Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Police Act 1892 and
includes the amendments made by the other written laws referred to in the
following table 1M, 1a. The table also contains information
about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
The Police
Act 1892 3 |
1892 (55 Vict. No. 27) |
18 Mar 1892 |
1 Apr 1892 (see s. 142) |
|
The Police Act Amendment Act 1893 (No.
1) |
1893 (56 Vict. No. 10) (as amended by
No. 15 of 1952 s. 7(1)) |
13 Jan 1893 |
13 Jan 1893 |
|
The Police Act 1892 Amendment Act 1894 (No.
2) |
1894 (58 Vict. No. 26) (as amended by
No. 15 of 1952 s. 7(1)) |
23 Nov 1894 |
23 Nov 1894 |
|
Police Act Amendment Act 1898 |
1898 (62 Vict. No. 21) (as amended by
No. 15 of 1952 s. 7(1)) |
28 Oct 1898 |
28 Oct 1898 |
|
Criminal Code Act 1902
s. 3(2) |
1902 (1 & 2 Edw. VII No. 14) |
19 Feb 1902 |
1 May 1902 (see s. 2) |
|
Justices Act 1902 s. 2 |
1902 (2 Edw. VII No. 11) |
18 Nov 1902 |
18 Nov 1902 |
|
Police Act Amendment Act 1902 |
1902 (2 Edw. VII No. 31) (as amended by
No. 15 of 1952 s. 7(1)) |
20 Dec 1902 |
20 Dec 1902 |
|
Police Act Amendment Act 1907 |
10 of 1907 (7 Edw. VII No. 10)
(as amended by No. 15 of 1952 s. 7(1)) |
20 Dec 1907 |
20 Dec 1907 |
|
Prevention of Cruelty to Animals Act 1912
s. 2 |
33 of 1912 (3 Geo. V No. 14) |
10 Oct 1912 |
10 Oct 1912 |
|
Police Act Amendment Act 1915 |
13 of 1915 |
18 Feb 1915 |
18 Feb 1915 |
|
8 of 1925 (16 Geo. V No. 8) |
24 Sep 1925 |
24 Sep 1925 |
|
|
Police Offences (Drugs) Act 1928
s. 2 |
11 of 1928 |
23 Nov 1928 |
23 Nov 1928 |
|
Police Act Amendment Act 1933 |
19 of 1933 (24 Geo. V
No. 19) |
13 Nov 1933 |
13 Nov 1933 |
|
Police Act Amendment Act 1940 |
19 of 1940 (4 Geo. VI
No. 19) |
29 Nov 1940 |
29 Nov 1940 |
|
Police Act Amendment Act 1945 |
5 of 1945 (9 Geo. VI No. 5) |
27 Nov 1945 |
27 Nov 1945 |
|
Police Act Amendment Act 1902 Amendment
Act 1945 |
6 of 1945 |
27 Nov 1945 |
27 Nov 1945 |
|
Police Act Amendment Act 1952 |
15 of 1952 (1 Eliz. II
No. 15) |
7 Nov 1952 |
19 Jun 1953 (see s. 2 and Gazette
19 Jun 1953 p. 1225) |
|
Reprint of the Police Act 1892 approved
23 Mar 1953 in Volume 6 of Reprinted Acts (includes amendments
listed above except those in the Police Act Amendment
Act 1952) |
|||
|
Police Act Amendment Act 1953 |
28 of 1953 (2 Eliz. II
No. 28) |
18 Dec 1953 |
1 Jan 1955 (see s. 2
and Gazette 26 Feb 1954 p. 304) |
|
Police Act Amendment Act 1954 |
6 of 1954 (3 Eliz. II No. 6) |
25 Aug 1954 |
25 Aug 1954 |
|
Police Act Amendment Act (No. 2)
1954 |
25 of 1954 (3 Eliz. II
No. 25) |
20 Oct 1954 |
18 Mar 1955 (see s. 2 and Gazette
18 Mar 1955 p. 517) |
|
63 of 1954 (3 Eliz. II
No. 63) |
30 Dec 1954 |
1 Aug 1955 (see s. 2(1) and Gazette
29 Jul 1955 p. 1767) |
|
|
Police Act Amendment Act 1955 |
8 of 1955 (4 Eliz. II No. 8) |
19 Oct 1955 |
19 Oct 1955 |
|
Police Act Amendment Act 1956 |
20 of 1956 (5 Eliz. II
No. 20) |
19 Nov 1956 |
19 Nov 1956 |
|
Licensing (Police Force Canteen) Act 1958
Pt. III |
40 of 1958 (7 Eliz. II
No. 40) |
11 Dec 1958 |
18 Jul 1959 (see s. 2 and Gazette
10 Jul 1959 p. 1829) |
|
Police Act Amendment Act 1959 |
10 of 1959 (8 Eliz. II
No. 10) |
25 Sep 1959 |
25 Sep 1959 |
|
50 of 1960 (9 Eliz. II
No. 50) |
28 Nov 1960 |
31 Dec 1960 (see s. 2 and Gazette
23 Dec 1960 p. 4073) |
|
|
Police Act Amendment Act 1961 |
71 of 1961 (10 Eliz. II
No. 71) |
28 Nov 1961 |
28 Nov 1961 |
|
Reprint of the Police Act 1892 approved
26 Jun 1962 (not in a Volume) (includes amendments listed
above) |
|||
|
Police Act Amendment Act 1962 |
29 of 1962 (11 Eliz. II
No. 29) |
4 Oct 1962 |
4 Oct 1962 |
|
Police Act Amendment Act 1963 |
42 of 1963 (12 Eliz. II
No. 42) |
25 Nov 1963 |
25 Nov 1963 |
|
Factories and Shops Act 1963
s. 4 |
44 of 1963 (12 Eliz. II
No. 44) |
3 Dec 1963 |
1 Jan 1964 (see s. 2 and Gazette
13 Dec 1963 p. 3836) |
|
Police Act Amendment Act 1964 |
28 of 1964 (13 Eliz. II
No. 28) |
4 Nov 1964 |
4 Nov 1964 |
|
Police Act Amendment Act (No. 2)
1964 |
71 of 1964 (13 Eliz. II
No. 71) |
11 Dec 1964 |
1 Jul 1965 (see s. 2 and Gazette
29 Jun 1965 p. 1933) |
|
Police Act Amendment Act 1965 |
22 of 1965 |
1 Oct 1965 |
1 Oct 1965 |
|
113 of 1965 |
21 Dec 1965 |
Act other than s. 4-9: 21 Dec 1965 (see
s. 2(1)); |
|
|
Police Act Amendment Act 1967 |
7 of 1967 |
5 Oct 1967 |
5 Oct 1967 |
|
Police Act Amendment Act (No. 2)
1967 |
52 of 1967 |
5 Dec 1967 |
5 Dec 1967 |
|
Reprint of the Police Act 1892 approved
15 Dec 1967 in Volume 21 of Reprinted Acts (includes amendments
listed above) |
|||
|
Police Act Amendment Act 1968 |
26 of 1968 |
25 Oct 1968 |
25 Oct 1968 |
|
Police Act Amendment Act 1969 |
24 of 1969 |
16 May 1969 |
16 May 1969 |
|
Police Act Amendment Act 1970 |
1 of 1970 |
29 Apr 1970 |
29 Apr 1970 |
|
Police Act Amendment Act (No. 2)
1970 |
85 of 1970 |
30 Nov 1970 |
1 Jul 1971 (see s. 2 and Gazette
18 Jun 1971 p. 2147) |
|
Police Act Amendment Act 1972 |
7 of 1972 |
25 May 1972 |
25 May 1972 |
|
Reprint of the Police Act 1892 approved
7 Jun 1972 (not in a Volume) (includes amendments listed
above) |
|||
|
94 of 1972 |
4 Dec 1972 |
Relevant amendments (see First Sch. 4)
took effect on 1 Jul 1973 (see s. 4(2) and Gazette
18 May 1973 p. 1261) |
|
|
Police Act Amendment Act 1974 |
41 of 1974 |
15 Nov 1974 |
15 Nov 1974 |
|
Police Act Amendment Act 1975 |
18 of 1975 |
13 May 1975 |
13 May 1975 |
|
Police Act Amendment Act (No. 2)
1975 |
91 of 1975 |
20 Nov 1975 |
1 Mar 1976 (see s. 2 and Gazette
23 Jan 1976 p. 111) |
|
Police Act Amendment Act 1976 |
146 of 1976 |
13 Dec 1976 |
14 Jan 1977 (see s. 2 and Gazette
14 Jan 1977 p. 49) |
|
Police Act Amendment Act 1977 |
50 of 1977 |
18 Nov 1977 |
18 Nov 1977 |
|
Police Act Amendment Act 1978 |
6 of 1978 |
11 May 1978 |
11 May 1978 |
|
Reprint of the Police Act 1892 approved
11 Jul 1978 (includes amendments listed above) |
|||
|
17 of 1979 |
30 Aug 1979 |
8 Feb 1980 (see s. 1(2) and Gazette
1 Feb 1980 p. 283) |
|
|
Police Act Amendment Act 1979 |
29 of 1979 |
21 Sep 1979 |
21 Sep 1979 |
|
Police Act Amendment Act (No. 3)
1979 |
83 of 1979 |
11 Dec 1979 |
15 Jul 1980 (see s. 2 and Gazette
4 Jul 1980 p. 2114) |
|
Police Amendment Act 1980 |
71 of 1980 |
26 Nov 1980 |
24 Dec 1980 (see s. 2) |
|
Act Amendment (Misuse of Drugs) Act 1981
Pt. V |
57 of 1981 |
13 Oct 1981 |
1 Sep 1982 (see s. 2 and Gazette
20 Aug 1982 p. 3250) |
|
Acts Amendment (Lotto) Act 1981
Pt. III |
103 of 1981 |
2 Dec 1981 |
18 Dec 1981 (see s. 2 and Gazette
18 Dec 1981 p. 5163) |
|
Police Amendment Act 1981 |
107 of 1981 |
4 Dec 1981 |
4 Dec 1981 |
|
Acts Amendment (Bail) Act 1982
Pt. IV |
87 of 1982 |
17 Nov 1982 |
6 Feb 1989 (see s. 2 and Gazette
27 Jan 1989 p. 263) |
|
Acts Amendment (Betting and Gaming) Act 1982
Pt. II |
108 of 1982 |
7 Dec 1982 |
31 Dec 1982 (see s. 2 and Gazette
31 Dec 1982 p. 4968) |
|
Reprint of the Police Act 1892 approved
18 Apr 1983 (includes amendments listed above except those in the
Acts Amendment (Bail) Act 1982) |
|||
|
Acts Amendment (Trade Promotion Lotteries) Act 1983
Pt. III |
21 of 1983 |
22 Nov 1983 |
22 Nov 1983 |
|
Police Amendment Act 1983 |
30 of 1983 |
1 Dec 1983 |
29 Dec 1983 (see s. 2) |
|
Acts Amendment (Soccer Football Pools) Act 1984
Pt. II |
22 of 1984 |
31 May 1984 |
13 Jul 1984 (see s. 2 and Gazette
6 Jul 1984 p. 2017) |
|
Public Meetings and Processions Act 1984
s. 12 |
23 of 1984 |
31 May 1984 |
1 Dec 1984 (see s. 2 and Gazette
30 Nov 1984 p. 3945) |
|
Acts Amendment and Validation (Casino Control)
Act 1985 Pt. II |
10 of 1985 |
25 Mar 1985 |
19 Feb 1985 (see s. 2) |
|
Acts Amendment (Lotteries) Act 1985
Pt. IV |
19 of 1985 |
19 Apr 1985 |
19 Apr 1985
(see s. 2(1)) |
|
Acts Amendment (Gaming and related provisions)
Act 1985 Pt. IV |
29 of 1985 |
24 Apr 1985 |
1 Jun 1985 (see s. 2 and Gazette
31 May 1985 p. 1877) |
|
Acts Amendment and Repeal (Gaming) Act 1987
Pt. VI |
74 of 1987 |
26 Nov 1987 |
2 May 1988 (see s. 2 and Gazette
29 Apr 1988 p. 1292) |
|
Acts Amendment (Events on Roads) Act 1988
Pt. 3 |
64 of 1988 |
8 Dec 1988 |
1 Feb 1991 (see s. 2 and Gazette
1 Feb 1991 p. 511) |
|
Acts Amendment (Detention of Drunken Persons)
Act 1989 Pt. 2 |
35 of 1989 |
21 Dec 1989 |
27 Apr 1990 (see s. 2 and Gazette
27 Apr 1990 p. 2089) |
|
16 of 1990 |
31 Jul 1990 |
1 Jan 1991 (see s. 2 and Gazette
28 Dec 1990 p. 6369) |
|
|
Reprint of the Police Act 1892 as at
24 Apr 1992 (includes amendments listed above) |
|||
|
Criminal Law Amendment Act (No. 2) 1992 s. 16(1)
and (3) |
51 of 1992 |
9 Dec 1992 |
6 Jan 1993 |
|
Police Amendment (Graffiti)
Act 1994 |
2 of 1994 |
11 Apr 1994 |
9 May 1994 |
|
Statutes (Repeals and Minor Amendments) Act 1994
s. 4 |
73 of 1994 |
9 Dec 1994 |
9 Dec 1994 (see s. 2) |
|
Acts Amendment (Fines, Penalties and Infringement
Notices) Act 1994 Pt. 17 |
92 of 1994 |
23 Dec 1994 |
1 Jan 1995 (see s. 2(1) and
Gazette 30 Dec 1994 p. 7211) |
|
Hospitals Amendment Act 1994
s. 18 |
103 of 1994 |
11 Jan 1995 |
3 Feb 1995 (see s. 2 and Gazette
3 Feb 1995 p. 333) |
|
Police Amendment Act 1995 |
49 of 1995 |
6 Nov 1995 |
6 Nov 1995 (see s. 2) |
|
Sentencing (Consequential Provisions) Act 1995
Pt. 65 and s. 147 |
78 of 1995 |
16 Jan 1996 |
4 Nov 1996 (see s. 2 and Gazette
25 Oct 1996 p. 5632) |
|
Local Government (Consequential Amendments)
Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996
(see s. 2(1)) |
|
Mental Health (Consequential Provisions)
Act 1996 Pt. 15 |
69 of 1996 |
13 Nov 1996 |
13 Nov 1997 (see s. 2) |
|
Reprint of the Police Act 1892 as at
31 Jan 1997 (includes amendments listed above except those in the
Mental Health (Consequential Provisions) Act 1996) |
|||
|
Sunday Observance Laws Amendment and Repeal
Act 1997 s. 5 |
49 of 1997 |
10 Dec 1997 |
10 Dec 1997 (see s. 2) |
|
Statutes (Repeals and Minor Amendments) Act 1997
s. 96 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997 (see s. 2(1)) |
|
Statutes (Repeals and Minor Amendments) Act (No. 2)
1998 s. 59 |
10 of 1998 |
30 Apr 1998 |
30 Apr 1998
(see s. 2(1)) |
|
Police Amendment Act 1998
Pt. 2 |
47 of 1998 |
19 Nov 1998 |
5 Dec 1998 (see s. 2 and Gazette
4 Dec 1998 p. 6447) |
|
Weapons Act 1999 s. 21 |
18 of 1999 |
16 Jun 1999 |
1 Mar 2000
(see s. 2(2)) |
|
Acts Amendment (Police Immunity) Act 1999
Pt. 2 |
42 of 1999 |
25 Nov 1999 |
25 Nov 1999 (see s. 2) |
|
Court Security and Custodial Services (Consequential
Provisions) Act 1999 Pt. 9 |
47 of 1999 |
8 Dec 1999 |
18 Dec 1999 (see s. 2 and Gazette
17 Dec 1999 p. 6175-6) |
|
Reprint of the Police Act 1892 as at
1 Apr 2000 (includes amendments listed above) |
|||
|
Prostitution Act 2000
s. 64 |
17 of 2000 |
22 Jun 2000 |
29 Jul 2000 (see s. 2 and Gazette
28 Jul 2000 p. 3987) |
|
Statutes (Repeals and Minor Amendments) Act 2000
s. 33 and 54 |
24 of 2000 |
4 Jul 2000 |
4 Jul 2000 (see s. 2) |
|
50 of 2000 |
28 Nov 2000 |
1 Jan 2001 (see s. 2 and Gazette
29 Dec 2000 p. 7903) |
|
|
Reprint of the Police Act 1892 as at
12 Jan 2001 (includes amendments listed above) (correction in
Gazette 27 Feb 2001 p. 1209) |
|||
|
Criminal Investigation (Identifying People)
Act 2002 Sch. 2 cl. 5 |
6 of 2002 |
4 Jun 2002 |
Sch. 2 cl. 5(1): 29 Jun 2002
(see s. 2 and Gazette 28 Jun 2002
p. 3037); |
|
Police Amendment Act 2003
5 |
7 of 2003 |
27 Mar 2003 |
s. 1 and 2:
27 Mar 2003; |
|
Acts Amendment (Equality of Status) Act 2003
Pt. 48 |
28 of 2003 |
22 May 2003 |
1 Jul 2003 (see s. 2 and Gazette
30 Jun 2003 p. 2579) |
|
Racing and Gambling Legislation Amendment and Repeal
Act 2003 s. 175(2) and
Pt. 10 6 |
35 of 2003 |
26 Jun 2003 |
30 Jan 2004 (see s. 2 and Gazette
30 Jan 2004 p. 397) |
|
Sentencing Legislation Amendment and Repeal Act 2003
s. 85 |
50 of 2003 |
9 Jul 2003 |
15 May 2004 (see s. 2 and Gazette
14 May 2004 p. 1445) |
|
Criminal Code Amendment Act 2004
s. 58 |
4 of 2004 |
23 Apr 2004 |
21 May 2004 (see s. 2) |
|
Reprint 11: The Police Act 1892 as at
10 Sep 2004 (includes amendments listed above) |
|||
|
Courts Legislation Amendment and Repeal Act 2004
s. 141 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7128) |
|
State Administrative Tribunal (Conferral of Jurisdiction)
Amendment and Repeal Act 2004 Pt. 2 Div. 109 Subdiv.
2 7 |
55 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7130) |
|
Criminal Law Amendment (Simple Offences) Act 2004
Pt. 3 8 |
70 of 2004 |
8 Dec 2004 |
31 May 2005 (see s. 2 and Gazette
14 Jan 2005 p. 163) |
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 s. 78 and 80 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Reprint 12: The Police Act 1892 as at
1 Jun 2005 (includes amendments listed above) |
|||
|
Criminal Investigation (Consequential Provisions)
Act 2006 Pt. 12 9 |
59 of 2006 |
16 Nov 2006 |
1 Jul 2007 (see s. 2 and Gazette
22 Jun 2007 p. 2838) |
|
Financial Legislation Amendment and Repeal Act 2006
Sch. 1 cl. 130 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette
19 Jan 2007 p. 137) |
|
Reprint 13: The Police Act 1892 as at
23 Nov 2007 (includes amendments listed above) |
|||
|
Police Amendment Act 2008
Pt. 2 |
8 of 2008 |
31 Mar 2008 |
1 Apr 2008 (see s. 2(1)) |
|
Legal Profession Act 2008
s. 692 |
21 of 2008 |
27 May 2008 |
1 Mar 2009 (see s. 2(b) and Gazette
27 Feb 2009 p. 511) |
|
Acts Amendment (Bankruptcy) Act 2009
s. 68 |
18 of 2009 |
16 Sep 2009 |
17 Sep 2009 (see s. 2(b)) |
|
Police Amendment Act 2009 Pt. 2 |
42 of 2009 |
3 Dec 2009 |
13 Mar 2010 (see s. 2(b) and Gazette
12 Mar 2010 p. 941) |
|
Reprint 14: The Police Act 1892 as at 16
Apr 2010 (includes amendments listed above) |
|||
|
Standardisation of Formatting Act 2010
s. 42(3), 43(2), 44(3) and 51 |
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette
10 Sep 2010 p. 4341) |
1M Under the Cross-border Justice Act 2008
section 14, in order to give effect to that Act, this Act must be applied
with the modifications prescribed by the Cross-border Justice Regulations
2009 Part 3 Division 14 as if this Act had been altered in that
way. If a modification is to replace or insert a numbered provision, the new
provision is identified by the superscript 1M appearing after the provision
number. If a modification is to replace or insert a
definition, the new definition is identified by the superscript 1M
appearing after the defined term.
1a On the date as at which this compilation was prepared,
provisions referred to in the following table had not come into operation and
were therefore not included in this compilation. For the text of the provisions
see the endnotes referred to in the table.
Provisions that have not come
into operation
|
Short title |
Number and year |
Assent |
Commencement |
|
Police Amendment Act 2011 s.
3-5 10 |
12 of 2011 |
2 May 2011 |
To be proclaimed (see s. 2(b)) |
2 Part IIIA commenced 1 Apr 2008.
3 Now known as the Police Act 1892; short title
changed (see note under s. 3).
4 The Schedule to the Metric
Conversion Act 1972 was redesignated as the First Schedule by the
Metric Conversion Act Amendment Act 1973 s. 3.
5 The Police Amendment Act 2003 s. 9 is a
transitional provision that is of no further effect.
6 The Racing and Gambling Legislation Amendment and Repeal
Act 2003 s. 178 is a savings provision that is of no further
effect.
7 The State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State
Administrative Tribunal Act 2004 s. 167 and 169, and the State
Administrative Tribunal Regulations 2004 r. 28 and 42 deal with
certain transitional issues some of which may be relevant for this
Act.
8 The Criminal Law Amendment (Simple Offences)
Act 2004 Pt. 3 Div. 2 is a transitional provision that is of
no further effect.
9 The Criminal Investigation (Consequential
Provisions) Act 2006 Pt. 12 Div. 2 reads as
follows:
Division 2 — Transitional
provisions
68. Existing special
constables’ appointments terminated
(1) If immediately before the commencement of section 63 a person
holds an appointment as a special constable made under the Police
Act 1892 Part III, then on the commencement of section 63 the
person ceases to be a special constable.
(2) Subsection (1) does not prevent the appointment of a person to
whom it applies as a special constable under the Police Act 1892
Part III as inserted by section 63.
69. Search
warrants and related matters
(1) In this section —
repeal day means the day on which section 64 comes into
operation.
(2) This section does not limit the operation of the Interpretation
Act 1984 Part V.
(3) If immediately before repeal day a warrant issued under the Police
Act 1892 section 70 is in force but not executed, then, subject to
the terms of the warrant, the warrant may be executed on or after repeal day
and, if any thing is seized under it —
(a) despite section 70 and the warrant, the thing must not be taken
before a Justice; and
(b) the Criminal and Found Property Disposal Act 2006 applies
to and in respect of the thing.
(1) In this section —
repeal day means the day on which section 65 comes into
operation.
(2) If immediately before repeal day any property is subject to an embargo
notice granted under the Police Act 1892 section 90B, whether
the property was seized under Part V of that Act or under an Act that refers to
that section, then on and after repeal day sections 90B and 90C of that Act
apply to and in respect of the notice as if they had not been
repealed.
10 On the date as at which this compilation was prepared, the
Police Amendment Act 2011 s. 3-5 had not come into operation.
They read as follows:
This Act amends the Police Act 1892.
After section 39C insert:
Part IVB — Charging
for services at major events
The purpose of this Part is to empower the Commissioner of Police to
charge on a cost-recovery basis for the attendance of police officers at major
sporting or entertainment events where that attendance is requested by the
promoter or organiser of the event.
In this Part —
charitable organisation means —
(a) a public benevolent or religious institution;
(b) a public hospital or a hospital carried on by an association or other
body of persons otherwise than for purposes of profit or gain to the individual
members of that association or body;
(c) a university;
(d) a government college, a government school, or a college or school
carried on by an association or other body of persons otherwise than for
purposes of profit or gain to the individual members of that association or
body;
(e) a trust the moneys of which may be applied only for charitable
purposes;
(f) an institution established for any other charitable purpose;
(g) a society, institution or organisation established, and carried on,
solely for the purpose of raising money for, or otherwise promoting the
interests of, an entity that is a charitable organisation under any of
paragraphs (a) to (f);
Department has the same meaning as in
section 39A;
event —
(a) means an event of a sporting or entertainment nature (whether it takes
place wholly or partly in a public place or on private property),
where —
(i) a charge is made for admission to the event or to participate in the
event; or
(ii) the event is run for commercial gain; or
(iii) the event is promoted, advertised or sponsored under a commercial
arrangement;
but
(b) does not include —
(i) an event run wholly or mainly for a charitable purpose as defined in
the Charitable Collections Act 1946 section 5; or
(ii) an event run by or for the benefit of a charitable organisation;
or
(iii) a public event that celebrates or commemorates a day of national or
local significance (for example, an Australia Day public fireworks display, or
an ANZAC Day parade); or
(iv) an event run for the benefit of a local community (for example, a
street fair); or
(v) a government-sponsored event exempted by the Minister under
section 39H; or
(vi) any other event or class of event exempted from this Part by
regulations made under this Act;
government-sponsored event means an event sponsored by a
local government or a regional local government or the State or the
Commonwealth;
major event has the meaning given in
section 39F;
police services, in relation to an event, means the
attendance of police officers at the event in order to do any of the
following —
(a) keep order;
(b) provide an immediate emergency management capability;
(c) provide traffic management in the immediate vicinity of the
event.
In this Part —
major event means an event —
(a) that is reasonably expected by the promoter or organiser, or the
Commissioner of Police, to attract at least 5 000 attendees or
participants; or
(b) for which the Commissioner of Police reasonably considers it necessary
or desirable to assign at least 10 police officers to provide police
services.
39G. Providing
and charging for services at major events
(1) If the promoter or organiser of an event requests the Commissioner of
Police to provide police services for that event, the Commissioner may charge
the promoter or organiser for providing those services if the event is a major
event.
(2) The amount that the Commissioner may charge is to be determined in
accordance with regulations made under section 138A.
(3) For the avoidance of doubt —
(a) this Part does not impose an obligation on the Commissioner of Police
to provide police services for a major event; and
(b) the Commissioner is the final judge of the number of police officers
required to provide police services for an event, but that does not lessen or
limit any obligation that the Commissioner has —
(i) to consult on the matter with the promoter or organiser of the event;
and
(ii) to have regard to the current charging policy published under
section 39L;
and
(c) the fact that the Commissioner has agreed to provide police services
for a major event does not limit the ability of the Commissioner to redeploy any
police officer for another purpose that the Commissioner considers has a higher
operational priority (of which the Commissioner is the sole judge).
(4) If the Commissioner decides to charge a person for providing police
services for an event, that person may apply to the State Administrative
Tribunal for a review of the decision on the ground that what the person is
promoting or organising is not an event as defined in section 39E.
39H. Minister
may exempt government-sponsored events
(1) The Minister may, by notice published in the Gazette, exempt a
government-sponsored event from the imposition of a charge under this Part if
the Minister is satisfied that the event —
(a) will provide significant economic benefits to the State; or
(b) will provide significant publicity for the State through media
coverage of the event; or
(c) will contribute significantly to the State’s national or
international profile as a host of sporting, entertainment or other
events.
(2) The Minister may, by notice published in the Gazette, cancel or
vary a notice given under this section.
39I. Regulations
prescribing amounts chargeable for police services at major events
(1) Without limiting section 138A, regulations may be made under that
section prescribing the amounts chargeable for the provision of police services
under this Part or the method of calculating those amounts.
(2) The amounts, or the method of calculating the amounts, are to be
prescribed on a cost-recovery basis, and (to avoid doubt) both the costs of the
Police Force and the costs of the Department may be recovered.
(3) Without limiting subsection (2), the costs that may be recovered
include the following —
(a) the personnel costs associated with the time spent by a police officer
in planning the deployment of police officers for an event;
(b) the personnel costs associated with the police officers who attend an
event to provide police services;
(c) the overhead expenses associated with the provision of police services
for an event.
(4) For the purpose of determining the personnel costs of police officers
attending an event, the regulations may prescribe or provide for —
(a) different hourly rates for police officers of different ranks;
or
(b) a standard hourly rate for a police officer regardless of rank, and
(without limitation) the standard hourly rate may be an average of the hourly
rates of the police officers of various ranks who would normally be required to
attend a major event.
(5) The regulations may specify or provide for the payment of a minimum
amount to recover costs unavoidably incurred by the Police Force or the
Department where —
(a) an event is cancelled or postponed or runs for a shorter period than
expected; or
(b) the number of police officers assigned to provide police services for
an event is reduced at short notice at the request of the promoter or organiser
of the event, and in that case the minimum amount applies even though the number
of police officers who attend the event is fewer than the minimum number
referred to in paragraph (b) of the definition of major event
in section 39F.
39J. Recovery of
amounts payable
The Commissioner of Police may recover, in any court of competent
jurisdiction, as a debt due to the State, any amount due and owing under this
Part in respect of the provision of police services.
39K. Power to
waive or refund amounts payable
The Commissioner of Police may reduce, waive or refund the whole or any
part of any amount payable under this Part where the Commissioner considers it
appropriate to do so.
39L. Commissioner
of Police to publish charging policy
(1) The Commissioner of Police must prepare and maintain a document
setting out the policy that the Commissioner intends to follow in exercising the
Commissioner’s functions under this Part.
(2) The policy must not be inconsistent with this Part or the
regulations.
(3) The policy —
(a) must set out the following —
(i) the matters that the Commissioner will take into account in
determining (after consultation with the promoter or organiser of an event) the
number of police officers who will provide police services for the event (which
matters may be included in a risk assessment process set out in the
policy);
(ii) the circumstances in which the Commissioner may consider reducing,
refunding or waiving amounts in accordance with section 39K;
and
(b) may include any other matters the Commissioner considers
appropriate.
(4) The Commissioner may amend or replace the policy from time to
time.
(5) The Commissioner must make the current policy publicly
available.
39M. Delegation
by Commissioner of Police
(1) The Commissioner of Police may delegate any power or duty of the
Commissioner of Police under this Part to a specified police officer or police
officers of a specified class.
(2) A delegate must be a police officer who —
(a) is, or is acting as, an inspector or an officer of a rank more senior
than an inspector; or
(b) is the officer in charge of a police station.
(3) The delegation must be in writing signed by the
Commissioner.
(4) A police officer to whom a power or duty is delegated under this
section cannot delegate that power or duty.
(1) In this section —
commencement day means the day on which the Police
Amendment Act 2011 section 4 comes into operation.
(2) The Minister is to carry out a review of the operation and
effectiveness of this Part as soon as is practicable after the expiration of 36
months after the commencement day, and in the course of that review the Minister
is to consider and have regard to —
(a) the effectiveness of this Part; and
(b) the need for the retention of this Part; and
(c) any other matters that appear to the Minister to be relevant to the
operation and effectiveness of this Part.
(3) The Minister is to prepare a report based on the review and, as soon
as is practicable after the report is prepared, cause it to be laid before each
House of Parliament.
After section 138 insert:
138AA. Application
of Financial Management Act 2006 and Auditor General
Act 2006 to moneys received by Commissioner
(1) In this section —
Department has the same meaning as in
section 39A.
(2) For the purposes of the Financial Management Act 2006 and
the Auditor General Act 2006, moneys received by the Commissioner of
Police under this Act or another written law are moneys received by the
Department.
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined
Term Provision(s)
Account 39A
APLO 38A
appellant 33K
Board 33A
Chairman 33A
Chief
Commissioner 33K
close relative 138(5)
commencement
day 33Z(1)
Commissioner 33A, 34, 38A,
38F
contract 39A
Department 39A
industrial
Commissioner 33K
member 33A, 33K
member of the Police Force 136(1)
new
evidence 33R(11)
police auxiliary officer 38F
police
clothing 16(1)
police officer 34, 38A, 38F
police property 39A
removal
action 33K
removal from office 33K
Senior Commissioner 33K
special
constable 34
the claimant 138(1)
the defendant 138(1)(a) and
(b)
Treasury 39A
WAIRC 33K