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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Criminal Code (Rock Throwing and Laser
Pointing) Amendment Bill 2009
CONTENTS
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 304A inserted 2
304A. Endangering the safe use of a vehicle by
throwing an object or by a similar activity 2
99--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by Mr Quigley, MLA)
Criminal Code (Rock Throwing and Laser
Pointing) Amendment Bill 2009
A Bill for
An Act to amend the The Criminal Code to render it unlawful to
endanger the safety of a person or the safe use of a vehicle by
throwing an object or by a similar activity.
The Parliament of Western Australia enacts as follows:
page 1
Criminal Code (Rock Throwing and Laser Pointing) Amendment Bill 2009
s. 1
1 1. Short title
2 This Act is the Criminal Code (Rock Throwing and Laser
3 Pointing) Amendment Act 2009.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on the day after that day.
9 3. Act amended
10 This Act amends The Criminal Code.
11 4. Section 304A inserted
12 Insert after Section 304:
13 304A. Endangering the safe use of a vehicle by throwing
14 an object or by a similar activity
15 (1) In this section --
16 at includes towards;
17 beam of light, from a laser, means the beam of
18 radiation produced by a laser device;
19 laser means a laser pointer, laser scope or other laser
20 device;
21 path includes pathway, course and channel;
22 place includes insert and submerge;
23 throw includes propel, project and kick.
24 (2) A person who --
25 (a) throws an object at a vehicle, vessel or aircraft
26 that is in the course of travelling; or
page 2
Criminal Code (Rock Throwing and Laser Pointing) Amendment Bill 2009
s. 4
1 (b) places an object in or near to the path a vehicle,
2 vessel or aircraft is using or may use in the
3 course of travelling; or
4 (c) directs a beam of light from a laser at or near a
5 vehicle, vessel or aircraft that is in the course of
6 travelling,
7 in a way that endangers or is likely to endanger the safe
8 use of the vehicle, vessel or aircraft is guilty of a crime
9 and is liable to imprisonment for a maximum of
10 2 years.
11 (3) A person who engages in the actions described in
12 subsection (2)(a), (2)(b) or (2)(c) and as a result
13 endangers or is likely to endanger the life, health or
14 safety of any person is guilty of a crime and is liable to
15 imprisonment for a maximum of 5 years.
16 (4) For paragraph (2)(a), throwing an object at a vehicle,
17 vessel or aircraft includes throwing or dropping an
18 object onto or near the vehicle, vessel or aircraft or into
19 or near to the path of the vehicle, vessel or aircraft.
20 (5) The following do not matter --
21 (a) the intention with which an object is thrown,
22 dropped or placed or a beam of light from a
23 laser is directed (in any case, the initial act);
24 (b) whether contact is made with a vehicle, vessel
25 or aircraft;
26 (c) without limiting paragraph (a), whether a
27 particular vehicle, vessel or aircraft is involved;
28 (d) in relation to a requirement that a vehicle,
29 vessel or aircraft be in the course of
30 travelling--whether the vehicle, vessel or
31 aircraft is moving or stationary;
page 3
Criminal Code (Rock Throwing and Laser Pointing) Amendment Bill 2009
s. 4
1 (e) whether a vehicle, vessel or aircraft is in the
2 sight of the offender or present when the initial
3 act is done.
4
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