Western Australian Numbered Acts Western Australian Numbered Acts[s. 58]
1. Bail Act 1982 amended
(1) The amendments in
this clause are to the Bail Act 1982 * .
[* Reprinted as at 27
August 1999.
For
subsequent amendments see 2000 Index to Legislation of Western Australia,
Table 1, p. 27 and Acts Nos. 6 and 27 of 2002. ]
(2) Section 20(3)(a)
is deleted and the following paragraph is inserted instead —
“
(a) if the offence is one that may be tried on indictment,
before a court decides that it is to be tried on indictment;
”.
2. Biological Control Act 1986 amended
(1) The amendments in
this clause are to the Biological Control Act 1986 * .
[* Act No. 106 of
1986.
For subsequent
amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 33
.]
(2) Section 45(2) is
amended as follows:
(a) by
deleting “an indictable offence” and inserting
instead —
“ a crime ”;
(b) by
inserting at the foot of the section —
“
Summary conviction penalty: imprisonment for one
year.
”.
(3) Section 45(3) and
(4) are repealed.
3. Bush Fires Act 1954 amended
(1) The amendments in
this clause are to the Bush Fires Act 1954 *.
[* Reprinted as at 20
January 1997.
For
subsequent amendments see 2001 Index to Legislation of Western Australia,
Table 1, p. 41 and Act No. 38 of 2002. ]
(2) Section 32 is
amended by deleting “an indictable offence” and inserting
instead —
“ a crime ”.
4. Children’s Court of Western Australia Act
1988 amended
(1) The amendments in
this clause are to the Children’s Court of Western Australia Act 1988 *.
[*
Reprinted as at 25 August 2000.
For subsequent
amendments see Western Australian Legislation Information Tables for 2002,
Table 1, p. 54 .]
(2) Section 19B(1),
(2) and (3) are repealed and the following subsections are inserted
instead —
“
(1) If a child is charged with an indictable offence
and —
(a) the
offence is such that, if an adult were charged with it, it must be tried on
indictment; or
(b) the
circumstances of the alleged offence are such that —
(i)
if an adult were charged with it, it could, by virtue of
section 5 of The Criminal Code , or another written law, be tried either on
indictment or summarily; and
(ii)
the Court, having complied with section 99(2) of the
Justices Act 1902 , decides that it is to be tried on indictment,
the child may elect to
be tried on indictment by the Supreme Court or the District Court (as the case
requires), and the Court shall so inform the child.
(2) If a child is
charged with an indictable offence and the circumstances of the alleged
offence are such that the child is not entitled to make an election under
subsection (1), the Court shall, subject to the provisions referred to in
section 19(1), hear and determine the charge summarily.
(3) If a child makes
an election under subsection (1) —
(a) the
Court, under Part V of the Justices Act 1902 , shall deal with the charge,
commit the child to the Supreme Court or the District Court (as the case
requires) and exercise the jurisdiction and powers conferred on justices; and
(b) the
Justices Act 1902 applies,
as if the charge were
one that must be tried on indictment.
”.
(3) Section 19B(4) is
amended by deleting “, and the charge, if an adult were similarly
charged before a court of petty sessions, could not be dealt with
summarily”.
(4) Section 19C(1) is
repealed and the following subsection is inserted instead —
“
(1) Notwithstanding section 19B, if —
(a) the
Court is satisfied —
(i)
that a person who has reached 18 years of age (the
“adult” ) is charged with the same indictable offence as a child
or with an indictable offence arising from the same acts, omissions, or
circumstances as are alleged against a child charged with an indictable
offence; and
(ii)
that the adult is to be tried on indictment for the
offence;
and
(b) the
Court is for any reason of the opinion that it is appropriate that the child
be dealt with on indictment jointly with the adult,
then —
(c) the
Court, under Part V of the Justices Act 1902 , shall deal with the charge,
commit the child to the court where the adult is to be tried and exercise the
jurisdiction and powers conferred on justices; and
(d) the
Justices Act 1902 applies,
as if the charge were
one that must be tried on indictment.
”.
(5) Section 19C(3) is
amended as follows:
(a) by
deleting “subsection (1)(d)” and inserting instead —
“ subsection (1) ”;
(b) by
deleting “section 19B(3) or (4)” and inserting
instead —
“ section 19B(2) or (4) ”.
5. Companies (Co-operative) Act 1943 amended
(1) The amendments in
this clause are to the Companies (Co-operative) Act 1943 * .
[* Reprinted as at 14
January 2000.
For
subsequent amendments see 2001 Index to Legislation of Western Australia,
Table 1, p. 60 and Gazette 28 June 2002 p. 3052-4. ]
(2) Section 280(1) is
amended as follows:
(a) by
deleting “liable on conviction on indictment to imprisonment for a term
not exceeding one year, or on summary conviction to imprisonment for a term
not exceeding 6 months.” and inserting instead —
“
guilty of a misdemeanour and liable to imprisonment for one
year.
”;
(b) by
inserting at the foot of the subsection —
“
Summary conviction penalty: $6 000.
”.
(3) Section 281(3) is
amended by deleting “liable on conviction on indictment to imprisonment
for a term not exceeding one year.” and
inserting instead —
“
guilty of a misdemeanour and
liable to imprisonment for one year.
”.
(4) Section 425 is
amended as follows:
(a) by
deleting the passage beginning with “and be liable on summary
conviction” and ending with “ The Criminal Code ”;
(b) by
inserting at the foot of the section —
“
Summary conviction penalty: $6 000.
”.
6. Coroners Act 1996 amended
(1) The amendments in
this clause are to the Coroners Act 1996 * .
[* Reprinted as at 3
August 2001.
For
subsequent amendments see 2001 Index to Legislation of Western Australia,
Table 1, p. 77. ]
(2) Section 46A is
repealed and the following section is inserted instead —
A person who does not
obey a summons, order, or direction of a coroner issued or given under
section 46(1) is guilty of a crime and is liable to imprisonment for 5
years and to a fine of $100 000.
Summary conviction penalty: imprisonment for 2
years and a fine of $40 000.
”.
7. Court Security and Custodial Services Act 1999
amended
(1) The amendments in
this clause are to the Court Security and Custodial Services Act 1999 * .
[* Reprinted as at 13
July 2001. ]
(2) Section 90(1) is
amended by inserting at the foot of the subsection —
“
Summary conviction penalty: imprisonment for 2 years or a
fine of $8 000.
”.
(3) Section 90(3) is
repealed.
8. Criminal Code Act 1913 amended
(1) The amendment in
this clause is to the Criminal Code Act 1913 *.
[*
Reprint 10 as at 7 February 2003 (see Appendix B to the Criminal
Code Act Compilation Act 1913). ]
(2) Section 4 is
amended by deleting “indictable”.
9. Criminal Law (Mentally Impaired Defendants) Act
1996 amended
(1) The amendments in
this clause are to the Criminal Law (Mentally Impaired Defendants) Act 1996* .
[* Reprinted as at 21
June 2002.
For
subsequent amendments see Act No. 27 of 2002. ]
(2) Section 17 is
repealed and the following section is inserted instead —
“
17. Procedure for indictable offences
(1) This section
applies if the defendant is charged with an indictable offence —
(a) that
must be dealt with on indictment; or
(b)
that, under section 5 of The Criminal Code or under another written law, the
magistrate decides is to be dealt with on indictment.
(2) Despite the fact
that the defendant is mentally unfit to stand trial, the procedure in Part V
of the Justices Act 1902 is to be followed and the defendant, while not
mentally fit, is presumed to plead not guilty to the charge.
”.
10. Electoral Act 1907 amended
(1) The amendments in
this clause are to the Electoral Act 1907 * .
[* Reprinted as at 15
December 2000.
For
subsequent amendments see 2001 Index to Legislation of Western Australia,
Table 1, p. 109. ]
(2) Sections 204 and
205 are each amended by deleting “indictable offences” and
inserting instead —
“ crimes ”.
11. Evidence Act 1906 amended
(1) The amendments in
this clause are to the Evidence Act 1906 *.
[* Reprinted as at 4
January 2001.
For
subsequent amendments see 2001 Index to Legislation of Western Australia,
Table 1, p. 121 and Acts Nos. 3 and 27 of 2002. ]
(2) Section 106F(4) is
amended by deleting “an indictable offence” and inserting
instead —
“ a misdemeanour ”.
12. Fair Trading Act 1987 amended
(1) The amendments in
this clause are to the Fair Trading Act 1987 * .
[* Reprinted as at 16
November 2001. ]
(2) Section 69(1) is
amended as follows:
(a) by
deleting “an indictable offence which, subject to section 71, the
defendant may elect to have dealt with summarily.” and inserting
instead —
“ a crime. ”;
(b) by
inserting at the foot of the subsection —
“
Summary conviction penalty: the lesser of a fine of
$6 000 or the maximum penalty provided by this Act for the offence.
”.
(3) Section 69(2) is
amended by deleting “and section 71(1) ”.
(4) Section 71 is
repealed.
13. Family Court Act 1997 amended and
consequential amendment to Sentencing Legislation Amendment and Repeal Act
2003
(1) The amendments in
this clause are to the Family Court Act 1997 * except where otherwise
indicated.
[*
Act No. 40 of 1997.
For subsequent amendments see
Western Australian Legislation Information Tables for 2002, Table 1, p. 130-1
.]
(2) Section 243(5) is
amended as follows —
(a) by
deleting “an indictable offence” and inserting
instead —
“ a crime ”;
(b) by
inserting at the foot of the subsection —
“
Summary conviction
penalty:
(a) in
the case of a body corporate, a fine of $5 500;
(b) in
any other case, a fine of $2 750.
”.
(3) Section 243(6) is
repealed.
(4) If this clause
comes into operation before the Sentencing Legislation Amendment and Repeal
Act 2003 section 60 comes into operation, that section is repealed.
(1) The amendments in
this clause are to the Firearms Act 1973* .
[* Reprinted as at 11
August 2000.
For
subsequent amendments see 2001 Index to Legislation of Western Australia,
Table 1, p. 139. ]
(2) Sections 6(3),
7(2), 19(4), 23(3) and 23(5) are each amended by deleting “an indictable
offence” and inserting instead —
“ a crime ”.
(3) Section 23(3) is
amended by deleting the summary conviction penalty provision and inserting
instead —
“
Summary conviction
penalty:
(a) in a
case to which paragraph (a) applies: Imprisonment for 2 years or a fine of
$8 000;
(b) in a
case to which paragraph (b) applies: Imprisonment for 12 months or a fine of
$4 000.
”.
(4) Section 23(5) is
amended by deleting the summary conviction penalty provision and inserting
instead —
“
Summary conviction
penalty: Imprisonment for 12 months or a fine of $4 000.
”.
(5) Section 23D is
repealed.
15. Gold Corporation Act 1987 amended
(1) The amendments in
this clause are to the Gold Corporation Act 1987 * .
[* Reprinted as at 2
January 2001. ]
(2) Section 71(1) is
amended as follows:
(a) in
paragraph (b) by deleting “an indictable offence” and
inserting instead —
“ a crime ”;
(b) by
inserting at the foot of the subsection —
“
Summary conviction penalty: in a case to which
paragraph (b) of the above penalty provision refers —
imprisonment for 2 years or a fine of $10 000.
”.
(3) Section 72(1) is
amended as follows:
(a) by
deleting “an indictable offence” and inserting
instead —
“ a crime ”;
(b) by
inserting at the foot of the subsection —
“
Summary conviction penalty: imprisonment for 2 years or a
fine of $10 000.
”.
(4) Section 73(1) and
(2) are repealed.
16. Guardianship and Administration Act 1990
amended
(1) The amendments in
this clause are to the Guardianship and Administration Act 1990 * .
[* Reprinted as at 22
November 2002. ]
(2) Schedule 1 Part B
clause 12(1) and (2) are repealed and the following subclauses are inserted
instead —
“
(1) A person who publishes in a newspaper or periodical
publication or by radio broadcast or television, or otherwise disseminates to
the public or to a section of the public by any means, any account of any
proceedings, or of any part of any proceedings, under this Act that identifies
—
(a) a
party to the proceedings;
(b) a
person who is related to, or associated with, a party to the proceedings or
is, or is alleged to be, in any other way concerned in the matter to which the
proceedings relate; or
(c) a
witness in the proceedings,
is guilty of a crime
and is liable —
(d) in
the case of a body corporate, to a fine of $10 000;
(e) in
any other case, to imprisonment for one year or a fine of $5 000.
Summary conviction penalty:
(a) for
a body corporate, a fine of $5 000;
(b) for
an individual, a fine of $2 500.
(2) A person who,
except as permitted by regulations, publishes in a newspaper or periodical
publication or by radio broadcast or television, or otherwise disseminates to
the public or to a section of the public by any means (otherwise than by the
display of a notice in the premises of the Board), a list of proceedings under
this Act, identified by reference to the names of the parties to the
proceedings, that are to be dealt with by the Board is guilty of a crime and
is liable —
(a) in
the case of a body corporate, to a fine of $10 000;
(b) in
any other case, to imprisonment for one year or a fine of $5 000.
Summary conviction penalty:
(a) for
a body corporate, a fine of $5 000;
(b) for
an individual, a fine of $2 500.
”.
(3) Schedule 1 Part B
clause 12(4), (5) and (6) are repealed.
17. Interpretation Act 1984 amended
(1) The amendments in
this clause are to the Interpretation Act 1984 *.
[* Reprinted as at 1
January 1999.
For
subsequent amendments see 2001 Index to Legislation of Western Australia,
Table 1, p. 180 and Act No. 3 of 2002. ]
(2) Section 5 is
amended by inserting in the appropriate alphabetical positions the following
definitions —
“
“indictable offence” has the meaning
given by section 67;
“simple offence” has the meaning given
by section 67;
“summary conviction penalty” , when
used in relation to an indictable offence, has the effect provided for by
section 5 of The Criminal Code ;
”.
(3) After
section 67(1) the following subsection is inserted —
“
(1a) An offence designated as a crime or as a misdemeanour
is an indictable offence.
”.
18. Misuse of Drugs Act 1981 amended
(1) The amendments in
this clause are to the Misuse of Drugs Act 1981 * .
[* Reprinted as at 11
January 2002. ]
(2) Section 3(1) is
amended by deleting the definitions of “indictable offence” and
“offence”.
(3) Each of the
sections in the Table to this subclause is amended —
(a) by
deleting “an indictable offence” in each place where it occurs and
in each place inserting instead —
“ a crime ”;
(b) by
deleting “that indictable offence” in each place where it occurs
and in each place inserting instead —
“ that crime ”; and
(c) by
deleting “the indictable offence” in each place where it occurs
and in each place inserting instead —
“ the crime ”,
as the case requires.
Table
|
s. 32A(3) in the definition of “external serious drug offence” | |
(4) If this Act comes
into operation before the Cannabis Control Act 2003 comes into
operation, section 9 of the Misuse of Drugs Act 1981 is repealed and the
following section is inserted instead —
“
9. Summary trial of some indictable
offences
(1) If a person is
charged before a court of summary jurisdiction with —
(a) an
offence under section 6(1) in respect of a quantity of a prohibited drug
referred to in Schedule III that is less than the quantity specified in that
Schedule in relation to that prohibited drug; or
(b) an
offence under section 7(1) in respect of a number of prohibited plants of a
particular species or genus referred to in Schedule IV that is less than the
number specified in that Schedule in relation to that species or genus,
then, except in a case
where the person is charged with conspiring to commit the offence, the summary
conviction penalty for the offence is that set out in section 34(2)(b).
(2) A court of summary
jurisdiction that tries a person summarily for a charge of an offence referred
to in subsection (1) must be constituted by a magistrate sitting alone.
(3) If a person
charged before a court of summary jurisdiction with an offence that may be
dealt with summarily under subsection (1) is, under section 5 of The
Criminal Code , committed for trial or sentence in respect of the offence, the
court to which the defendant is committed may deal with the charge
despite —
(a) the
quantity of the prohibited drug to which the charge relates being less than
the quantity specified in Schedule III in relation to that prohibited drug; or
(b) the
number of prohibited plants of a particular species or genus to which the
charge relates being less than the number specified in Schedule IV in relation
to that species or genus.
”.
(5) If this Act comes
into operation after the Cannabis Control Act 2003 comes into operation,
section 9 of the Misuse of Drugs Act 1981 is repealed and the following
section is inserted instead —
“
9. Summary trial of some indictable
offences
(1) If a person is
charged before a court of summary jurisdiction with —
(a) an
offence under section 6(1) in respect of a quantity of a prohibited drug
referred to in Schedule III that is less than the quantity specified in that
Schedule in relation to that prohibited drug;
(b) an
offence under section 7(1) in respect of a number of prohibited plants of a
particular species or genus referred to in Schedule IV that is less than the
number specified in that Schedule in relation to that species or genus; or
(c) an
offence under section 7A(1),
then, except in a case
where the person is charged with conspiring to commit the offence, the summary
conviction penalty for the offence is that set out in section 34(2)(b).
(2) A court of summary
jurisdiction that tries a person summarily for a charge of an offence referred
to in subsection (1) must be constituted by a magistrate sitting alone.
(3) If a person
charged before a court of summary jurisdiction with an offence that may be
dealt with summarily under subsection (1) is, under section 5 of The
Criminal Code , committed for trial or sentence in respect of the offence, the
court to which the defendant is committed may deal with the charge
despite —
(a) the
quantity of the prohibited drug to which the charge relates being less than
the quantity specified in Schedule III in relation to that prohibited drug; or
(b) the
number of prohibited plants of a particular species or genus to which the
charge relates being less than the number specified in Schedule IV in relation
to that species or genus.
”.
(6) Section 32A(3) is
amended in the definition of “serious drug offence” by deleting
“indictable offence” and inserting instead —
“ a crime ”.
19. National Crime Authority (State Provisions)
Act 1985 amended
(1) The amendments in
this clause are to the National Crime Authority (State Provisions) Act 1985 *
.
[* Act No. 4 of 1985.
For subsequent
amendments see 2001 Index to Legislation of Western Australia, Table 1, p.
255. ]
(2) Section 23(2) is
amended as follows:
(a) by
deleting “an indictable offence and, subject to this section, is
punishable, upon conviction,” and inserting instead —
“ a crime and is punishable ”;
(b) by
inserting at the foot of the subsection —
“
Summary conviction penalty: imprisonment for one year or a
fine of $2 000.
”.
(3) Section 23(3) and
(4) are repealed.
20. Offshore Minerals Act 2003 amended
(1) The amendments in
this clause are to the Offshore Minerals Act 2003 *.
[*
Act No. 10 of 2003. ]
(2) Section 404(3) is
amended by inserting at the foot of the subsection —
“
Summary conviction penalty: imprisonment for 2 years or a
fine of $10 000 or both.
”.
(3) Section 404(4) and
(5) are repealed.
21. Petroleum Act 1967 amended
(1) The amendments in
this clause are to the Petroleum Act 1967* .
[* Reprinted as at 14
January 2000.
For
subsequent amendments see 2001 Index to Legislation of Western Australia,
Table 1, p. 280. ]
(2) Section 122 is
repealed and the following section is inserted instead —
“
122. Crimes and other offences
(1) If the penalty
provided for an offence under this Act is or includes imprisonment, the
offence is a crime.
(2) The summary
conviction penalty for an offence referred to in subsection (1) is
imprisonment for 2 years or a fine of $10 000 or both.
(3) Unless the
contrary intention appears, an offence under this Act, other than a crime, is
punishable summarily.
”.
22. Petroleum Pipelines Act 1969 amended
(1) The amendments in
this clause are to the Petroleum Pipelines Act 1969 * .
[* Reprinted as at 12
May 2000.
For subsequent amendments see 2001 Index to Legislation
of Western Australia, Table 1, p. 281. ]
(2) Section 66B is
repealed and the following section is inserted instead —
“
66B. Crimes and other offences
(1) If the penalty
provided for an offence under this Act is or includes imprisonment, the
offence is a crime.
(2) Summary conviction
penalty: for an offence referred to in subsection (1) —
imprisonment for 2 years or a fine of $10 000 or both.
(3) Unless the
contrary intention appears, an offence under this Act, other than a crime, is
punishable summarily.
”.
23. Petroleum (Submerged Lands) Act 1982 amended
(1) The amendments in
this clause are to the Petroleum (Submerged Lands) Act 1982 * .
[* Reprinted as at 6
August 1999.
For subsequent amendments see 2001 Index to Legislation
of Western Australia, Table 1, p. 283. ]
(2) Section 133 is
repealed and the following section is inserted instead —
“
133. Crimes and other offences
(1) If the penalty
provided for an offence under this Act is or includes imprisonment, the
offence is a crime.
(2) Summary conviction
penalty: for an offence referred to in subsection (1) —
imprisonment for 2 years or a fine of $10 000 or both.
(3) Unless the
contrary intention appears, an offence under this Act, other than a crime, is
punishable summarily.
”.
24. Police Act 1892 amended
(1) The amendment in
this clause is to the Police Act 1892 *.
[* Reprinted as at 12
January 2001
For
subsequent amendments see Western Australian Legislation Information Tables
for 2002, Table 1, p. 304 and Acts Nos. 7 and 28 of 2003. ]
(2) Section 127 is
repealed.
25. Port Authorities Act 1999 amended
(1) The amendments in
this clause are to the Port Authorities Act 1999 *.
[* Act No. 22 of 1999.
For subsequent
amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 295
and Act No. 20 of 2002 and Gazette 4 March 2003 p. 711-22. ]
(2) Schedule 3 clause
2(1) is amended as follows:
(a) in
the definition of “officer” by deleting the semicolon after
paragraph (b) and inserting a full stop instead;
(b) by
deleting the definition of “summary conviction penalty”.
26. Prostitution Act 2000 amended
(1) The amendment in
this clause is to the Prostitution Act 2000 * .
[* Act No. 17 of 2000.
For subsequent
amendments see Act No. 9 of 2002. ]
(2) Section 60 is
repealed.
27. Road Traffic Act 1974 amended
(1) The amendments in
this clause are to the Road Traffic Act 1974 * .
[* Reprinted as at 19
October 2001.
For subsequent amendments see 2001 Index to Legislation
of Western Australia, Table 1, p. 329 and Acts Nos. 4, 5 and 7 of 2002
and Gazette 17 May 2002 p. 2558-60. ]
(2) Section 59(1) is
amended by deleting “an indictable offence which may, subject to
subsection (1a), at the election of the person charged, be dealt with
summarily.” and inserting instead —
“
a crime and is liable to the penalty in
subsection (3).
Summary conviction penalty: imprisonment for
18 months or a fine of 160PU and in any event the court convicting the
person shall order that he be disqualified from holding or obtaining a
driver’s licence for a period of not less than 2 years.
”.
(3) Section 59(1a) and
(1b) are repealed.
(4) Section 59(3) is
amended as follows:
(a) by
inserting after “person convicted” —
“ on indictment ”;
(b) in
paragraph (a) by deleting “if convicted upon indictment and, at the
time of the offence,” and inserting instead —
“ if at the time of the offence ”;
(c) by
deleting paragraphs (aa) and (b) and inserting the following paragraphs
instead —
“
(b) in any other circumstances, to imprisonment for 4 years
or a fine of 400PU,
”.
28. Securities Industry Act 1975 amended
(1) The amendments in
this clause are to the Securities Industry Act 1975 * .
[* Act No. 99 of 1975.
]
(2) Section 113 is
amended by deleting “an indictable offence” and inserting
instead —
“ a crime ”.
29. Sentencing Act 1995 amended
(1) The amendments in
this clause are to the Sentencing Act 1995 *.
[* Reprint 3 as at 10
October 2003. ]
For subsequent amendments see Act
No. 77 of 2003. ]
(2) Section 112(1)(b)
is amended by deleting “section 100(1)(d), (e) or (f)” and
inserting instead —
“ section 100(3)(a), (b), (c) or (d) ”.
30. Statutory Corporations (Liability of
Directors) Act 1996 amended
(1) The amendments in
this clause are to the Statutory Corporations (Liability of Directors) Act
1996 *.
[* Reprinted as at 10
August 2001.
For
subsequent amendments see 2001 Index to Legislation of Western Australia,
Table 1, p. 359 and Acts Nos. 25 of 2001 and 30 of 2002. ]
(2) Section 7 is
amended as follows:
(a) in
the definition of “director” by deleting the semicolon after
paragraph (c) and inserting a full stop instead;
(b) by
deleting the definition of “summary conviction penalty”.
31. Western Australian Marine (Sea Dumping) Act
1981 amended
(1) The amendments in
this clause are to the Western Australian Marine (Sea Dumping) Act 1981 * .
[* Act No. 111 of
1981.
For subsequent
amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 411
.]
(2) Section 31 is
repealed and the following section is inserted instead —
“
(1) An offence against
section 5, 6, 7, 9, 12(5) or 29(1) is a crime.
(2) Summary conviction
penalty: for an offence against section 5, 6, 7, 9 or 12(5) —
(a) for
a body corporate, a fine of $5 000;
(b) for
an individual, a fine of $2 000.
(3) Summary conviction
penalty: for an offence against section 29(1) —
(a) for
a body corporate, a fine of $5 000;
(b) for
an individual, imprisonment for one year or a fine of $2 000 or both.
”.
32. Witness Protection (Western Australia) Act
1996 amended
(1) The amendment in
this clause is to the Witness Protection (Western Australia) Act 1996 *.
[* Act No. 11 of 1996.
For subsequent
amendments see 2001 Index to Legislation of Western Australia, Table 1, p.
419. ]
(2) Section 3(1) is
amended by deleting the definition of “Summary Conviction
Penalty”.
By Authority: JOHN A. STRIJK, Government Printer