Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears —
Commissioner of Police means the Commissioner of
Police appointed under section 5 of the Police Act 1892 ;
Commonwealth law includes a law that was in force
in —
(a) the
territory of Papua New Guinea before 16 September 1975; and
(b) the
territory of Nauru before 31 January 1968;
conviction means a conviction incurred by a
natural person for an offence against the law of this State or of a foreign
country;
life imprisonment includes strict security life
imprisonment;
minor punishment means a fine not exceeding $100
or such amount as may be prescribed;
spent conviction means a conviction that is spent
under section 6, 7 or 8 or that is spent by virtue of a spent conviction
order made under section 39 of the Sentencing Act 1995 .
(2) For the purposes
of this Act —
(a)
references to imprisonment do not include —
(i)
imprisonment until a fine is paid, ordered under
section 58 of the Sentencing Act 1995 ; or
(ii)
a sentence of imprisonment until a fine is paid or a
recognisance is entered into, that was imposed under section 19(5) or (6)
of The Criminal Code 2 ;
(b)
references to imprisonment for an indeterminate period include —
(i)
indefinite imprisonment imposed under
Part 14 of the Sentencing Act 1995 ;
(ii)
detention that was ordered under section 19(6a)(a),
661 or 662 of The Criminal Code 2 ;
(c) a
sentence imposed by a court outside Western Australia shall be regarded as if
it were a sentence of a kind most nearly corresponding to a sentence that may
be imposed by a court in Western Australia.
[Section 3 amended by No. 78 of 1995
s. 120.]