Western Australian Numbered Acts Western Australian Numbered Acts
TABLE OF PROVISIONS
Long Title
Preamble
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Interpretation
4. “Reasonably suspects”, meaning of
5. “Thing relevant to an offence”, meaning of
6. Other written laws, this Act’s relationship with
7. Common law, this Act’s relationship with
8. Officer’s powers as an individual not affected
9. Public officers may be authorised to exercise powers
10. Informing people who do not understand English
11. Officers’ duty to identify themselves
12. Delegation by officers
13. Warrants and orders, applying for
PART 2 -- Ancillary provisions about exercising powers
14. When powers may be exercised
15. Assistance to exercise powers
16. Force, use of when exercising powers
17. Animals, use of by officers exercising powers
18. Roadblocks, use of to stop vehicles
19. Stopping vehicles, powers in connection with
20. Power to enter includes power to enter some other places
21. Forensic examination of thing relevant to an offence
22. Gender of a person, ascertaining
23. Consent to search etc., presumption against and withdrawal of
PART 3 -- Citizens’ powers
24. Prevention of offences and violence
25. Citizen’s arrest
26. Person in command of vehicle, powers of
PART 4 -- Miscellaneous official powers and duties
27. Suspects and others may be ordered to move on
28. Persons accompanying officers to be informed of rights
PART 5 -- Entering and searching places and vehicles
Division 1 -- General
29. Places with 2 or more occupiers, interpretation
30. Entry and search with occupier’s consent
31. Occupier’s rights
Division 2 -- Powers without a search warrant
32. Warrant not required
33. Public open area, search powers in
34. Public place, entry to keep order in
35. Place or vehicle, entry of to prevent violence
36. Place or vehicle, entry of to attend to dead or seriously injured person
37. Place or vehicle, entry of to investigate serious event
38. Vehicle, searches of to prevent offences etc.
39. Vehicle, search of for things relevant to offence
40. Place, entry of to establish protected forensic area for serious offence
Division 3 -- Powers with a search warrant
41. Search warrant, application for
42. Search warrant, issue of
43. Search warrant, effect of
44. Search warrant, ancillary powers under
45. Search warrant, execution of
Division 4 -- Protected forensic areas
46. Protected forensic area, establishment of
47. Protected forensic area, powers in relation to
48. Protected forensic area, continuance of
49. Protected forensic area, review of need for
PART 6 -- Obtaining business records
50. Interpretation
51. Application of this Part
52. Order to produce, application for
53. Order to produce, issue of
54. Order to produce, service of
55. Order to produce, effect of
56. Produced records, powers in respect of
PART 7 -- Gaining access to data controlled by suspects
57. Interpretation
58. Data access order, application for
59. Data access order, issue of
60. Data access order, service of
61. Data access order, effect of
PART 8 -- Searching people
Division 1 -- Preliminary
62. Interpretation
63. “Basic search”, meaning of
64. “Strip search”, meaning of
65. Searches, ancillary powers for
66. How searches must be done
Division 2 -- General powers to search people
67. Warrant not required
68. Searching people for things relevant to offences
69. People and vehicles in public places, search of for security purposes
Division 3 -- How searches must be done
70. Basic search or strip search, rules for doing
71. Basic search, additional rules for doing
72. Strip search, additional rules for doing
PART 9 -- Forensic procedures on people
Division 1 -- Preliminary
73. Interpretation
74. Non-intimate forensic procedure, meaning of and powers for
75. Intimate forensic procedure, meaning of and powers for
76. Internal forensic procedure, meaning of and powers for
77. Forensic procedures, purpose of
78. How forensic procedures must be done
Division 2 -- Forensic procedures on volunteers
79. Interpretation
80. Volunteer for a forensic procedure to be informed
81. When forensic procedure may be done on volunteer
Division 3 -- Forensic procedures on deceased people
82. Forensic procedures on deceased people
Division 4 -- Forensic procedures on victims and witnesses
83. Request to adult to undergo forensic procedure
84. Request for protected person to undergo forensic procedure
85. Request and giving of information to be recorded
86. Forensic procedure, when it may be done
87. Consent may be withdrawn
88. Officer may apply for FP warrant (involved person)
89. FP warrant (involved person), application for
90. FP warrant (involved person), issue and effect of
Division 5 -- Forensic procedures on suspects
91. Request to adult to undergo forensic procedure
92. Request for protected person to undergo forensic procedure
93. Request and giving of information to be recorded
94. Forensic procedure, when it may be done
95. Consent may be withdrawn
96. Application for approval or FP warrant (suspect)
97. Non-intimate forensic procedure on adult, application for approval to do
98. Non-intimate forensic procedure on adult, senior officer may approve
99. FP warrant (suspect), application for
100. FP warrant (suspect), issue and effect of
Division 6 -- How forensic procedures must be done
101. General requirements
102. Gender of people doing forensic procedures
103. Who may do a forensic procedure
104. Samples etc., how to be taken
Division 7 -- Dealing with things found during a forensic procedure
105. Things found by chance during a forensic procedure
106. Things found may be seized etc.
Division 8 -- Admissibility of certain evidence
107. Evidence of refusal of consent etc.
108. Evidence of how procedure was done
PART 10 -- Provisions about searches and forensic procedures on people
109. Interpretation
110. Body searches and forensic procedures may be repeated
111. People not obliged to do searches etc.
112. Forensic information, use and destruction of
113. Publication of photographs restricted
114. Legal protection for people carrying out searches etc.
PART 11 -- Interviewing suspects
115. Interpretation
116. Interviews, conduct of
117. Recorded interview to be made available to the suspect
118. Admission in serious case inadmissible unless recorded
119. Recording admitted as evidence, jury may play
120. Recordings of interviews, possession etc. restricted
121. Recorded interview, broadcast prohibited
122. Recordings, court may give directions as to supply etc.
123. Recordings to be retained by the police and CCC
124. Recordings may be played for teaching purposes
PART 12 -- Arrest and related matters
Division 1 -- Preliminary
125. Interpretation
126. Proceedings by summons etc. not prevented
Division 2 -- Arrest without an arrest warrant
127. Arrest warrant not required
128. Arrest power for offences
Division 3 -- Ancillary powers to making an arrest
129. Warrant not required
130. Occupier’s rights if a place is entered
131. Powers exercisable on a search under this Division
132. Places may be entered and vehicles may be stopped
133. Places and vehicles of certain arrested suspects may be searched for evidence
134. Escapees, additional powers to aid recapture
Division 4 -- Searches of people in custody for security purposes
135. Certain people in custody may be searched
Division 5 -- Dealing with arrested people
136. Young Offenders Act 1994 not affected
137. Arrested people, rights of
138. Arrested suspects, rights of
139. Arrested suspects, detention of
140. Detention period for arrested suspects
141. Reasonable period of detention, factors determining
142. Arrested suspects, charging and releasing
143. Other arrested people, dealing with
Division 6 -- Miscellaneous
144. Possession of warrant at time of arrest not necessary
PART 13 -- Seizing things and related matters
145. Application
146. Things relevant to an offence, grounds for seizing
147. Seizing things, ancillary powers
148. Records relevant to an offence
149. Records, powers to facilitate seizing
150. Seized things, list to be supplied on request
151. Privileged material, procedure on seizure of
152. Criminal and Found Property Disposal Act 2006 applies
PART 14 -- Miscellaneous
153. Order by officer, offence to not obey
154. Evidence obtained improperly
155. Inadmissible evidence, court may allow admission
156. Regulations
157. Review of Act
[Assented to 16 November 2006]