Western Australian Numbered Acts Western Australian Numbered Acts (1) In this Act,
unless the contrary intention appears —
"adult" means a person who has reached
18 years of age and in respect of whom there are no reasonable grounds to
suspect that he or she is an incapable person;
"child" means a person who is under 18 years
of age and in respect of whom there are no reasonable grounds to suspect that
he or she is an incapable person;
"corresponding law" has the meaning given by
section 87;
"DNA database" has the meaning given by section
76;
"forensic database" has the meaning given by
section 61;
"forensic purpose" means —
(a)
investigating an offence or a suspected offence or offences generally;
(b)
investigating the death of a person or identifying a deceased person; or
(c)
investigating the whereabouts of or identifying a missing person;
"identifying feature", in relation to a person,
means a permanent or semi-permanent physical feature of the person that helps
to identify the person;
For example : the face
of a person or a birthmark, scar or tattoo on a person.
"identifying information" has, except in Schedule
1, the meaning given by section 61;
"identifying particular" has the meaning given by
section 11(1), 528489256">17, 23, 34, 47, 61 or Schedule 1 clause 1,
as the case requires;
"identifying procedure” means a procedure in
the course of which —
(a) one
or more identifying particulars of a person are obtained from the person; and
(b) if
practicable, the person’s personal details are obtained;
"impression" includes a cast;
"incapable person" means a person of any
age —
(a) who
is unable by reason of a mental disability (which term includes intellectual
disability, a psychiatric condition, an acquired brain injury and dementia) to
understand the general nature and effect of, and the reason for and the
consequences of undergoing, an identifying procedure; or
(b) who
is unconscious or otherwise unable to understand a request made or information
given under this Act or to communicate whether or not he or she consents to an
identifying procedure being done on him or her;
"intimate identifying procedure", in relation to a
person, means —
(a) an
identifying procedure that is done on the person’s private parts;
(b) the
taking of a dental impression of the person; or
(c) the
taking of a sample of the person’s blood;
"IP warrant (involved protected person)" means a
warrant issued under section 33;
"IP warrant (suspect)" means a warrant issued
under section 46;
"JP" means Justice of the Peace;
"non-intimate identifying procedure", in relation
to a person, means an identifying procedure that is done on the person that is
not an intimate identifying procedure, and includes the taking of a buccal
swab from the person;
"offence" means an offence under a written law but
does not include a contempt of court;
"officer" means a police officer or a
public officer or both, as the case requires;
"official details" means —
(a) in
respect of a police officer — the officer’s surname and rank
and includes, in relation to an application by the officer under this Act for
a warrant, the officer’s registered number;
(b) in
respect of a public officer — the officer’s full name and
official title;
"participating jurisdiction" has the meaning given
by section 87;
"personal details", in relation to a person, has
the meaning given by section 16(1);
"photograph" includes a video recording and a
digital image;
"police officer" means a person appointed under
Part I of the Police Act 1892 to be a member of the Police Force of
Western Australia;
"private parts", in relation to a person, means
the person’s genital area, anal area and buttocks and, in the case
of —
(a) a
female; or
(b) a
male undergoing a reassignment procedure within the meaning of the
Gender Reassignment Act 2000 ,
includes the
person’s breasts;
"protected person" means a person who is a child
or an incapable person;
"Public Advocate" has the meaning given by the
Guardianship and Administration Act 1990 ;
"public officer" means a person, other than a
police officer, appointed under a written law to an office that is prescribed
under section 5(1);
"reasonably suspects" has the meaning given by
section 4;
"remote communication" means any way of
communicating at a distance including by telephone, fax, email and radio;
"responsible person", in relation to a child,
means —
(a) a
parent of the child;
(b) a
guardian of the child;
(c)
another person who has responsibility for the day-to-day care of the child; or
(d) if
no person mentioned in another paragraph of this definition is
available — a person, or a person in a class of persons, prescribed
by the regulations;
"responsible person", in relation to an incapable
person, means —
(a) the
spouse of the incapable person;
(b) a
parent of the incapable person;
(c) if
the incapable person is under 18 years of age — a guardian of the
incapable person;
(d) if
the incapable person has reached 18 years of age — the
Public Advocate or a guardian of the incapable person appointed under the
Guardianship and Administration Act 1990 ;
(e)
another person who has responsibility for the day-to-day care of the
incapable person; or
(f) if
no person mentioned in another paragraph of this definition is
available — a person, or a person in a class of persons, prescribed
by the regulations;
"senior officer" means —
(a) a
police officer who is, or is acting as, a sergeant or an officer of a rank
more senior than a sergeant;
(b) a
public officer who is prescribed by the regulations to be a senior officer for
the purpose of this Act;
"serious offence" means an offence the statutory
penalty for which is strict security life imprisonment, life imprisonment or
imprisonment for 12 months or more;
"statutory penalty", in relation to an offence,
means the penalty specified by a written law for the offence;
"volunteer" has the meaning given by section 17;
"WA Police" means the Police Force of Western
Australia provided for by the Police Act 1892 .
(2) For the purposes
of this Act a person is charged with an offence when the officer investigating
the offence —
(a)
informs the person that he or she will be charged with the offence, whether or
not at that time the officer has made or sworn a complaint in respect of the
offence; or
(b)
makes or swears a complaint in respect of the offence,
whichever happens
first.
(3) Examples prefaced
by “ For example :” in this Act do not form part of it and are
provided to assist understanding.