Western Australian Numbered Acts Western Australian Numbered Acts (1) In this Act,
unless the contrary intention appears —
“area associated with a dwelling”
means —
(a) if
the dwelling is one of 2 or more dwellings in one building, the parts of the
building and any area around the building that the occupiers of the dwellings
use exclusively but in common with each other; or
(b)
otherwise, the area around the dwelling that is used exclusively by the
occupier, such as a driveway, garden or yard;
“arrest warrant” means a warrant
issued under another written law for the arrest of a person;
“basic search” of a person, means a
search that complies with section 63;
“disturb” includes to damage, destroy,
interfere with and remove;
“DPP” means the Director of Public
Prosecutions appointed under the Director of Public Prosecutions Act 1991 ;
“dwelling” means a place or a part of
a place that is ordinarily used for human habitation and it does not matter
that it is from time to time uninhabited;
“forensic examination” , in relation
to a thing, has a meaning affected by section 21;
“forensic procedure” has the meaning
given to that term by section 73;
“frisk search” a person, means to
quickly and methodically run the hands over the outside of the person’s
clothing;
“impression” includes a cast;
“lawyer” has the meaning given to
“certificated practitioner” by the Legal Practice Act 2003 section
3;
“mobile home” means a
vehicle —
(a) that
is ordinarily used for human habitation; and
(b) that
is permanently or semi-permanently stationary in a single location;
“occupier” of a place, includes any
person who appears to have the control or management of the place;
“offence” means any offence under a
written law;
“officer” means a police officer or a
public officer or both, as the case requires;
“official details” —
(a) of a
police officer — means the officer’s surname and rank and, if
the officer’s official details are required to be stated on a document,
the officer’s registered number;
(b) of a
public officer — means the officer’s full name and official
title;
“photograph” includes a digital image
and a moving visual record;
“place” means any land, building,
structure, tent or mobile home or a part of any land, building, structure,
tent or mobile home;
“police officer” means a person
appointed under the Police Act 1892 Part I to be a member of the Police
Force of Western Australia;
“prescribed” means prescribed by
regulations made under this Act;
“private parts” of a person, means the
person’s genital area, anal area, buttocks and, in the case
of —
(a) a
female; or
(b) a
male undergoing a reassignment procedure, as that term is defined in the
Gender Reassignment Act 2000 section 3,
“protected forensic area” means a
protected forensic area established in accordance with section 46;
“public officer” means a person, other
than a police officer, appointed under a written law to an office that is
prescribed under section 9(1);
“public open area” means —
(a) an
area that is part of a road open to and used by the public; or
(b) an
area of land —
(i)
to which the public has access, whether on payment or
not; and
(ii)
on which there is no building, structure, tent or mobile
home,
and it does not matter
if the area is the whole or a part of a surveyed lot or of an unsurveyed piece
of land, or, if the area is part of such a lot, there is a building,
structure, tent or mobile home on some other part;
Example : under paragraph (b), an area of
bush in a national park is a public open area but a building in the park is
not.
“public place” includes —
(a) a
place to which the public, or any section of the public, has or is permitted
to have access, whether on payment or not;
(b) a
place to which the public has access with the express or implied approval of,
or without interference from, the occupier of the place; and
(c) a
school, university or other place of education, other than a part of it to
which neither students nor the public usually has access;
“reasonably suspects” has the meaning
given by section 4;
“record” means any record of
information, irrespective of how the information is recorded or stored or able
to be recovered and includes —
(a) any
thing from which images, sounds or writings can be reproduced, with or without
the aid of anything else; and
(b) any
thing on which information is recorded or stored, whether electronically,
magnetically, mechanically or by some other means;
“remote communication” means any way
of communicating at a distance including by telephone, fax, email and radio;
“search warrant” means a search
warrant issued under Part 5 Division 3;
“senior police officer” means a police
officer who is, or is acting as, an inspector or an officer of a rank more
senior than an inspector;
“statutory penalty” for an offence,
means the penalty specified by a written law for the offence;
“strip search” of a person, means a
search that complies with section 64;
“thing relevant to an offence” has the
meaning given to that term by section 5;
“vehicle” means —
(a) any
thing capable of transporting people or things by air, road, rail or water,
irrespective of whether the thing is permanently or semi-permanently
stationary, other than a mobile home; or
(b) a
mobile home that is reasonably suspected not to be permanently or
semi-permanently stationary in a single location,
and it does not matter
how the thing or mobile home is moved or propelled;
“WA Police” means the Police Force of
Western Australia provided for by the Police Act 1892 .
(2) Examples in this
Act are provided to assist understanding and do not form part of the Act.