Western Australian Numbered Acts Western Australian Numbered Acts In section 85(1)
insert in alphabetical order:
mandatory minimum sentence , in relation to a
prescribed offence, means —
(a) in
the case of an offence against The Criminal Code section 297, the
minimum term of imprisonment required by that section if the offence is
committed in prescribed circumstances as defined in subsection (8) of
that section;
(b) in
the case of an offence against The Criminal Code section 318, the
minimum term of imprisonment required by subsection (4)(a) or (b) of that
section, whichever of those minimum terms is applicable to the circumstances
of the offence;
(c) in
the case of an offence against the Road Traffic Act 1974
section 59, the minimum term of imprisonment required by
subsection (4A)(a) of that section;
(d) in
the case of an offence against the Road Traffic Act 1974
section 59A, the minimum term of imprisonment required by
subsection (4A)(a) of that section;
prescribed offence means any of the following
offences, if the offence is committed by a person who, at the time of the
commission of the offence, has reached 18 years of age —
(a) an
offence against The Criminal Code section 297, if the offence is
committed in prescribed circumstances as defined in subsection (8) of
that section;
(b) an
offence against The Criminal Code section 318, if the offence is
committed in prescribed circumstances as defined in subsection (5) of
that section;
(c) an
offence against the Road Traffic Act 1974 section 59 or 59A, if the
offence is committed in the circumstance of aggravation referred to in
section 49AB(1)(c) of that Act;