Western Australian Numbered Acts Western Australian Numbered Acts (1) In this Act,
unless the contrary intention appears —
adult means a person who has reached 18 years
of age;
anti-social behaviour , by a person, means
behaviour that causes or is likely to cause —
(a)
harassment, alarm, distress, fear or intimidation to one or more persons; or
(b)
damage to property;
child means a person under 18 years of age;
Commissioner of Police means the person holding or
acting in the office of Commissioner of Police under the Police Act 1892
;
constrained person means a person on whose lawful
activities and behaviour constraints are imposed by a PBO;
firearm has the meaning given in the Firearms
Act 1973 section 4;
firearm licence means a Firearms Act Extract of
Licence or permit, issued under the Firearms Act 1973 , entitling a
person to be in possession of a firearm;
hearing notice means a notice in writing that
specifies the date, time and place of a hearing of PBO proceedings and the
terms of the PBO being sought;
party , to PBO proceedings, means —
(a) the
prosecutor; or
(b) the
person against whom the PBO is sought;
PBO proceedings means proceedings in which the
court makes, varies or cancels a PBO against a person or considers doing any
of those things;
prescribed means prescribed in regulations made
under section 39;
prohibited behaviour order or PBO means an order
made under this Act imposing constraints of the kind referred to in
section 10 on a person;
prosecutor , in relation to PBO proceedings,
means —
(a) if
the related prosecution was in the Supreme Court, the District Court or the
Children’s Court exercising jurisdiction under Children’s Court of
Western Australia Act 1988 section 19B(4) — the authorised
officer (as defined in the Criminal Procedure Act 2004 section 80)
who commenced the prosecution or another such authorised officer; or
(b) if
the related prosecution was in a court of summary jurisdiction —
the person referred to in the Criminal Procedure Act 2004
section 20(3) who commenced the prosecution or another such person;
registrar means a registrar of the relevant court;
related prosecution , in relation to PBO
proceedings, means the prosecution that gave rise to the PBO proceedings;
related sentence , in relation to a PBO, means the
sentence referred to in section 6(2) after which the PBO is considered or
made by a court, as the case requires;
relevant offence means an offence involving
anti-social behaviour;
wellbeing has the meaning given in the
Children and Community Services Act 2004 section 3;
youth means a person who has reached 16 years
of age but who is under 18 years of age.
(2) A prescribed
offence is to be taken to involve anti-social behaviour in the absence of
proof to the contrary.