Western Australian Numbered Acts Western Australian Numbered Acts Section 16 is repealed
and the following section is inserted instead —
“
16.
Police clothing, unauthorised possession of
(1) In this
section —
"police clothing" means any article of clothing or
any accessory that is issued to a member of the Police Force to be worn in the
course of the member’s duties.
(2) A person who is
not a member of the Police Force must not, without lawful excuse, be in
possession of police clothing.
Penalty: a fine of $9 000 and imprisonment for
9 months.
(3)
Subsection (2) does not apply to a person who, with the approval of the
Commissioner, possesses police clothing for use in the course of his or her
duties —
(a) as a
supervisor of a Police and Citizens’ Youth Club;
(b) as a
member of the Police Band; or
(c) as a
chaplain to the Police Force.
(4) An allegation in a
charge of an offence under this section that at the material time the accused
was not a member of the Police Force or was not authorised under
subsection (3) must be taken to be proved, unless the contrary is proved.
(5) In a prosecution
for an offence under subsection (2), the accused has the onus of proving
that the accused had a lawful excuse.
”.