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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Acts Amendment (Weapons) Bill 2009
CONTENTS
Part 1 -- Preliminary matters
1. Short title 2
2. Commencement 2
Part 2 -- The Criminal Code
amended
3. The Criminal Code amended 3
4. Sections 68A to 68E inserted 3
68A. Provisions about lawful excuses under
s. 68B, 68C, 68D and 68E 3
68B. Being armed in or near place of public
entertainment 4
68C. Being armed in public in company 5
68D. Having ready access to both weapons and
cash 5
68E. Having ready access to both weapons and
illegal drugs 6
Part 3 -- Weapons Act 1999 amended
5. Act amended 7
6. Section 6 amended 7
7. Section 7 amended 7
8. Section 8A inserted 7
8A. Selling and supplying controlled weapons
to children 7
9. Section 8 amended 8
10. Section 10 amended 8
11. Section 11 amended 9
12. Section 12 amended 9
088--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Acts Amendment (Weapons) Bill 2009
A Bill for
An Act to amend The Criminal Code and the Weapons Act 1999.
The Parliament of Western Australia enacts as follows:
page 1
Acts Amendment (Weapons) Bill 2009
Part 1 Preliminary matters
s. 1
1 Part 1 -- Preliminary matters
2 1. Short title
3 This is the Acts Amendment (Weapons) Act 2009.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) Part 1 -- on the day on which this Act receives the
7 Royal Assent (assent day);
8 (b) section 8 -- on the 28th day after assent day;
9 (c) the rest of the Act -- on the day after assent day.
page 2
Acts Amendment (Weapons) Bill 2009
The Criminal Code amended Part 2
s. 3
1 Part 2 -- The Criminal Code amended
2 3. The Criminal Code amended
3 This Part amends The Criminal Code.
4 4. Sections 68A to 68E inserted
5 After section 67 insert:
6
7 68A. Provisions about lawful excuses under s. 68B, 68C,
8 68D and 68E
9 (1) In a prosecution for an offence under section 68B, 68C,
10 68D or 68E, the accused has the onus of proving that
11 the accused had a lawful excuse.
12 (2) In sections 68B, 68C and 68D, being armed for defence
13 is not a lawful excuse unless the person --
14 (a) has reasonable grounds to apprehend that
15 circumstances necessitating defence may arise;
16 and
17 (b) is armed only for defence; and
18 (c) is armed only --
19 (i) with a weapon or instrument the sole
20 purpose of which is to spray oleoresin
21 capsicum; or
22 (ii) with a briefcase or suitcase that is
23 commercially designed and made to
24 discharge an electric current so as to
25 deter the theft of the case.
26 (3) In sections 68B, 68C and 68D, lawful excuse includes
27 the following --
28 (a) being a police officer acting in the course of
29 duty;
page 3
Acts Amendment (Weapons) Bill 2009
Part 2 The Criminal Code amended
s. 4
1 (b) being a security officer, as defined in the Public
2 Transport Authority Act 2003 section 3, acting
3 in the course of duty;
4 (c) being a prison officer, as defined in the Prisons
5 Act 1981 section 3(1) and (2), acting in the
6 course of duty;
7 (d) being a person authorised to exercise a power
8 set out in Division 1, 2 or 3 of Schedule 2 to the
9 Court Security and Custodial Services
10 Act 1999, or a power set out in Schedule 3 to
11 that Act, acting in the course of duty;
12 (e) being the holder of, and engaged in activities
13 authorised by, a security officer's licence issued
14 under the Security and Related Activities
15 (Control) Act 1996 while armed in accordance
16 with Part 3 Division 3 of that Act.
17 68B. Being armed in or near place of public
18 entertainment
19 (1) In this section --
20 lawful excuse has a meaning affected by section 68A;
21 place of public entertainment means --
22 (a) a place where the public is present and where
23 entertainment of any kind is about to be, is
24 being, or has just been provided to the public,
25 whether on payment or not; or
26 (b) licensed premises, as defined by the Liquor
27 Control Act 1988 section 3(1);
28 prescribed place means --
29 (a) a place of public entertainment; or
30 (b) a public place within 50 metres of a place of
31 public entertainment.
32 (2) A person who, without lawful excuse, is armed with
33 any dangerous or offensive weapon or instrument in, or
page 4
Acts Amendment (Weapons) Bill 2009
The Criminal Code amended Part 2
s. 4
1 with intent to enter, a prescribed place is guilty of a
2 crime and is liable to imprisonment for 5 years.
3 Summary conviction penalty: imprisonment for 3 years
4 and a fine of $36 000.
5 68C. Being armed in public in company
6 (1) In this section --
7 lawful excuse has a meaning affected by section 68A.
8 (2) A person who, without lawful excuse, is armed with
9 any dangerous or offensive weapon or instrument in a
10 public place when in company with 2 or more other
11 persons is guilty of a crime and is liable to
12 imprisonment for 5 years.
13 Summary conviction penalty: imprisonment for 3 years
14 and a fine of $36 000.
15 68D. Having ready access to both weapons and cash
16 (1) In this section --
17 lawful excuse has a meaning affected by section 68A;
18 prescribed amount means the amount prescribed for
19 the purposes of the Firearms Act 1973
20 section 19(1ab)(a)(ii).
21 (2) A person who, without lawful excuse, has ready access
22 simultaneously to both --
23 (a) a dangerous or offensive weapon or instrument;
24 and
25 (b) cash equal to or more than the prescribed
26 amount,
27 is guilty of a crime and is liable to imprisonment for
28 5 years.
29 Summary conviction penalty: imprisonment for 3 years
30 and a fine of $36 000.
page 5
Acts Amendment (Weapons) Bill 2009
Part 2 The Criminal Code amended
s. 4
1 68E. Having ready access to both weapons and illegal
2 drugs
3 (1) In this section, being armed for defence is not a lawful
4 excuse.
5 (2) A person who, without lawful excuse, has ready access
6 simultaneously to both --
7 (a) a dangerous or offensive weapon or instrument;
8 and
9 (b) a prohibited drug or a prohibited plant, as those
10 terms are defined by the Misuse of Drugs
11 Act 1981 section 3(1), that, under section 6 or 7
12 of that Act, the person is not authorised to
13 possess,
14 is guilty of a crime and is liable to imprisonment for
15 5 years.
16 Summary conviction penalty: imprisonment for 3 years
17 and a fine of $36 000.
18
page 6
Acts Amendment (Weapons) Bill 2009
Weapons Act 1999 amended Part 3
s. 5
1 Part 3 -- Weapons Act 1999 amended
2 5. Act amended
3 This Part amends the Weapons Act 1999.
4 6. Section 6 amended
5 In section 6(1) delete the Penalty and insert:
6
7 Penalty: imprisonment for 3 years and a fine of
8 $36 000.
9
10 7. Section 7 amended
11 (1) In section 7(1) delete the Penalty and insert:
12
13 Penalty: imprisonment for 2 years and a fine of
14 $24 000.
15
16 (2) In section 7(2) delete the Penalty and insert:
17
18 Penalty: imprisonment for 2 years and a fine of
19 $24 000.
20
21 8. Section 8A inserted
22 After section 7 insert:
23
24 8A. Selling and supplying controlled weapons to
25 children
26 (1) In this section --
27 child means a person under 18 years of age.
page 7
Acts Amendment (Weapons) Bill 2009
Part 3 Weapons Act 1999 amended
s. 9
1 (2) A person who sells a controlled weapon to a child
2 commits an offence.
3 Penalty: imprisonment for 2 years and a fine of
4 $24 000.
5 (3) A person who supplies a controlled weapon to a child
6 commits an offence.
7 Penalty: imprisonment for 2 years and a fine of
8 $24 000.
9 (4) It is a defence to a charge of an offence under
10 subsection (3) to prove the accused believed on
11 reasonable grounds that --
12 (a) possession by the child of the weapon would be
13 lawful under section 7; or
14 (b) the child supplied with the weapon intended to
15 use it only --
16 (i) to commit lawful acts in the course of a
17 sporting or recreational activity; or
18 (ii) in circumstances, if any, prescribed by
19 the regulations.
20
21 9. Section 8 amended
22 In section 8(1) delete the Penalty and insert:
23
24 Penalty: imprisonment for 2 years and a fine of
25 $24 000.
26
27 10. Section 10 amended
28 In section 10(3) delete "7 or" and insert:
29
30 7, 8A or
31
page 8
Acts Amendment (Weapons) Bill 2009
Weapons Act 1999 amended Part 3
s. 11
1 11. Section 11 amended
2 In section 11 delete "7 or" and insert:
3
4 7, 8A or
5
6 12. Section 12 amended
7 In section 12(1) in the definition of offence delete "7 or" and
8 insert:
9
10 7, 8A or
11
12
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