s. 50C(1) & (2)
          s. 15(1)                    s. 50D(1) & (2)
          s. 16(1) & (2)              s. 50E
          s. 16A(2)                   s. 50F(1), (2), (4) & (5)
          s. 17(2)                    s. 50G(1) & (2)
          s. 17A(1), (3), (4) & (5)   s. 50K
          s. 18(1), (2) & (3)         s. 51(1), (2), (2a), (4) & (7)
          s. 19(1), (2), (3) & (4)    s. 52(1) & (2)
          s. 20(1) & (3)              s. 54(1), (2) & (4)
          s. 21(1)                    s. 55(1) & (2)
          s. 23                       s. 56
          s. 24(1) & (2)              s. 57(1), (2) & (4)
          s. 24A(2), (3) & (4)        s. 58(1) & (2)
          s. 25                       s. 59
          s. 26(1), (2), (3) & (4)    s. 60
          s. 27(1)                    s. 64
          s. 28(2)                    s. 66(1)
          s. 29                       Sch. 1 Pt. A
          s. 30(1), (2) & (3)         Sch. 1 Pt. B
          s. 31(2), (3) & (4)         Sch. 1 Pt. C
          s. 32(1) & (4)              Sch. 1 Pt. D
          s. 33(1), (2) & (3)         Sch. 2
          s. 34
    Table 4 -- Provisions of the Criminal Law (Mentally Impaired
                       Defendants) Act 1996
          s. 1                        s. 24(1), (2), (3) & (5)
          s. 3                        s. 25(1), (2) & (3)
          s. 4                        s. 26
          Part 2 heading              s. 27(1) & (2)
          s. 5(1) to (5)              s. 28(1), (2), (3) & (4)
          s. 6(2)                     s. 30
          s. 7                        s. 31(1), (2), (3) & (4)
          s. 9                        s. 32(1) & (2)
          s. 10(1) & (2)              Part 5 Division 4 heading
          s. 11(1), (2) & (3)         s. 33(1) to (5)
          s. 12(1), (2), (3) & (4)    s. 34(1) & (2)


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                               Amendments to change terminology        Part 17

                                                                                 s. 83


                 s. 13                          Part 5 Division 5 heading
                 s. 14                          s. 35(1) to (5)
                 s. 15                          s. 36
                 s. 16(1) to (6) & (8)          s. 37(1), (2) & (3)
                 s. 17(1), (1a) & (2)           s. 38(1) & (2)
                 s. 18                          s. 39
                 s. 19(1) to (5) & (7)          s. 40(1) & (2)
                 Part 4 heading                 Part 6 heading
                 s. 20                          s. 41
                 s. 22(1), (2) & (3)            s. 45(2)
                 Part 5 heading                 s. 48
                 s. 23

     83.         Bail Act 1982 amended
           (1)   The amendments in this section are to the Bail Act 1982*.
                 [* Reprinted as at 27 August 1999.
                    For subsequent amendments see Western Australian
5                   Legislation Information Tables for 2003, Table 1, p. 28 and
                    Acts Nos. 50 of 2003 and 4 of 2004.]
           (2)   Section 3(1) is amended as follows:
                  (a) by inserting in the appropriate alphabetical position the
                        following definition --
10               "
                       "accused" includes --
                            (a)    a person charged with, convicted of, or
                                   found guilty of an offence;
                            (b)    a person whose conviction for an offence is
15                                 stayed;
                            (c)    a person in respect of whom an appeal
                                   relating to an offence is pending;
                            (d)    a person in respect of whom a new trial for
                                   an offence has been ordered;
20                                                                                 ";



                                                                            page 57
     Criminal Procedure and Appeals (Consequential and Other Provisions)
     Bill 2004
     Part 17        Amendments to change terminology

     s. 84


                     (b)    in the definitions of "adjournment", "appropriate
                            judicial officer" and "trial" by deleting "defendant" and
                            inserting instead --
                            " accused ";
5                    (c)    by deleting the definition of "defendant".
           (3)   Sections 50C(4)(a), 50L(1) and 67(2)(a)(iii) are each amended
                 by deleting "defendants" in each place it occurs and inserting
                 instead --
                 "    accused persons      ".

10   84.         Criminal Law (Mentally Impaired Defendants) Act 1996
                 amended
           (1)   The amendments in this section are to the Criminal Law
                 (Mentally Impaired Defendants) Act 1996*.
                 [* Reprinted as at 21 June 2002.
15                  For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 96 and
                    Act No. 4 of 2004.]
           (2)   Section 3 is amended as follows:
                  (a) by inserting in the appropriate alphabetical position the
20                      following definition --
                 "
                           "accused" means a person charged with an offence,
                               whether a simple offence or an indictable offence;
                                                                                    ";
25                   (b)    by deleting the definition of "defendant".




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                               Amendments to change terminology        Part 17

                                                                                     s. 85


     85.         Evidence Act 1906 amended
           (1)   The amendments in this section are to the Evidence Act 1906*.
                 [* Reprint 12 as at 10 October 2003.
                    For subsequent amendments see Western Australian
5                   Legislation Information Tables for 2003, Table 1, p. 128 and
                    Act No. 4 of 2004.]
           (2)   Section 36A(1) is amended as follows:
                  (a) by inserting in the appropriate alphabetical position the
                        following definition --
10               "
                           "accused" in relation to a hearing or trial, means any
                               accused at the hearing or trial whether or not that
                               accused is charged with a sexual offence;
                                                                                       ";
15                   (b)    by deleting the definition of "defendant".
           (3)   If the Children and Community Services Act 2003 Schedule 2
                 clause 9 has come into operation, section 106A of the Evidence
                 Act 1906 is amended as follows:
                   (a) by inserting in the appropriate alphabetical position the
20                       following definition --
                 "
                           "accused" --
                               (a) in relation to an application referred to in
                                     clause 2 of Part A of Schedule 7 --
25                                  (i) means any party to the proceeding,
                                          other than the affected child and an
                                          applicant who is an officer as defined in
                                          section 3 of the Children and
                                          Community Services Act 2003;
30                                 (ii) in sections 106K(3)(a) and 106N as they
                                          apply to such an application, means any
                                          such party specified by the judge;


                                                                               page 59
     Criminal Procedure and Appeals (Consequential and Other Provisions)
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     Part 17        Amendments to change terminology

     s. 85


                             (b)   in relation to any other Schedule 7
                                   proceeding, a person charged with an
                                   offence;
                                                                                  ";
5                  (b)    by deleting the definition of "defendant".
        (4)    If the Children and Community Services Act 2003 Schedule 2
               clause 9 has not come into operation, section 106A of the
               Evidence Act 1906 is amended as follows:
                 (a) by inserting in the appropriate alphabetical position the
10                     following definition --
               "
                         "accused" --
                             (a) in relation to an application referred to in
                                   clause 2 of Part A of Schedule 7 --
15                                (i) means any party to the proceeding,
                                        other than the affected child and an
                                        applicant who is a police officer or an
                                        officer of the department established
                                        under section 4 of the Community
20                                      Services Act 1972;
                                 (ii) in sections 106K(3)(a) and 106N as they
                                        apply to such an application, means any
                                        such party specified by the judge;
                             (b) in relation to any other Schedule 7
25                                 proceeding, a person charged with an
                                   offence;
                                                                                  ";
                   (b)    by deleting the definition of "defendant",
               and the Children and Community Services Act 2003 Schedule 2
30             clause 9(2) is amended by deleting " "defendant" " and inserting
               instead --
               "    "accused"      ".


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                               Amendments to change terminology        Part 17

                                                                                 s. 86


     86.         Official Prosecutions (Defendants' Costs) Act 1973 amended
           (1)   The amendments in this section are to the Official Prosecutions
                 (Defendants' Costs) Act 1973*.
                 [* Reprinted as at 19 February 1999.
5                   For subsequent amendments see Western Australian
                    Legislation Information Tables for 2003, Table 1, p. 269.]
           (2)   Section 4(1) is amended as follows:
                  (a) by inserting in the appropriate alphabetical position the
                        following definition --
10               "
                           "accused" means a person charged with an offence in
                               an official prosecution;
                                                                                   ";
                     (b)    by deleting the definition of "defendant".




                                                                           page 61
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004



Schedule 1        Amendments to various Acts


            Schedule 1 -- Amendments to various Acts
                                                                          [s. 78]

1.         Aboriginal Affairs Planning Authority Act 1972
s. 49             Repeal the section.

2.         Agricultural Products Act 1929
s. 7              Delete ", and where products are sold in contravention of this
                  Act the purchaser himself may proceed against the seller for
                  an offence under this Act".

3.         Agriculture and Related Resources Protection Act 1976
s. 93(1)          Delete "Criminal Procedure (Summary) Act 1902" and insert
                  instead --
                  " Criminal Procedure Act 2004 ".

4.         Architects Act 1921
s. 22A(4)         Delete "Criminal Procedure (Summary) Act 1902" and insert
                  instead --
                  " Criminal Procedure Act 2004 ".

5.         Art Gallery Act 1959
s. 27(2)          Repeal the subsection.

6.         Companies (Co-operative) Act 1943
s. 427            Delete "Criminal Procedure (Summary) Act 1902" and insert
                  instead --
                   " Criminal Procedure Act 2004 ".

7.         Co-operative and Provident Societies Act 1903
s. 58(1)          Delete "any other person" and insert instead --
                  " a person authorised by the Registrar to do so    ".




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                                  Amendments to various Acts       Schedule 1


8.         Corruption and Crime Commission Act 2003
s. 43(5)          Delete "section 103 of the Criminal Procedure (Summary)
                  Act 1902 and section 611B of The Criminal Code" and insert
                  instead --
                  "
                    sections 61 and 95 of the Criminal Procedure Act 2004
                                                                               ".

9.         Criminal Law (Mentally Impaired Defendants) Act 1996
s. 17(2)          Delete "Part V of the Criminal Procedure (Summary)
                  Act 1902" and insert instead --
                  " Part 3 Division 4 of the Criminal Procedure Act 2004 ".
s. 20             Delete "under section 143 of the Criminal Procedure
                  (Summary) Act 1902 a court" and insert instead --
                  " a court of summary jurisdiction ".
s. 21             Delete "under section 653 or 693(4) of The Criminal Code a
                  defendant is found not guilty" and insert instead --
                  " an accused is acquitted by a superior court or on appeal ".

10.        Diamond (Argyle Diamond Mines Joint Venture) Agreement
           Act 1981
s. 27             Delete "The Criminal Code, the Police Act 1892, the
                  Government Agreements Act 1979 or any other Act,
                  regulation, rule or by-law" and insert instead --
                  " any other written law ".

11.        Fertilizers Act 1977
s. 38(1)           Delete "Criminal Procedure (Summary) Act 1902" and
                   insert instead --
                   " Criminal Procedure Act 2004 ".




                                                                        page 63
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Schedule 1         Amendments to various Acts


12.         Finance Brokers Control Act 1975
s. 93(3)            Repeal the subsection and insert instead --
                    "
                      (3) An allegation in a charge of an offence under this
                             Act that a person named therein was or was not
                             licensed at the time specified therein shall, in the
                             absence of proof to the contrary, be taken as
                             proved.
                                                                                    ".

13.         Health Act 1911
s. 14               Delete "Criminal Procedure (Summary) Act 1902" and insert
s. 246ZR(1)         instead --
                    " Criminal Procedure Act 2004 ".
s. 231(5)           Delete "the provisions of section 43 of the Criminal
                    Procedure (Summary) Act 1902, but subject to those of
                    section 51 of that Act, join both matters in the same
                    complaint." and insert instead --
                    "
                        Schedule 1 clause 2(2) and (3) of the Criminal
                        Procedure Act 2004, join both matters in the one
                        prosecution notice.
                                                                             ".

14.         Industrial Relations Act 1979
s. 81CA(6)         In each provision, delete "Criminal Procedure (Summary)
s. 81D(3)          Act 1902" and insert instead --
s. 83D(1)          " Criminal Procedure Act 2004 ".
s. 83D(2)          Repeal the subsection and insert instead --
                   "
                     (2) A determination of an industrial magistrate's
                         court made in the exercise of the jurisdiction
                         conferred by subsection (1) cannot be appealed
                         under the Criminal Appeals Act 2004.
                                                                                    ".




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                                      Amendments to various Acts      Schedule 1


15.         Interpretation Act 1984
s. 67(3) and (4) Repeal the subsections and insert instead --
                 "
                   (3) The procedure for prosecuting and dealing with
                       offences is set out in the Criminal Procedure
                       Act 2004.
                                                                                 ".

16.         Land Drainage Act 1925
s. 167(6)           Delete "Criminal Procedure (Summary) Act 1902" and
                    insert instead --
                    " Criminal Procedure Act 2004 ".

17.         Land Valuers Licensing Act 1978
s. 35(3)           Delete "Without limiting the application of section 72 of the
                   Criminal Procedure (Summary) Act 1902 in relation to a
                   complaint for an offence against this Act, in any proceedings
                   for an offence against this Act an allegation in the complaint"
                   and insert instead --
                   " An allegation in a charge of an offence under this Act ".

18.         Litter Act 1979
s. 27A(4)          Delete "Criminal Procedure (Summary) Act 1902" and insert
                   instead --
                    " Criminal Procedure Act 2004 ".

19.         Magistrates Court Act 2004
s. 11(3)(b)        In each provision, delete "Criminal Procedure (Summary)
s. 40(3)(b)        Act 1902" and insert instead --
                   " Criminal Procedure Act 2004 ".
s. 36(5)(a)        In each provision, delete "Criminal Procedure (Summary)
s. 36(6)           Act 1902" and insert instead --
                   " Criminal Appeals Act 2004 ".




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Schedule 1        Amendments to various Acts


20.        Minimum Conditions of Employment Act 1993
s. 46(1)          Delete "Criminal Procedure (Summary) Act 1902" and insert
                  instead --
                   " Criminal Procedure Act 2004 ".
s. 46(2)          Delete "Part VIII of the Criminal Procedure (Summary)
                  Act 1902" and insert instead --
                  " Part 2 of the Criminal Appeals Act 2004 ".

21.        Museum Act 1969
s. 50(2)          Repeal the subsection.

22.        Occupational Safety and Health Act 1984
s. 51C(1)(b)      Delete "Criminal Procedure (Summary) Act 1902" and insert
                  instead --
                   " Criminal Procedure Act 2004 ".
s. 54B(1)         Delete "Part VIII of the Criminal Procedure (Summary)
                  Act 1902" and insert instead --
                  " Part 2 of the Criminal Appeals Act 2004 ".

23.        Police Act 1892
s. 50A            Repeal the section.

24.        Pollution of Waters by Oil and Noxious Substances Act 1987
s. 31(1)          Delete "Criminal Procedure (Summary) Act 1902" and insert
                  instead --
                   " Criminal Procedure Act 2004 ".

25.        Prisons Act 1981
s. 23             Delete "Chapter LXIX of The Criminal Code or to any place
                  to which the Court of Criminal Appeal or a Judge of that
                  Court" and insert instead --
                  "
                      an appeal under the Criminal Appeals Act 2004 or to
                      any place to which a Judge of the Supreme Court
                                                                              ".



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                                   Amendments to various Acts        Schedule 1


s. 73(1)(a)       Delete the paragraph and "or" after it and insert instead --
                  "
                     (a) direct the superintendent to commence a
                          prosecution for an aggravated prison offence in a
                          court of summary jurisdiction; or
                                                                                 ".
s. 73(2)          Repeal the subsection and insert instead --
                  "
                     (2) If a prosecution for an aggravated prison offence
                          is commenced in a court of summary jurisdiction,
                          the prosecution shall be heard and determined by
                          the court as if the aggravated prison offence were
                          a simple offence.
                                                                                 ".

26.        Prostitution Act 2000
s. 31(2)(b)       Delete the paragraph and "and" after it and insert instead --
                  "
                     (b) make an application under section 71 of the
                          Criminal Procedure Act 2004 as if the person
                          were a party to the prosecution for the offence;
                          and
                                                                                 ".
s. 31(2)(c)       Delete the paragraph and insert instead --
                  "
                     (c) appeal against the order under Part 2 of the
                          Criminal Appeals Act 2004.
                                                                                 ".

27.        Psychologists Registration Act 1976
s. 42(3)          Delete "Criminal Procedure (Summary) Act 1902" and insert
                  instead --
                  " Criminal Procedure Act 2004 ".




                                                                        page 67
Criminal Procedure and Appeals (Consequential and Other Provisions)
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Schedule 1          Amendments to various Acts


28.          Rail Safety Act 1998
s. 56(1)             Delete "Despite section 51 of the Criminal Procedure
                     (Summary) Act 1902, a complaint of " and insert instead --
                     " A prosecution for ".

29.          Road Traffic Act 1974
s. 100(1)            Delete "Criminal Procedure (Summary) Act 1902" and
                     insert instead --
                     " Criminal Procedure Act 2004 ".

30.          Royal Commissions Act 1968
s. 34                Repeal the section.

31.          Strata Titles Act 1985
s. 116A(4)(a)        Delete "Part VIII of the Criminal Procedure (Summary)
                     Act 1902" and insert instead --
                     " Part 2 of the Criminal Appeals Act 2004 ".

32.          Street Alignment Act 1844
s. 10                Delete "before the Court of Quarter Sessions of this Colony".
                     Delete "at the discretion of the Court".

33.          Suitors' Fund Act 1964
s. 3                In the definition of "appeal", delete "Part VIII of the
                    Criminal Procedure (Summary) Act 1902" and insert
                    instead --
                    " Part 2 of the Criminal Appeals Act 2004 ".
s. 5(1)(c)          Delete the paragraph and insert instead --
                    "
                        (c) upon the issue of any summons or court hearing
                            notice under the Criminal Procedure Act 2004 in
                            respect of a prosecution notice to be dealt with by
                            a court of summary jurisdiction,
                                                                                  ".




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                                  Amendments to various Acts        Schedule 1


34.         Transfer of Land Act 1893
s. 214(2)          Repeal the subsection and insert instead --
                   "
                     (2) A prosecution for an offence under subsection (1)
                         in respect of the registration of any dealing in
                         Crown land may be commenced at any time.
                                                                             ".

35.         Veterinary Preparations and Animal Feeding Stuffs Act 1976
s. 64(2)           Delete "by the person aggrieved,".

36.         Weapons Act 1999
s. 16(2)(b)        Delete "section 136A of the Criminal Procedure
                   (Summary) Act 1902" and insert instead --
                   " section 71 of the Criminal Procedure Act 2004 ".
s. 16(2)(c)        Delete the paragraph and insert instead --
                   "
                      (c) appeal against the order under Part 2 of the
                           Criminal Appeals Act 2004.
                                                                             ".

37.         Wildlife Conservation Act 1950
s. 27(2)           Delete "Part VIII of the Criminal Procedure (Summary)
                   Act 1902" and insert instead --
                   " Part 2 of the Criminal Appeals Act 2004 ".
s. 27B             Delete "Criminal Procedure (Summary) Act 1902" and
                   insert instead --
                   " Part 2 of the Criminal Appeals Act 2004 ".

38.         Workers' Compensation and Rehabilitation Act 1981
s. 114(3)          In each provision, delete "Criminal Procedure (Summary)
s. 188A(1)         Act 1902" and insert instead --
s. 188A(4)         " Criminal Procedure Act 2004 ".




                                                                       page 69
Criminal Procedure and Appeals (Consequential and Other Provisions)
Bill 2004



Schedule 1     Amendments to various Acts


s. 188A(2)      Delete "Part VIII of the Criminal Procedure (Summary)
                Act 1902" and insert instead --
                " Part 2 of the Criminal Appeals Act 2004 ".




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                                                                Bill 2004



                          Amendments to change terminology          Schedule 2


        Schedule 2 -- Amendments to change terminology
                                                                         [s. 80]

1.         Aboriginal Affairs Planning Authority Act 1972
s. 31(2)          Repeal the subsection and insert instead --
                  "
                    (2) A prosecution for an offence under subsection (1)
                         must not be commenced without the authority of
                         the Commissioner.
                                                                                 ".
s. 47             Delete "where in a complaint made, or in an indictment or
                  information presented, in any proceedings under this Act, an
                  averment is made -- " and insert instead --
                  "
                     if a statement is made in a prosecution notice or an
                     indictment containing a charge of an offence against
                     this Act --
                                                                                 ".
                  Delete "averment proved" and insert instead --
                  " statement proved ".

2.         Aboriginal Communities Act 1979
s. 9(2)           Delete "complaint" and insert instead --
                  " charge ".
s. 10             Repeal the section and insert instead --
                  "
                    10. Limitation period for prosecutions
                         A prosecution for an offence against a by-law must
                         be commenced within 6 months after the date on
                         which the offence was allegedly committed.
                                                                                 ".




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3.         Aboriginal Heritage Act 1972
s. 53             Delete "complaint preferred by the Minister" and insert
                  instead --
                  " charge ".
s. 60(3)          Delete "complaint" and insert instead --
                  " charge ".

4.         Agricultural and Veterinary Chemicals (Western Australia)
           Act 1995
s. 3              In the definition of "instrument", in paragraph (h), after
                  "indictment," insert --
                  " prosecution notice, ".

5.         Agricultural Products Act 1929
s. 8(2)           Delete "the complaint" and insert instead --
                  " the charge ".
                  Delete "complaint" and insert instead --
                  " prosecution notice verified on oath ".
s. 8A(1)(b)       Delete "complaint of " and insert instead --
                  " prosecution for ".

6.         Agriculture and Related Resources Protection Act 1976
s. 84(2)          Delete "complaint, made" and insert instead --
                  " an application supported by evidence ".




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s. 84(3)          Delete "make a complaint on oath or affirmation before a
                  justice alleging that in his opinion there had been no
                  reasonable grounds for the exercise of that power, and
                  thereupon the justice shall cause the matter to be inquired into
                  and shall make his findings known to the complainant" and
                  insert instead --
                  "
                     apply to the Magistrates Court for a review of the
                     exercise of that power on the grounds there were no
                     reasonable grounds for its exercise and the court shall
                     inquire into the matter and make its findings known to
                     the applicant
                                                                                 ".
s. 93(2)          Delete "complainant" and insert instead --
                  " prosecutor ".
s. 94(3)          Delete "complaint" and insert instead --
                  " prosecution notice ".

7.         Animal Welfare Act 2002
s. 59             Delete "complaint made" and insert instead --
                  " an application supported by evidence ".
s. 60             Delete "complaint made" and insert instead --
                  " an application supported by evidence ".
s. 62(2)          Delete "(but need not swear) a complaint" and insert
                  instead --
                  " an application (without the evidence on oath) ".
s. 62(6)          Delete "swear the complaint and send it to the justice" and
                  insert instead --
                  "
                     send the evidence on oath in support of the application to
                     the justice
                                                                                  ".
s. 82(3)(b)       Delete "complaint" and insert instead --
                  " prosecution notice ".




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8.         Architects Act 2004
s. 75(3)          Delete "complaint" and insert instead --
                  " prosecution notice ".
s. 75(4)          Delete "make a complaint or conduct the" and insert
                  instead --
                  " commence or conduct a ".

9.         Armorial Bearings Protection Act 1979
s. 3(3)           Delete "complaint in respect" and insert instead --
                  " charge ".

10.        Art Gallery Act 1959
s. 24             Delete "complaint preferred by the Board" and insert
                  instead --
                  " prosecution ".
                  Delete "complaint is preferred" and insert instead --
                  " prosecution ".

11.        Betting Control Act 1954
s. 24(3)          Delete "complaint" and insert instead --
                  " prosecution ".
                  Delete "made" and insert instead --
                  " commenced ".
s. 28A(1)         Delete "complaint made" and insert instead --
                  " an application supported by evidence ".
s. 28B            Delete "of any complaint for" and insert instead --
                  " by a court of a charge of ".
                  Delete "hearing the complaint".
                  Delete "in the complaint" in the first 2 places it occurs.
                  Delete "against that person in the complaint".




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s. 31A(2)(e)      Delete "a complaint arising out of the bet is made against
                  another person, on the hearing of the complaint" and insert
                  instead --
                  "
                     another person is charged with an offence arising out of
                     the bet, on the hearing of the charge
                                                                                ".
s. 31A(2)(g)      Delete "the person against whom the complaint is made" and
                  insert instead --
                  " a person charged with an offence ".

12.        Botanic Gardens and Parks Authority Act 1998
s. 51(3)(b)       Delete "have a complaint of the alleged offence heard and
                  determined by" and insert instead --
                  " be prosecuted for the alleged offence in ".

13.        Builders' Registration Act 1939
s. 20B(3)(b)      Delete "have a complaint of the alleged offence heard and
                  determined by" and insert instead --
                  " be prosecuted for the alleged offence in ".
s. 21A            Repeal the section and insert instead --
                  "
                    21A. Limitation period for prosecutions
                          A prosecution for an offence under this Act must
                          be commenced within 3 years after the date on
                          which the offence was allegedly committed.
                                                                                ".

14.        Building and Construction Industry Training Fund and Levy
           Collection Act 1990
s. 29(2)          Repeal the subsection and insert instead --
                  "
                    (2) A prosecution for an offence against this Act must
                         be commenced within 2 years after the date on
                         which the offence was allegedly committed.
                                                                                ".


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15.         Bush Fires Act 1954
s. 59A(2)          Delete "have a complaint of the alleged offence heard and
                   determined by" and insert instead --
                   " be prosecuted for the alleged offence in ".
s. 65(4)           In each provision, delete "complaint" and insert instead --
s. 66(3)           " prosecution notice ".

16.         Cannabis Control Act 2003
s. 8(3)            In each provision, delete "have a complaint of the alleged
s. 8(4)(a)         offence heard and determined by" and insert instead --
s. 9(3)(a)         " be prosecuted for the alleged offence in ".
s. 19(3)(e)

17.         Caravan Parks and Camping Grounds Act 1995
s. 23(3)(b)        Delete "have a complaint of the alleged offence heard and
                   determined by" and insert instead --
                   " be prosecuted for the alleged offence in ".

18.         Casino Control Act 1984
s. 23(2b)          In each provision, delete "complainant" and insert instead --
s. 27(3b)          " prosecutor ".
s. 29I(1)(b)       Delete "have a complaint of the alleged offence heard and
                   determined by" and insert instead --
                   " be prosecuted for the alleged offence in ".
s. 36(3)           Delete "complaint" and insert instead --
                   " charge ".

19.         Cemeteries Act 1986
s. 63(1)           Delete "have a complaint of the alleged offence heard and
                   determined by" and insert instead --
                   " be prosecuted for the alleged offence in ".




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                           Amendments to change terminology           Schedule 2


20.         Censorship Act 1996
s. 117E(1)(b)      Delete "have a complaint of the alleged offence heard and
                   determined by" and insert instead --
                   " be prosecuted for the alleged offence in ".

21.         Chicken Meat Industry Act 1977
s. 22(2)           Delete "complaint" and insert instead --
                   " prosecution ".
                   Delete "laid" and insert instead --
                   " commenced ".
                   Delete "lay complaints" and insert instead --
                   " commence prosecutions ".

22.         Child Welfare Act 1947
s. 30(3)           Delete "complaint" and insert instead --
                   " allegation ".
s. 40A(2)          Delete "complaint" and insert instead --
                   " claim ".
s. 107C(1)         Delete "a complaint against".
s. 107C(2)         Delete "complaints prosecuted" and insert instead --
                   " prosecutions commenced ".
s. 122(1)          Delete "cases under this Act heard on complaint or
                   application" and insert instead --
                   "
                      prosecutions commenced or applications made under
                      this Act
                                                                               ".
s. 122(2)          Delete "lay such complaint" and insert instead --
                   " commence such prosecution ".
s. 130(3)          Delete "complaint" and insert instead --
                   " an application supported by evidence ".
                   Delete "complained against".




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s. 130(4)          Delete "complaint" and insert instead --
                   " prosecution of an offence ".
                   Delete "person complained against" and insert instead --
                   " accused ".
                   Delete "such person" in the 2 places where it occurs and in
                   each place insert instead --
                   " the accused ".
s. 130A(1)         Delete "complaint" and insert instead --
                   " an application ".
s. 130A(5)         Delete "a complaint" and insert instead --
                   " an application ".
                   Delete "complaint is laid" and insert instead --
                   " application is made ".
s. 149(1)(j)       Delete "complaints" and insert instead --
                   " applications ".

23.         Children and Community Services Act 2004
s. 111             Delete "complaint" and insert instead --
                   " charge ".
s. 196(1)          Delete "a complaint against".
s. 196(2)          Delete "complaints prosecuted" and insert instead --
                   " prosecutions commenced ".
s. 245(1)          Delete "taken" and insert instead --
                   " commenced ".
s. 245(2)          Delete "complaint" and insert instead --
                   " prosecution notice ".
s. 245(3)          Delete "make a complaint" and insert instead --
                   " commence ".




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                          Amendments to change terminology           Schedule 2


24.        Children's Court of Western Australia Act 1988
s. 19(1)          In each provision, delete "complaint" in each place it occurs
s. 22(3)          and in each place insert instead --
s. 27(1)          " charge ".
s. 30(2)
s. 30(4)
s. 33
s. 36(1)(a)
s. 19(4)          Delete "appearing before a court on a complaint of a simple
                  offence" and insert instead --
                  " being prosecuted for a simple offence in a court ".
s. 19B(4)(b)      In each provision, delete "complainant" and insert instead --
s. 19E            " prosecutor ".
s. 28(2)(d)
s. 19B(4)(c)      In each provision, delete "complaint" in each place it occurs
s. 19C(3)(b)      and in each place insert instead --
s. 19D            " prosecution notice ".
s. 51
s. 20             Delete "complaints and".
                  Delete "(but not including complaints of offences under that
                  Act committed by adult persons)".
s. 22(1)          Delete "complaint of" and insert instead --
                  " charge of ".
                  Delete "the complaint" and insert instead --
                  " the charge ".
s. 22(2)          Delete "complaint of " and insert instead --
                  " charge of ".
                  Delete "that complaint" and insert instead --
                  " that charge ".
s. 27(2)          Delete "Where a complaint or application is being made" and
                  insert instead --
                  " In the case of a prosecution or application ".
                  Delete "the complaint" in the 2 places it occurs and in each
                  place insert instead --
                  " the charge ".




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Schedule 2        Amendments to change terminology


s. 30(1)          Delete "complaint of an offence is made to" and insert
                  instead --
                  " prosecution for an offence is commenced in ".
                  Delete "the complaint" and insert instead --
                  " the charge ".

25.        Coal Industry Tribunal of Western Australia Act 1992
s. 26(5)          Delete "Complaints" and insert instead --
                  " Prosecutions ".

26.        Community Services Act 1972
s. 19(2)          Delete "complaint" and insert instead --
                  " prosecution ".
                  Delete "laid" and insert instead --
                  " instituted ".

27.        Companies (Co-operative) Act 1943
s. 428            Delete "complaint or information" in the 3 places it occurs and
                  in each place insert instead --
                  " prosecution notice or indictment ".
                  Delete "defendant" and insert instead --
                  " accused ".

28.        Competition Policy Reform (Western Australia) Act 1996
s. 3(1)           In the definition of "instrument", in paragraph (h), after
                  "indictment," insert --
                  " prosecution notice, ".

29.        Conservation and Land Management Act 1984
s. 112            Delete "complaint of " and insert instead --
                  " prosecution notice for ".
s. 114A(2)        Delete "have a complaint of the alleged offence heard and
                  determined by" and insert instead --
                  " be prosecuted for the alleged offence in ".



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                          Amendments to change terminology           Schedule 2


s. 119            Delete "the complaint" and insert instead --
                  " an application supported by evidence ".

30.        Construction Industry Portable Paid Long Service Leave Act 1985
s. 48(1)          Delete "complaint" and insert instead --
                  " prosecution ".
                  Delete "laid" and insert instead --
                  " commenced ".
                  Delete "lay complaints" and insert instead --
                  " commence prosecutions ".

31.        Contaminated Sites Act 2003
s. 84(3)          In each provision, delete "complaint" in each place it occurs
s. 85(3)          and in each place insert instead --
s. 86(1)          " prosecution notice ".
s. 86(2)
s. 85(2)          Delete "complaint of " and insert instead --
                  " prosecution notice alleging ".
                  Delete "the complaint".
                  Delete "may be made" and insert instead --
                  " the prosecution may be commenced ".
                  Before "need" insert --
                  " the prosecution notice ".

32.        Control of Vehicles (Off-road Areas) Act 1978
s. 9B(5)          Delete "complaint" and insert instead --
                  " charge of an offence ".
s. 37(1)          Delete "have a complaint of the alleged offence heard and
                  determined by" and insert instead --
                  " be prosecuted for the alleged offence in ".
s. 39(1)(a)       Delete "complaint" and insert instead --
                  " prosecution notice ".




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Schedule 2         Amendments to change terminology


33.         Co-operative and Provident Societies Act 1903
s. 51              Delete "the complaint of the society or of " and insert
                   instead --
                   " a prosecution commenced by the society or ".
                   Delete "of the Registrar" and insert instead --
                   " by the Registrar ".
s. 59              Repeal the section.

34.         Country Areas Water Supply Act 1947
s. 12BA(1)         Delete "making a complaint of " in the 2 places it occurs and
                   in each place insert instead --
                   " commencing a prosecution for ".
                   Delete "complaint of such an offence that was made" and
                   insert instead --
                   " prosecution for such an offence that was commenced ".
s. 115(2)          Delete "complaint" and insert instead --
                   " prosecution ".
                   Delete "made" and insert instead --
                   " commenced ".

35.         Country Towns Sewerage Act 1948
s. 113(3)          Repeal the subsection.

36.         The Criminal Code
s. 17              In each provision, delete "complaint" in each place it occurs
s. 133A            and in each place insert instead --
                   " prosecution notice ".
s. 711             Delete "complaint made" and insert instead --
                   " an application supported by evidence ".
                   Delete "the complaint" and insert instead --
                   " the application ".
s. 716             Delete "complaint made" and insert instead --
                   " an application supported by evidence ".




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                             Amendments to change terminology          Schedule 2


37.          Criminal Investigation (Extra-territorial Offences) Act 1987
s. 4(2)             In each provision, delete "complaint" and insert instead --
s. 4(3)             " evidence ".

38.          Criminal Investigation (Identifying People) Act 2002
s. 3(2)             Delete "the officer investigating the offence".
s. 3(2)(a)          Before "informs" insert --
                    " the officer investigating the offence ".
s. 3(2)(b)          Delete the paragraph and insert instead --
                    "
                      (b) a prosecution of the offence is commenced against
                            the person,
                                                                                   ".

39.          Criminal Law (Mentally Impaired Defendants) Act 1996
s. 16(5)            In each provision, delete "complaint" and insert instead --
s. 19(4)            " charge ".

40.          Criminal Property Confiscation Act 2000
s. 158              Delete "complaint has been made against the person for the
                    offence" and insert instead --
                    "
                        prosecution of the person for the offence has been
                        commenced
                                                                                   ".
s. 158(a)           Delete "to answer the complaint" and insert instead --
                    " in relation to the prosecution ".
                    Delete "or" after the paragraph.
After s. 158(a)     Insert the following paragraph --
                    "
                       (aa) a court hearing notice has been issued to the person
                             in respect of the prosecution; or
                                                                                   ".




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Schedule 2        Amendments to change terminology


41.        Curtin University of Technology Act 1966
s. 20A(5)         Delete "complaint" and insert instead --
                  " prosecution notice ".
s. 20A(7)         Delete "for which a complaint may be brought," and insert
                  instead --
                  " proceedings for which may be commenced, ".

42.        Dangerous Goods Safety Act 2004
s. 56(3)(b)       Delete "have a complaint of the alleged offence heard and
                  determined by" and insert instead --
                  " be prosecuted for the alleged offence in ".
s. 58(1)          Delete "complaint" and insert instead --
                  " prosecution notice ".
s. 58(1)(a)       In each provision, delete "complainant" and insert instead --
s. 66(1)          " prosecutor ".

43.        Dental Act 1939
s. 16             Delete "complaint, information," and insert instead --
                  " prosecution ".

44.        Dental Prosthetists Act 1985
s. 27(3)          Delete "complaint" and insert instead --
                  " prosecution notice ".
s. 27(8)          Delete "complainant" in the 2 places it occurs and in each
                  place insert instead --
                  " prosecutor ".

45.        Director of Public Prosecutions Act 1991
s. 19(1)(a)       Delete "complainant" and insert instead --
                  " prosecutor ".




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                           Amendments to change terminology        Schedule 2


46.        Disability Services Act 1993
s. 54(1)          Delete "A complaint under the Criminal Procedure
                  (Summary) Act 1902 for an offence against this Act may be
                  made or sworn" and insert instead --
                  "
                     Proceedings for an offence against this Act may be
                     commenced
                                                                              ".
s. 54(2)          Delete "complainant to make or swear the complaint" and
                  insert instead --
                  " prosecutor to commence the proceedings ".

47.        Dog Act 1976
s. 53(6)          Delete "complainant" and insert instead --
                  " prosecutor ".

48.        Edith Cowan University Act 1984
s. 29(7)          Delete "complaint" and insert instead --
                  " prosecution notice ".
s. 29(9)          Delete "for which a complaint may be brought," and insert
                  instead --
                  " proceedings for which may be commenced, ".

49.        Electoral Act 1907
s. 175U(7)        Delete "same complaint" and insert instead --
                  " one prosecution notice ".
s. 205            Delete "for any such offence complaint may be made within
                  12 months from the time when the matter of complaint arose"
                  and insert instead --
                  "
                     a prosecution for any such offence may be commenced
                     within 12 months after the offence was allegedly
                     committed
                                                                             ".




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50.         Energy Operators (Powers) Act 1979
s. 67(4)           Delete "any complaint brought pursuant to" and insert
                   instead --
                   " a charge of an offence under ".
                   Delete "any offence alleged in the complaint" and insert
                   instead --
                   " the offence charged ".

51.         Environmental Protection Act 1986
s. 51R(5)          In each provision, delete "complaint" in each place it occurs
s. 114A(4)         and in each place insert instead --
s. 119             " prosecution notice ".
s. 79(3)           Delete "complaint" and insert instead --
                   " prosecution ".
s. 99B(1)(b)       Delete "have a complaint of the alleged offence heard and
                   determined by" and insert instead --
                   " be prosecuted for the alleged offence in ".
s. 99K(1)(b)       Delete "have a complaint of the alleged offence heard and
                   determined by" and insert instead --
                   " be prosecuted for the alleged offence in ".
s. 114A(3)         Delete "complaint of " and insert instead --
                   " prosecution notice alleging ".
                   Delete "the complaint".
                   Delete "may be made" and insert instead --
                   " the prosecution may be commenced ".
                   Before "need" insert --
                   " the prosecution notice ".
s. 117(1)          Delete "or served" and insert instead --
                   " to or served on a party to the proceedings ".
                   Delete "defendant" and insert instead --
                   " party ".

52.         Evidence Act 1906
s. 36              In each provision, delete "complaint" and insert instead --
s. 41              " prosecution notice ".


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s. 36C(3)(a)       Delete the paragraph and insert instead --
                   "
                     (a) the person is charged in a prosecution notice or an
                           indictment with committing a sexual offence;
                                                                                  ".
s. 100A(3)       Repeal the subsection.
s. 100A(4)       Delete "or a complaint or information is laid".
                 Delete ", or the justice, as the case may be,".
                 Delete "or seeking to lay that complaint or information".
s. 100A(5)       Delete "or laying any complaint or information".
s. 100A(6)       Delete "or" after paragraph (a).
                 Delete paragraph (b).
                 Delete "or who desires to lay a complaint or information".
s. 119(2)(a)(ii) Delete "on a complaint".
s. 119(4)        Delete "complainant was" and insert instead --
                 " proceedings were commenced by ".
Sixth Schedule Delete " "a complaint", "an indictment", "an information" "
                 and insert instead --
                 " "a prosecution notice", "an indictment" ".

53.         Exotic Diseases of Animals Act 1993
s. 16(2)           Delete "complaint being made" and insert instead --
                   " such an application supported by evidence on oath      ".

54.         Fair Trading Act 1987
s. 73(3)           Delete "have a complaint of the alleged offence heard and
                   determined by" and insert instead --
                   " be prosecuted for the alleged offence in ".

55.         Family Court Act 1997
s. 211(1)          In the definition of "decree", delete "complaint" and insert
                   instead --
                   " prosecution ".




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56.        Fertilizers Act 1977
s. 38(1)          Delete "justice before whom the complaint is laid" and insert
                  instead --
                  " person before whom the prosecution notice is signed ".
s. 38(2)(b)       Delete "complaint is laid" and insert instead --
                  " prosecution is brought ".

57.        Finance Brokers Control Act 1975
s. 92A(3)(b)      Delete "have a complaint of the alleged offence heard and
                  determined by" and insert instead --
                  " be prosecuted for the alleged offence in ".

58.        Fines, Penalties and Infringement Notices Enforcement Act 1994
s. 11             In the definition of "election", delete "complaint" and insert
                  instead --
                  " charge ".
s. 16(4)          Delete "make a complaint in respect of " and insert instead --
                  " commence a prosecution for ".

59.        Firearms Act 1973
s. 19A(2)         Delete "the complaint relating to that alleged contravention to
                  be heard and determined by" and insert instead --
                  " to be prosecuted for the alleged offence in ".
s. 21A(2)         Delete "a complaint for an offence may be made out against
                  that person" and insert instead --
                  " that person may be prosecuted for an offence ".
s. 21B(2)         Delete "complainant" in the 2 places it occurs and in each
                  place insert instead --
                  " prosecutor ".




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s. 23A            Delete "A complaint" and insert instead --
                  " A prosecution ".
                  Delete "made" and insert instead --
                  " commenced ".
                  Delete "from the time when the matter of complaint arose"
                  and insert instead --
                  "
                     after the date on which the alleged offence was
                     committed
                                                                              ".
s. 29(1)          Delete "made by the complainant and contained in the
                  complaint of the offence" and insert instead --
                  " in the prosecution notice ".
                  In paragraph (e), delete "complaint" and insert instead --
                  " prosecution notice ".

60.         First Home Owner Grant Act 2000
s. 44(1)          Delete "by a complaint" and insert instead --
                  " on an application supported by evidence ".

61.         Fish Resources Management Act 1994
s. 187(1)         Delete "by complaint made" and insert instead --
                  " on an application supported by evidence ".
s. 188(2)         Delete "a complaint" and insert instead --
                  " an application ".
s. 188(3)         Delete "complaint is sworn" and insert instead --
                  " evidence on oath in support is given ".
s. 188(7)(a)      Delete "sworn complaint" and insert instead --
                  " evidence on oath in support ".
s. 188(8)         Delete "complaint" and insert instead --
                  " evidence on oath in support ".
s. 201(3)(b)      Delete "complaint" and insert instead --
                  " prosecution notice ".




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s. 205(c)         In each provision, delete "complaint" in each place it occurs
s. 206            and in each place insert instead --
s. 207            " charge ".
s. 211
s. 212(2)(a)      In each provision, delete "complainant's" and insert instead --
s. 213(4)(a)      " prosecutor's ".
s. 212(2)(b)      In each provision, delete "complainant" in each place it occurs
s. 213(4)(b)      and in each place insert instead --
s. 218(2)         " prosecutor ".
s. 223(2)
s. 225(2)(a)
s. 229(1)(b)      Delete "have a complaint of the alleged offence heard and
                  determined by" and insert instead --
                  " be prosecuted for the alleged offence in ".

62.        Forest Products Act 2000
s. 63(4)          Delete "a complaint" and insert instead --
                  " an application supported by evidence ".

63.        Gaming and Wagering Commission Act 1987
s. 25(1)          Delete "complaint" and insert instead --
                  " an application supported by evidence on oath ".
s. 33(2)          Delete "complaint" and insert instead --
                  " charge ".
s. 36(2)          Delete "have a complaint of that offence heard and determined
                  by" and insert instead --
                  " be prosecuted for the alleged offence in ".
s. 36(4)          Delete "complaint of the alleged offence may be made" and
                  insert instead --
                  " prosecution for the alleged offence may be commenced ".
s. 39(1)(e)       Delete "a complaint arising out of the gaming or wager is
                  made against another person, on the hearing of the complaint"
                  and insert instead --
                  "
                     another person is charged with an offence arising out of
                     the gaming or wager, on the hearing of the charge
                                                                              ".

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s. 39(1)(g)       Delete "the person against whom the complaint is made" and
                  insert instead --
                  " a person charged with an offence ".
s. 39(1)(h)       Delete "the complaint may be made for such an offence" and
                  insert instead --
                  " a prosecution for such an offence may be commenced ".
s. 39(3)          Delete "complaint" and insert instead --
                  " prosecution ".
s. 43             Delete "any complaint for" and insert instead --
                  " a charge of ".
s. 51(3)(a)       Delete "the complaint may be made against the nominee" and
                  insert instead --
                  " the nominee may be charged with the offence ".

64.        Government Agreements Act 1979
s. 4(3)           Delete "on a complaint".
                  Delete "the complaint" and insert instead --
                  " the prosecution notice ".

65.        Government Railways Act 1904
s. 53A(3)(b)      Delete "have a complaint of the alleged offence heard and
                  determined by" and insert instead --
                  " be prosecuted for the alleged offence in ".

66.        Health Act 1911
s. 199(18)     Delete "on the complaint of " and insert instead --
               " by ".
s. 227(11)     Delete "The court before which any complaint is made, or any
               appeal is heard," and insert instead --
               " A court hearing a prosecution or an appeal ".
s. 227(14)     Delete "complaint" and insert instead --
               " prosecution ".
s. 246ZR(1)(a) Delete "complainant" and insert instead --
               " prosecutor ".



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Schedule 2      Amendments to change terminology


s. 246ZR(6)    Delete "proceeding on a complaint" and insert instead --
               " prosecution for an offence ".
               Delete "or complaint".
s. 246ZR(7)    Repeal the subsection.
s. 246ZX(2)(a) Delete "complainant" in the 2 places it occurs and in each
               place insert instead (in the corresponding type) --
               " prosecutor ".
               Delete "return day of the summons" and insert instead --
               " trial date set for the charge ".
               After the paragraph insert --
               " and ".
s. 246ZX(2)    Delete paragraphs (b) and (c) and insert instead --
               "
                  (b) forthwith commence a prosecution for the alleged
                       offence against the alleged offender in the court.
                                                                               ".
s. 246ZX(3)      Repeal the subsection and insert instead --
                 "
                   (3) If the accused complies with subsection (2), the
                        court shall ensure that a court hearing notice is
                        issued to the alleged offender together with such
                        other documents as the court determines and that
                        the charge against the accused and the charge
                        against the alleged offender are listed for trial on
                        the same date.
                                                                             ".
s. 246ZX(4)    Repeal the subsection.
s. 246ZX(5)    Delete "complaints" and insert instead --
               " charges ".
s. 246ZX(5)(a) Delete "complainant" and insert instead --
               " prosecutor ".
s. 246ZX(5)(b) In subparagraph (ii), delete "dismiss the complaint against the
               defendant" and insert instead --
               " find the accused not guilty of the charge ".
s. 246ZZ(1)(h) Delete "complaint" and insert instead --
               " prosecution notice ".
               Delete "complainant" and insert instead --
               " prosecutor ".


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                            Amendments to change terminology          Schedule 2


s. 289G(1)         Delete "taken" and insert instead --
                   " commenced ".
s. 289G(2)         Repeal the subsection and insert instead --
                   "
                     (2) If a prosecution for an offence against the
                           regulations purports to be commenced with the
                           written consent of the Executive Director, Public
                           Health, it is to be presumed, in the absence of
                           proof to the contrary, that the prosecution has been
                           so commenced.
                                                                                  ".
s. 298(2)          Delete "complaint was laid" and insert instead --
                   " prosecution was commenced ".
s. 354(8)          Delete "complainant" and insert instead --
                   " prosecutor ".
s. 359             Delete "information, complaint, or summons" and insert
                   instead --
                   " prosecution ".
s. 377(11)         Delete "complaint" and insert instead --
                   " prosecution notice ".

67.         Heritage of Western Australia Act 1990
s. 66(2)           Delete "complaint for" and insert instead --
                   " charge of ".
s. 66(3)(a)        Delete "from the time when the matter of complaint arose
                   notwithstanding section 51 of the Criminal Procedure
                   (Summary) Act 1902" and insert instead --
                   " after the date when the alleged offence was committed        ".
s. 70(3)           Delete "have a complaint of the alleged offence heard and
                   determined by" and insert instead --
                   " be prosecuted for the alleged offence in ".
s. 82(4)           After "this Act" insert --
                   " to a party to the proceedings ".
                   Delete "defendant" and insert instead --
                   " party ".




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Schedule 2         Amendments to change terminology


68.         Home Building Contracts Act 1991
s. 31(2)           Delete "complaint" and insert instead --
                   " prosecution notice ".
s. 31B(3)(b)       Delete "have a complaint of the alleged offence heard and
                   determined by" and insert instead --
                   " be prosecuted for the alleged offence in ".

69.         Human Reproductive Technology Act 1991
s. 52(3)           Delete "complaint for" and insert instead --
                   " charge of ".
s. 55(1)           Delete "complaint" and insert instead --
                   " an application supported by evidence on oath ".
s. 56(1)(a)        Delete "by a complaint laid".
s. 56(2)           Delete "matter of complaint arose" and insert instead --
                   " offence was allegedly committed ".
s. 57(1)           In each provision, delete "complaint" in each place it occurs
s. 57(2)           and in each place insert instead --
s. 57(8)           " prosecution notice ".
s. 57(5)           After "any notice" insert --
                   " to a party to the proceedings ".
                   Delete "defendant" and insert instead --
                   " party ".

70.         Income Tax Assessment Act 1937
s. 212             Repeal the section.
s. 227(1)          Delete "information, complaint" and insert instead --
                   " prosecution notice ".

71.         Industrial Relations Act 1979
s. 83D(1)          Delete "complaints" and insert instead --
                   " prosecutions ".
s. 96I(3)          Delete "complaint" and insert instead --
                   " charge ".




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                           Amendments to change terminology          Schedule 2


s. 104(1)          In each provision, delete "make and prosecute a complaint of "
s. 104(3)          and insert instead --
s. 104(4)          " commence and conduct a prosecution for ".
s. 104(2)          Delete "complaint shows that the person making the
                   complaint" and insert instead --
                   " prosecution notice states that the prosecutor ".
s. 104(5)          Repeal the subsection and insert instead --
                   "
                      (5) A person not referred to in subsection (1), (3)
                           or (4) may commence a prosecution for an offence
                           under this Act but the charge must be dismissed for
                           want of prosecution unless the court is satisfied
                           that the prosecutor has been affected by the
                           conduct giving rise to the offence.
                                                                                ".

72.         Land Drainage Act 1925
s. 167(4)          Delete "document" and insert instead --
                   " service of a document on a party to the proceedings ".
                   Delete "defendant" and insert instead --
                   " party ".
s. 167(7)          Delete "complaint which it is necessary to make under or for
                   the purposes of " and insert instead --
                   " prosecution of an offence under ".
                   Delete "laid" and insert instead --
                   " commenced ".
                   Delete "the complaint" and insert instead --
                   " the charge ".
s. 173(3)          Delete "complaint" and insert instead --
                   " prosecution notice ".

73.         Licensed Surveyors Act 1909
s. 24              Delete "complaint" and insert instead --
                   " prosecution ".




                                                                         page 95
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Schedule 2        Amendments to change terminology


74.         Liquor Licensing Act 1988
s. 52(2)           After "complaint" insert --
                   " or charge ".
s. 101(1)          Delete "a complaint may be made out against the person for
                   the offence" and insert instead --
                   " that person may be charged with the offence ".
s. 109(7)          Delete "complaint" and insert instead --
                   " charge of an offence ".
s. 112(2)          Delete "complaint for" and insert instead --
                   " charge of ".
s. 119(6)          Delete "complaint for" and insert instead --
                   " charge of ".
s. 125(1)          Delete "complaint for" and insert instead --
                   " charge of ".
s. 156(2)          Delete "the complaint of " and insert instead --
                   " a prosecution commenced by ".
                   Delete "complaint to" and insert instead --
                   " offence to ".
s. 161(1)          Delete "complaint" and insert instead --
                   " an application supported by evidence on oath ".
s. 162(2)          Delete "on a complaint" and insert instead --
                   " of a charge ".
s. 164(5)          After "complainant" in each of the 2 places it occurs, insert --
                   " or prosecutor ".
s. 165(3)          Delete "complaint for" and insert instead --
                   " charge of ".
s. 167(2)          Delete "complaint for the alleged offence may be heard and
                   determined by" and insert instead --
                   "
                        prosecution for the alleged offence may be
                        commenced in
                                                                                  ".
s. 167(7)(b)(i)    Delete "complaint for" and insert instead --
                   " charge of ".



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                              Amendments to change terminology        Schedule 2


s. 168(1)          Delete "complaint for an offence against this Act may be laid"
                   and insert instead --
                   "
                       prosecution for an offence against this Act may be
                       instituted
                                                                                 ".
s. 171(1)(a)       Delete "a complaint, arising out of the purchase or obtaining
                   of the liquor, is made against some other person" and insert
                   instead --
                   "
                       some other person is charged with an offence arising out
                       of the purchase or obtaining of the liquor
                                                                                 ".
s. 171(1)(b)       Delete "complaint" and insert instead --
                   " charge ".
s. 171(2)          Delete "complaint" and insert instead --
                   " charge of an offence ".
s. 172(1)          Delete "complaint" in each place it occurs and in each place
                   insert instead --
                   " charge ".
s. 172(4)          After "any notice" insert --
                   " to a party to the proceedings ".
                   Delete "defendant" and insert instead --
                   " party ".
s. 172(7)          Delete "complaint" and insert instead --
                   " prosecution notice ".

75.         Litter Act 1979
s. 30(1)           Delete "have a complaint of the alleged offence heard and
                   determined by" and insert instead --
                   " be prosecuted for the alleged offence in ".

76.         Local Government Act 1995
s. 6.56(2)         Delete "complaint,".




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Schedule 2        Amendments to change terminology


s. 9.17(1)(b)      Delete "have a complaint of the alleged offence heard and
                   determined by" and insert instead --
                   " be prosecuted for the alleged offence in ".
s. 9.26            Delete "complaint which it is necessary to make under or for a
                   purpose of " and insert instead --
                   " prosecution notice for an offence under ".

77.         Local Government (Miscellaneous Provisions) Act 1960
s. 454             Delete "complaint" and insert instead --
                   " charge ".
s. 460(5)(b)       Delete "before a Justice of the Peace at the time of making the
                   complaint therefor, or assessed on the hearing of such
                   complaint" and insert instead --
                   " or determined on the hearing of a charge of trespass ".
s. 474(2)(b)       In each provision, delete "on complaint before a court of
s. 474(3)(b)       summary jurisdiction" and insert instead --
                   " in a court of competent jurisdiction ".
s. 484(4)          Delete "complaint that" and insert instead --
                   " charge that ".
                   Delete "in respect of which the complaint is made" and insert
                   instead --
                   " concerned ".

78.         Magistrates Court Act 2004
s. 17(1)           In the definition of "document", delete "complaint" and insert
                   instead --
                   " prosecution notice ".
s. 33(5)           Delete "complaint" in the first place it occurs and insert
                   instead --
                   " charge ".
s. 33(5)(a)        In subparagraph (i), delete "complaint" and insert instead --
                   " prosecution notice containing the charge ".
                   In subparagraph (ii), delete "defendant's" and insert instead --
                   " accused's ".




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                           Amendments to change terminology            Schedule 2


79.        Marine and Harbours Act 1981
s. 18A(3)(b)(ii) Delete "have a complaint of the alleged offence heard and
                 determined by" and insert instead --
                 " be prosecuted for the alleged offence in ".

80.        Maritime Archaeology Act 1973
s. 10(3)          In each provision, delete "complaint" and insert instead --
s. 15             " charge ".
s. 16             Repeal the section and insert instead --
                  "
                     16. Limitation period for prosecutions
                          A prosecution for an offence against this Act may
                          be commenced within 12 months after the date on
                          which the offence was allegedly committed or, if
                          the person before whom the prosecution notice is
                          signed is satisfied by evidence on oath that having
                          regard to the circumstances of the case it was not
                          practicable to commence the prosecution at an
                          earlier date and gives or renews a certificate to that
                          effect, within one month after the date of the
                          certificate.
                                                                                   ".

81.        Marketing of Potatoes Act 1946
s. 22(3)          In each provision, delete "complaint for" and insert instead --
s. 22(4)          " charge of ".
s. 22B(2)         In each provision, delete "complaint" and insert instead --
s. 41E            " charge ".
s. 40(2)(b)       Delete "have a complaint of the alleged offence heard and
                  determined by" and insert instead --
                  " be prosecuted for the alleged offence in ".

82.        Medical Act 1894
s. 8(1)           Delete "complaint, information" and insert instead --
                  " prosecution ".



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Schedule 2         Amendments to change terminology


83.         Metropolitan Water Supply, Sewerage, and Drainage Act 1909
s. 152A            Repeal the section and insert instead --
                   "
                     152A. Limitation period for prosecutions
                            A prosecution for an offence against this Act may
                            be commenced within 24 months after the date
                            on which the offence was allegedly committed.
                                                                                ".
s. 159(3)          Repeal the subsection.

84.         Mines Safety and Inspection Act 1994
s. 98(1)           Delete "complaint" and insert instead --
                   " charge ".

85.         Mining Act 1978
s. 161(1)          Delete "complaint" and insert instead --
                   " charge ".

86.         Motor Vehicle (Third Party Insurance) Act 1943
s. 3(2)            Delete "complaint laid" and insert instead --
                   " a prosecution commenced ".
s. 4(6)            Delete "complaint" in the 2 places it occurs and in each place
                   insert instead --
                   " charge ".
s. 18(1)           Delete "on complaint to a court of summary jurisdiction" and
                   insert instead --
                   " to the Magistrates Court ".

87.         Motor Vehicle Dealers Act 1973
s. 55(2)           Delete "complainant" in the 2 places it occurs and in each
                   place insert instead --
                   " prosecutor ".
s. 55A(3)(b)       Delete "have a complaint of the alleged offence heard and
                   determined by" and insert instead --
                   " be prosecuted for the alleged offence in ".


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                            Amendments to change terminology           Schedule 2


88.         Motor Vehicle Repairers Act 2003
s. 101(2)(c)       Delete "have a complaint of the alleged offence heard and
                   determined by" and insert instead --
                   " be prosecuted for the alleged offence in ".
s. 110(3)          Delete "complainant" in the 2 places it occurs and in each
                   place insert instead --
                   " prosecutor ".

89.         Murdoch University Act 1973
s. 24(8)           Delete "The complaint in respect of an offence against a
                   by-law shall be made and the proceedings" and insert
                   instead --
                   " Proceedings for an offence against a by-law shall be       ".
                   Delete "thereby charged was" and insert instead --
                   " was allegedly ".
s. 24(11)          Delete "complaint" and insert instead --
                   " charge ".

90.         Museum Act 1969
s. 48              Delete "any complaint preferred by the Trustees" and insert
                   instead --
                   " a charge ".

91.         National Trust of Australia (W.A.) Act 1964
s. 26(2)(b)        Delete the paragraph.

92.         New Tax System Price Exploitation Code (Western Australia)
            Act 1999
s. 3(1)            In the definition of "instrument", in paragraph (h), after
                   "indictment," insert --
                   " prosecution notice, ".

93.         Nurses Act 1992
s. 80(3)           Delete "complaint" and insert instead --
                   " prosecution notice ".


                                                                          page 101
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Schedule 2        Amendments to change terminology


s. 81(2)          Delete "complainant" in the 2 places it occurs and in each
                  place insert instead --
                  " prosecutor ".

94.        Occupational Safety and Health Act 1984
s. 53             Delete "complaint" and insert instead --
                  " charge ".

95.        Occupational Therapists Registration Act 1980
s. 42(3)          Delete "complaint" and insert instead --
                  " prosecution notice ".
s. 42(8)          Delete "complainant" in the 2 places it occurs and in each
                  place insert instead --
                  " prosecutor ".

96.        Official Prosecutions (Defendants' Costs) Act 1973
s. 4(1)           In the definition of "official prosecution", delete "on a
                  complaint".
s. 4(2)(b)(ii)    Delete "on the same complaint" and insert instead --
                  " in the one prosecution notice ".

97.        Optometrists Act 1940
s. 18             Delete "complaint, information" and insert instead --
                  " prosecution ".

98.        Painters' Registration Act 1961
s. 20(2)          Repeal the subsection and insert instead --
                  "
                    (2)    A prosecution for an offence against this Act
                           must be commenced within 18 months after the
                           date on which the offence was allegedly
                           committed.
                                                                               ".
s. 26A(2)         Delete "complainant" in the 2 places it occurs and in each
                  place insert instead --
                  " prosecutor ".

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                          Amendments to change terminology         Schedule 2


s. 26B            Delete "complaint for" and insert instead --
                  " charge of ".

99.        Pawnbrokers and Second-hand Dealers Act 1994
s. 90(3)(b)       Delete "have a complaint of the alleged offence heard and
                  determined by" and insert instead --
                  " be prosecuted for the alleged offence in ".

100.       Pearling Act 1990
s. 52(2)          Repeal the subsection and insert instead --
                  "
                    (2) A prosecution for an offence against this Act
                           must be commenced within 12 months after the
                           date on which the offence was allegedly
                           committed.
                                                                              ".
s. 53(1)          Delete "complaint" and insert instead --
                  " charge ".

101.       Perth Market Act 1926
s. 13B(1)         Delete "have a complaint of the alleged offence heard and
                  determined by" and insert instead --
                  " be prosecuted for the alleged offence in ".

102.       Perth Parking Management Act 1999
s. 19(2)(c)       Delete "have a complaint of the alleged offence heard and
                  determined by" and insert instead --
                  " be prosecuted for the alleged offence in ".




                                                                      page 103
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Schedule 2        Amendments to change terminology


103.        Petroleum Products Pricing Act 1983
s. 31              Repeal the section and insert instead --
                   "
                     31. Limitation period for prosecutions
                            A prosecution for an offence against this Act
                            must be commenced within 12 months after the
                            date on which the offence was allegedly
                            committed.
                                                                               ".
s. 31C(1)(b)       Delete "have a complaint of the alleged offence heard and
                   determined by" and insert instead --
                   " be prosecuted for the alleged offence in ".

104.        Petroleum Safety Act 1999
s. 84(1)           Delete "complaint" and insert instead --
                   " charge ".

105.        Pharmacy Act 1964
s. 42(1)           Delete "complaint, information" and insert instead --
                   " prosecution ".

106.        Pig Industry Compensation Act 1942
s. 14(2a)          Repeal the subsection and insert instead --
                   "
                     (2a) A prosecution for an offence against this Act
                            must be commenced within 12 months after the
                            date on which the offence was allegedly
                            committed.
                                                                               ".

107.        Planning and Development Act 2004
s. 233(1)(c)       Delete "have a complaint of the alleged offence heard and
                   determined by" and insert instead --
                   " be prosecuted for the alleged offence in ".




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                             Amendments to change terminology       Schedule 2


108.       Plant Diseases Act 1914
s. 35(3)(b)       Delete "have a complaint of the alleged offence heard and
                  determined by" and insert instead --
                  " be prosecuted for the alleged offence in ".
s. 35A(2)         Delete "complainant" in the 2 places it occurs and in each
                  place insert instead --
                  " prosecutor ".
s. 36             Delete "complaint" and insert instead --
                  " prosecution notice ".

109.       Podiatrists Registration Act 1984
s. 41(3)          Delete "complaint" and insert instead --
                  " prosecution notice ".
s. 41(8)          Delete "complainant" in the 2 places it occurs and in each
                  place insert instead --
                  " prosecutor ".

110.       Poisons Act 1964
s. 55A(1)         Delete "by a complaint made" and insert instead --
                  " on an application supported by evidence ".
s. 60(1)(a)       Delete "complainant" and insert instead --
                  " prosecutor ".

111.       Police Act 1892
s. 16(2)          In each provision, delete "complaint" and insert instead --
s. 16A(2)         " charge ".
s. 45             Delete "information" and insert instead --
                  " indictment ".
s. 74             In each provision, delete "information" and insert instead --
s. 98             " charge ".
s. 101            Delete "on the complaint of any such Justice, or constable,
                  forfeit and pay a sum" and insert instead --
                  " be liable to a fine ".




                                                                       page 105
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Schedule 2         Amendments to change terminology


s. 125             Delete "lodge any information before any Justice" and insert
                   instead --
                   " commence a prosecution ".
                   Delete "such Justice" and insert instead --
                   " a court ".
                   Delete "information" and insert instead --
                   " prosecution ".
s. 133             Delete "the complaint or information" and insert instead --
                   " a charge ".
                   Delete "information or complaint" and insert instead --
                   " charge ".
                   Delete "informed or complained against" and insert instead --
                   " charged ".

112.        Port Authorities Act 1999
s. 120(3)          Delete "complaint" in the 2 places it occurs and in each place
                   insert instead --
                   " prosecution notice ".
s. 125(1)(b)       Delete "have a complaint of the alleged offence heard and
                   determined by" and insert instead --
                   " be prosecuted for the alleged offence in ".

113.        Prisoners (Interstate Transfer) Act 1983
s. 13(b)           Delete "or complaint".
s. 18(b)           Delete "complaint or information alleging any offence by the
                   person" and insert instead --
                   " charge against the person of an offence ".
s. 21(2)           Delete "a complaint or information alleging an offence by a
                   person" and insert instead --
                   " a charge against a person of an offence ".
s. 21(2)(b)        Delete "complaint or information" and insert instead --
                   " charge ".




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                           Amendments to change terminology         Schedule 2


114.       Prisons Act 1981
s. 32(2)          Delete "lay a complaint of " and insert instead --
                  "
                    commence a prosecution in a court of summary
                    jurisdiction for
                                                                               ".

115.       Prostitution Act 2000
s. 55(1)          Repeal the subsection and insert instead --
                  "
                    (1) A prosecution for an offence under this Act can
                           only be commenced by a police officer.
                                                                               ".

116.       Psychologists Registration Act 1976
s. 55(3)          Delete "complaint" and insert instead --
                  " prosecution notice ".
s. 55(8)          Delete "complainant" in the 2 places it occurs and in each
                  place insert instead --
                  " prosecutor ".

117.       Public Meetings and Processions Act 1984
s. 9(2)           Delete "complaint" and insert instead --
                  " charge ".
                  Delete "complainant" and insert instead --
                  " prosecutor ".

118.       Public Transport Authority Act 2003
s. 45(1)(b)       Delete "have a complaint of the alleged offence heard and
                  determined by" and insert instead --
                  " be prosecuted for the alleged offence in ".




                                                                       page 107
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Schedule 2        Amendments to change terminology


s. 66(1)          Delete "complaint of an offence under this Act can only be
                  made" and insert instead --
                  "
                    prosecution for an offence under this Act can only be
                    commenced
                                                                               ".
s. 66(2)          Delete "make a complaint of " and insert instead --
                  " commence a prosecution for ".
s. 68             Delete "complaint" and insert instead --
                  " prosecution notice ".

119.       Rail Safety Act 1998
s. 56(1)          Repeal the subsection and insert instead --
                  "
                    (1) A prosecution for an offence against this Act
                           must be commenced within 2 years after the date
                           on which the offence was allegedly committed
                           or, with the written authority of the Attorney
                           General, at a later time within 3 years after the
                           date on which the offence was allegedly
                           committed.
                                                                               ".
s. 56(2)          Delete "complaint of " and insert instead --
                  " prosecution for ".

120.       Rates and Charges (Rebates and Deferments) Act 1992
s. 38(2)          Repeal the subsection and insert instead --
                  "
                    (2) A prosecution for an offence under subsection (1)
                           must be commenced within 5 years after the date
                           on which the offence was allegedly committed.
                                                                               ".




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                           Amendments to change terminology           Schedule 2


121.        Real Estate and Business Agents Act 1978
s. 143(3)          Delete "Without limiting the application of section 72 of the
                   Criminal Procedure (Summary) Act 1902 in relation to a
                   complaint for an offence against this Act, in any proceedings
                   for an offence against this Act an allegation in the complaint"
                   and insert instead --
                   " An allegation in a charge of an offence against this Act ".

122.        Retail Trading Hours Act 1987
s. 14(15)          Delete "prosecution of a complaint" and insert instead --
                   " charge ".
s. 39(d)           Delete "complaint" and insert instead --
                   " charge ".

123.        Road Traffic Act 1974
s. 15(3)(b)        Delete "complaint for" and insert instead --
                   " charge of ".
s. 81F(2)          Delete "on the complaint" and insert instead --
                   " in the charge ".
                   Delete "complainant" and insert instead --
                   " prosecutor ".
s. 98(1)           In each provision, delete "complaint" and insert instead --
s. 98(1a)          " prosecution notice ".
s. 98(3)(a)
s. 98(4)
s. 98(5)           Repeal the subsection and insert instead --
                   "
                     (5) If, in a prosecution notice for an offence against
                            this Act, the name of the accused is that given by
                            the alleged offender at the time of, or
                            immediately following, the occurrence giving
                            rise to the charge, there is a presumption,
                            rebuttable by evidence to the contrary, that the
                            accused is the alleged offender.
                                                                                 ".




                                                                        page 109
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Schedule 2        Amendments to change terminology


s. 100(1)          Delete "complaints" in the 2 places it occurs and in each place
                   insert instead --
                   " charges ".
s. 102(1)          Delete "have a complaint of the alleged offence heard and
                   determined by" and insert instead --
                   " be prosecuted for the alleged offence in ".
s. 107(4)          Repeal the subsection and insert instead --
                   "
                      (4) A prosecution for an offence under section 24,
                             49(1)(a), 53 or 97 must be commenced within
                             2 years after the date on which the offence was
                             allegedly committed.
                                                                                 ".

124.        Road Traffic Amendment Act (No. 2) 1987
s. 11              In the proposed section 89(3) of the Road Traffic Act 1974,
                   delete "complaint of an offence under this section has been
                   made" and insert instead --
                   "
                       prosecution for an offence under this section has been
                       commenced
                                                                                 ".
                   Delete "by whom the complaint was made" and insert
                   instead --
                   " who commenced the prosecution ".
                   Delete "complaint is" and insert instead --
                   " charge is ".

125.        Road Traffic Amendment Act 2000
s. 32              In the proposed section 58(5) of the Road Traffic Act 1974,
                   delete "On a complaint charging a person" and insert
                   instead --
                   " If a person is charged ".
s. 44              In the proposed section 102C(4) of the Road Traffic Act 1974,
                   delete "On a complaint charging a person" and insert
                   instead --
                   " If a person is charged ".

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                                                              Bill 2004



                           Amendments to change terminology           Schedule 2


126.       Rottnest Island Authority Act 1987
s. 42(2)          Delete "have a complaint of the alleged offence heard and
                  determined by" and insert instead --
                  " be prosecuted for the alleged offence in ".

127.       Sale of Land Act 1970
s. 19B(5)         Delete "complaint for" and insert instead --
                  " charge of ".

128.       School Education Act 1999
s. 9(3)           Delete "complaint of an offence against subsection (2) is not
                  to be made" and insert instead --
                  "
                      prosecution for an offence against subsection (2) is not
                      to be commenced
                                                                                 ".
s. 41(1)          Delete "complaint of an offence against section 38 is not to be
                  made" and insert instead --
                  "
                      prosecution for an offence against section 38 is not to be
                      commenced
                                                                                 ".
s. 41(2)          Delete "make a complaint" and insert instead --
                  " commence a prosecution ".
                  Delete "making a complaint" and insert instead --
                  " commencing a prosecution ".
s. 42(1)          Delete "complaint of an offence against section 38(1) or 38(2)
                  is not to be made" and insert instead --
                  "
                      prosecution for an offence against section 38(1) or 38(2)
                      is not to be commenced
                                                                                 ".
s. 44             Delete "complaint" and insert instead --
                  " charge ".




                                                                        page 111
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Bill 2004



Schedule 2         Amendments to change terminology


s. 45(2)           In each provision, delete "make a complaint" and insert
s. 243(3)          instead --
                   " commence ".
s. 243(2)          Delete "complaint" and insert instead --
                   " prosecution notice ".

129.        Securities Industry Act 1975
s. 77(1)           Delete "of the complaint" in the 3 places it occurs and in each
                   place insert instead --
                   " on which the prosecution was commenced ".

130.        Seeds Act 1981
s. 18(2)           Delete "There shall be served with the summons issued upon
                   complaint of an offence" and insert instead --
                   "
                     On being charged with an offence against this Act, a
                     person shall be served with
                                                                                 ".
                   Delete "summons." and insert instead --
                   " prosecution notice. ".
s. 23(2)           Delete "complaint" and insert instead --
                   " application ".

131.        Settlement Agents Act 1981
s. 121(3)          Delete "Without limiting the application of section 72 of the
                   Criminal Procedure (Summary) Act 1902 in relation to a
                   complaint for an offence against this Act, in any proceedings
                   for an offence against this Act an allegation in the complaint"
                   and insert instead --
                   " An allegation in a charge of an offence against this Act ".

132.        Soil and Land Conservation Act 1945
s. 45(1)           Delete "complaint, information" and insert instead --
                   " prosecution ".
                   Delete "made, laid and taken" and insert instead --
                   " commenced ".

page 112
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                                                              Bill 2004



                           Amendments to change terminology          Schedule 2


133.        Spear-guns Control Act 1955
s. 6               Delete "complaint" and insert instead --
                   " charge ".

134.        Spent Convictions Act 1988

 


 

ong title Delete "complaint or indictment" and insert instead -- " charge ". 135. Suitors' Fund Act 1964 s. 14(1)(b) Delete "complaint" and insert instead -- " summarily ". 136. Swan River Trust Act 1988 s. 64(5)(b) Delete "complaint made" and insert instead -- " an application supported by evidence ". s. 65(1) Delete "A complaint for an offence against this Act may be made and prosecuted by -- " and insert instead -- " A prosecution for an offence against this Act may be commenced and conducted by -- ". s. 65(3) Delete "complaint" and insert instead -- " charge ". s. 67(2) Delete "have a complaint of the alleged offence heard and determined by" and insert instead -- " be prosecuted for the alleged offence in ". 137. Taxation Administration Act 2003 s. 100(1) Delete "by a complaint" and insert instead -- " on an application supported by evidence ". s. 112(2) Delete "complaint" and insert instead -- " prosecution notice ". Delete "complaint is laid" and insert instead -- " prosecution is commenced ". page 113 Criminal Procedure and Appeals (Consequential and Other Provisions) Bill 2004 Schedule 2 Amendments to change terminology s. 123 Delete "complaint" in the 3 places it occurs and in each place insert instead -- " charge ". 138. Taxi Act 1994 s. 33 Delete "complaint" and insert instead -- " charge ". s. 39(2)(b) Delete "have a complaint of the alleged offence heard and determined by" and insert instead -- " be prosecuted for the alleged offence in ". 139. Transport Co-ordination Act 1966 s. 33(6) In each provision, delete "complaint" and insert instead -- s. 51 " charge ". s. 58A(3)(b) Delete "have a complaint of the alleged offence heard and determined by" and insert instead -- " be prosecuted for the alleged offence in ". 140. Travel Agents Act 1985 s. 55 Repeal the section and insert instead -- " 55. Limitation period for prosecutions A prosecution for an offence against this Act must be commenced within 12 months after the date on which the Commissioner first becomes aware of the commission of the alleged offence. ". 141. University of Western Australia Act 1911 s. 16A(7) Delete "complaint" and insert instead -- " charge ". s. 16A(9) Delete "A complaint for" and insert instead -- " An allegation of ". Delete "brought, heard and determined" and insert instead -- " dealt with ". page 114 Criminal Procedure and Appeals (Consequential and Other Provisions) Bill 2004 Amendments to change terminology Schedule 2 142. Valuation of Land Act 1978 s. 47 Delete "complaint" and insert instead -- " prosecution ". Delete "laid" and insert instead -- " instituted ". Delete "lay complaints" and insert instead -- " institute prosecutions ". 143. Veterinary Preparations and Animal Feeding Stuffs Act 1976 s. 44(1) Delete "no complaint" and insert instead -- " no prosecution for an offence ". Delete "be made" and insert instead -- " be commenced ". Delete "Justice before whom the complaint is made" and insert instead -- " person before whom the prosecution notice is signed ". Delete "make the complaint" and insert instead -- " commence the prosecution ". s. 44(2) Delete "making of a complaint" and insert instead -- " commencement of a prosecution ". s. 49(1) Delete ", complainant". After "defendant" insert -- " or accused ". s. 50 Delete "have the complaint dismissed or prevent his conviction" and insert instead -- " be acquitted ". s. 61(5) Delete "complainant or". 144. Veterinary Surgeons Act 1960 s. 27(1)(c) Delete "make a complaint" and insert instead -- " commence a prosecution ". page 115 Criminal Procedure and Appeals (Consequential and Other Provisions) Bill 2004 Schedule 2 Amendments to change terminology 145. Vexatious Proceedings Restriction Act 2002 s. 3 In the definition of "institute proceedings", delete "laying of a complaint" and insert instead -- " commencement of a prosecution ". 146. Water Agencies (Powers) Act 1984 s. 103(2) Delete "have a complaint of the alleged offence heard and determined by" and insert instead -- " be prosecuted for the alleged offence in ". 147. Water Boards Act 1904 s. 154(2) Repeal the subsection. s. 162(2) Delete "have a complaint of the alleged offence heard and determined by" and insert instead -- " be prosecuted for the alleged offence in ". 148. Waterways Conservation Act 1976 s. 71(2) Delete "A complaint for an offence against this Act may be made and prosecuted by --" and insert instead -- " A prosecution for an offence against this Act may be commenced and conducted by -- ". s. 75(1)(c) Delete "make a complaint" and insert instead -- " commence a prosecution ". s. 75(2) Delete "complaint" and insert instead -- " charge ". s. 75(5) Delete "or served" and insert instead -- " to or served on a party to the proceedings ". Delete "defendant" and insert instead -- " party ". page 116 Criminal Procedure and Appeals (Consequential and Other Provisions) Bill 2004 Amendments to change terminology Schedule 2 149. Weights and Measures Act 1915 s. 27G(11) In each provision, delete "complainant" in each place it occurs s. 27L(6) and in each place insert instead -- s. 27M(1) " prosecutor ". s. 47(2) s. 40(4) Delete "on complaint". s. 40(5) Delete "complainant" and insert instead -- " person instituting the prosecution ". s. 48 Delete "an information is laid" and insert instead -- " a prosecution is commenced ". s. 49 Delete "defendant" and insert instead -- " the accused ". 150. Western Australian College of Teaching Act 2004 s. 84(3) Delete "complaint" and insert instead -- " prosecution notice ". s. 84(4) Delete "make a complaint" and insert instead -- " commence ". 151. Western Australian Marine Act 1982 s. 125A Repeal the section and insert instead -- " 125A. Limitation period for prosecutions A prosecution for an offence against this Act or any subsidiary legislation under this Act must be commenced within 3 years after the date on which the offence was allegedly committed. ". s. 129 In each provision, delete "complaint" and insert instead -- s. 130 " charge ". s. 132(1) Delete "have a complaint of that offence heard and determined by" and insert instead -- " be prosecuted for the alleged offence in ". page 117 Criminal Procedure and Appeals (Consequential and Other Provisions) Bill 2004 Schedule 2 Amendments to change terminology 152. Western Australian Sports Centre Trust Act 1986 s. 18C(3)(b)(ii) Delete "have a complaint of the alleged offence heard and determined by" and insert instead -- " be prosecuted for the alleged offence in ". 153. Western Australian Trotting Association Act 1946 s. 9(3) Delete "complaint" and insert instead -- " charge ". 154. The Western Australian Turf Club Act 1892 s. 22 Delete "proceed with all convenient dispatch to the hearing of the complaint against the offender" and insert instead -- " deal with the offender according to law ". 155. White Phosphorus Matches Prohibition Act 1912 s. 5 Delete "complaint to" and insert instead -- " being charged before ". 156. Wildlife Conservation Act 1950 s. 20(3)(a) Delete "complaint made" and insert instead -- " an application supported by evidence ". s. 20(3)(c) Delete "make a complaint on oath before a justice of the peace alleging that in his opinion there had been no reasonable grounds for the exercise of that power, and thereupon the justice shall cause the matter to be inquired into and shall make his findings known to the complainant" and insert instead -- " apply to the Magistrates Court for a review of the exercise of that power on the grounds there were no reasonable grounds for its exercise and the court shall inquire into the matter and make its findings known to the applicant ". page 118 Criminal Procedure and Appeals (Consequential and Other Provisions) Bill 2004 Amendments to change terminology Schedule 2 s. 26A Repeal the section and insert instead -- " 26A. Limitation period for prosecutions A prosecution for an offence against this Act must be commenced within 2 years after the date on which the offence was allegedly committed. ". s. 27(2) Delete "complainant, defendant" and insert instead -- " prosecutor, accused ". s. 27D Repeal the section and insert instead -- " 27D. Presumption as to identity If, in a prosecution notice for an offence against this Act, the name of the accused is that given by the alleged offender at the time of, or immediately following, the occurrence giving rise to the charge, there is a presumption, rebuttable by evidence to the contrary, that the accused is the alleged offender. ". 157. Workers' Compensation and Rehabilitation Act 1981 s. 115(1)(d) Delete "complaints under" and insert instead -- " the matters referred to in ". s. 170(3) Repeal the subsection and insert instead -- " (3) A prosecution for an offence under this section must be commenced within 2 years after the date on which the offence was allegedly committed. ". s. 188A(1) Delete "complaints for" and insert instead -- " charges of ". 158. Workers' Compensation and Injury Management Act 1981 s. 175H(2)(c) Delete "have a complaint of the alleged offence heard and determined by" and insert instead -- " be prosecuted for the alleged offence in ". page 119 Criminal Procedure and Appeals (Consequential and Other Provisions) Bill 2004 Schedule 2 Amendments to change terminology s. 188B(3) Delete "complaint" in the 2 places it occurs and in each place insert instead -- " prosecution notice ". 159. Young Offenders Act 1994 s. 33(2) Delete "before which a complaint of the offence is made, upon being satisfied that the person has complied with the terms, is to dismiss the complaint." and insert instead -- " hearing a charge of the offence, upon being satisfied that the person has complied with the terms, must dismiss the charge without determining it. ". s. 42(4) Repeal the subsection and insert instead -- " (4) If a copy of a notice to attend court issued to a person under this section is lodged with a court, the notice is to be taken to be a prosecution notice charging the person with the alleged offence described. ". s. 175 Delete "that a complaint of the offence be laid before a court" and insert instead -- " to commence a prosecution in a court of summary jurisdiction for the detention offence ". s. 186(1) Delete "complaint" and insert instead -- " a prosecution notice ". s. 186(2) Delete "lay the complaint" and insert instead -- " commence the prosecution ". 160. Zoological Parks Authority Act 2001 s. 43(3)(b) Delete "have a complaint of the alleged offence heard and determined by" and insert instead -- " be prosecuted for the alleged offence in ".

 


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