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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Criminal Investigation Amendment (Protection
of Law Enforcement Animals) Bill 2023
Contents
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Part 14 Division 1 inserted 2
Division 1 -- Offences
152A. Terms used 2
5. Sections 153A to 153E inserted 3
153A. Harm to animals being used in execution
of law enforcement duties 3
153B. Harm to law enforcement animals
generally 4
153C. General provisions about reasonable
excuse for offences under s. 153A or
153B 5
153D. Reasonable excuse includes self-defence
for offences under s. 153A or 153B 5
153E. Compensation order relating to offences
under s. 153A or 153B 6
6. Part 14 Division 2 heading inserted 7
Division 2 -- General
128--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Criminal Investigation Amendment (Protection
of Law Enforcement Animals) Bill 2023
A Bill for
An Act to amend the Criminal Investigation Act 2006.
The Parliament of Western Australia enacts as follows:
page 1
Criminal Investigation Amendment (Protection of Law Enforcement
Animals) Bill 2023
s. 1
1 1. Short title
2 This is the Criminal Investigation Amendment (Protection of
3 Law Enforcement Animals) Act 2023.
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 a day fixed by proclamation.
9 3. Act amended
10 This Act amends the Criminal Investigation Act 2006.
11 4. Part 14 Division 1 inserted
12 At the beginning of Part 14 insert:
13
14 Division 1 -- Offences
15 152A. Terms used
16 In this Division --
17 apply force, to an animal, includes to apply heat, light,
18 sound, electrical force, gas, odour or any other
19 substance or thing so as to cause injury or discomfort
20 to the animal;
21 assault, an animal, means, either directly or indirectly,
22 to strike, touch or move the animal, or otherwise apply
23 force of any kind to the animal;
page 2
Criminal Investigation Amendment (Protection of Law Enforcement
Animals) Bill 2023
s. 5
1 circumstances of aggravation means circumstances in
2 which during, or immediately before or after, the
3 commission of the offence --
4 (a) the offender is armed with a dangerous or
5 offensive weapon or instrument; or
6 (b) the offender is in company with another person
7 or persons;
8 power, duty or responsibility, of an officer who is not a
9 police officer, means a power, duty or responsibility
10 conferred on the officer by this Act;
11 reasonable excuse has a meaning affected by
12 sections 153C(2) and 153D.
13
14 5. Sections 153A to 153E inserted
15 After section 153 insert:
16
17 153A. Harm to animals being used in execution of law
18 enforcement duties
19 (1) A person who, without reasonable excuse, kills an
20 animal that is being used by an officer in the execution
21 of the officer's powers, duties or responsibilities
22 commits a crime.
23 Penalty for this subsection: imprisonment for 10 years.
24 (2) A person who, without reasonable excuse, in
25 circumstances of aggravation, assaults or injures an
26 animal that is being used by an officer in the execution
27 of the officer's powers, duties or responsibilities
28 commits a crime.
29 Penalty for this subsection: imprisonment for 10 years.
page 3
Criminal Investigation Amendment (Protection of Law Enforcement
Animals) Bill 2023
s. 5
1 (3) A person who, without reasonable excuse, assaults or
2 injures an animal that is being used by an officer in the
3 execution of the officer's powers, duties or
4 responsibilities commits a crime.
5 Penalty for this subsection: imprisonment for 7 years.
6 Summary conviction penalty for this subsection:
7 imprisonment for 3 years and a fine of $36 000.
8 153B. Harm to law enforcement animals generally
9 (1) A person who, without reasonable excuse, kills an
10 animal on account of the animal being an animal that is
11 used, or trained or maintained for use, by officers in the
12 execution of their powers, duties or responsibilities
13 commits a crime.
14 Penalty for this subsection: imprisonment for 10 years.
15 (2) A person who, without reasonable excuse, in
16 circumstances of aggravation, assaults or injures an
17 animal on account of the animal being an animal that is
18 used, or trained or maintained for use, by officers in the
19 execution of their powers, duties or responsibilities
20 commits a crime.
21 Penalty for this subsection: imprisonment for 10 years.
22 (3) A person who, without reasonable excuse, assaults or
23 injures an animal on account of the animal being an
24 animal that is used, or trained or maintained for use, by
25 officers in the execution of their powers, duties or
26 responsibilities commits a crime.
27 Penalty for this subsection: imprisonment for 7 years.
28 Summary conviction penalty for this subsection:
29 imprisonment for 3 years and a fine of $36 000.
page 4
Criminal Investigation Amendment (Protection of Law Enforcement
Animals) Bill 2023
s. 5
1 153C. General provisions about reasonable excuse for
2 offences under s. 153A or 153B
3 (1) In a prosecution for an offence under section 153A
4 or 153B, the accused has the onus of proving that the
5 accused had a reasonable excuse.
6 (2) In sections 153A and 153B, reasonable excuse
7 includes the following --
8 (a) being an officer acting in the course of
9 executing a power, duty or responsibility;
10 (b) acting with the consent of an officer or the
11 owner, or person in charge, of the animal that
12 was assaulted, injured or killed;
13 (c) providing veterinary care or treatment to the
14 animal that was assaulted, injured or killed;
15 (d) being a person authorised to train the animal
16 that was assaulted, injured or killed and acting
17 in the course of training the animal.
18 153D. Reasonable excuse includes self-defence for offences
19 under s. 153A or 153B
20 (1) In sections 153A and 153B, reasonable excuse
21 includes circumstances in which --
22 (a) the animal that was assaulted, injured or killed
23 was attacking, or threatening to attack, the
24 accused, another person or another animal; and
25 (b) the accused was defending the accused, another
26 person or another animal against the attack or
27 threatened attack; and
28 (c) the accused did not use more force than was
29 reasonably necessary.
page 5
Criminal Investigation Amendment (Protection of Law Enforcement
Animals) Bill 2023
s. 5
1 (2) Subsection (1) does not apply if --
2 (a) the animal that was assaulted, injured or killed
3 was being used by an officer in the execution of
4 the officer's powers, duties or responsibilities;
5 and
6 (b) the use of the animal was not unreasonable in
7 the circumstances.
8 (3) Subsection (1) does not apply to an accused who, in the
9 course of, or for the purpose of, committing an
10 unlawful act, enters or attempts to enter a place or
11 vehicle --
12 (a) of which the person who has actual physical
13 custody or control of the animal that was
14 assaulted, injured or killed is the occupier; or
15 (b) occupied by the animal.
16 (4) Subsection (1) does not apply if --
17 (a) the accused provoked the attack or threatened
18 attack; or
19 (b) the accused permitted or encouraged another
20 animal to attack or threaten the animal that was
21 assaulted, injured or killed.
22 153E. Compensation order relating to offences under
23 s. 153A or 153B
24 (1) A court that convicts a person of an offence under
25 section 153A or 153B in relation to an animal may, on
26 application by the Commissioner of Police or the
27 prosecutor, order the person to pay all or some of the
28 reasonable expenses incurred or likely to be incurred as
29 a result of the offence in relation to --
30 (a) the treatment, care, rehabilitation or re-training
31 of the animal; or
page 6
Criminal Investigation Amendment (Protection of Law Enforcement
Animals) Bill 2023
s. 6
1 (b) the replacement of the animal with another
2 suitably trained animal.
3 (2) An order made under subsection (1) must direct the
4 amount to be paid --
5 (a) to the Commissioner of Police, if the animal is
6 or was an animal used by police officers; or
7 (b) to a person nominated by the prosecutor, if the
8 animal is or was an animal used by officers
9 other than police officers.
10 (3) A court may, for the purpose of obtaining additional
11 information or any other purpose it thinks fit, adjourn
12 an application for an order made under subsection (1)
13 for any period that the court thinks appropriate in the
14 circumstances.
15 (4) Except as provided by subsection (3), the Sentencing
16 Act 1995 Part 16 applies, with any necessary
17 modifications, to and in respect of an order made under
18 subsection (1) as if it were a compensation order made
19 under that Part.
20
21 6. Part 14 Division 2 heading inserted
22 Before section 154 insert:
23
24 Division 2 -- General
25
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