[s. 3(1)]
[Heading inserted: No. 6 of 2008 s. 42(1).]
Enactment |
Description of offence | |
---|---|---|
1. |
The Criminal Code | |
|
s. 186(1) |
Occupier or owner allowing young person to be on premises for unlawful carnal
knowledge |
|
s. 187(2) |
Facilitating sexual offence against child outside WA |
|
s. 192(1) |
Procuring person to have unlawful carnal knowledge by threat, fraud or
administering drug |
|
s. 204A(2) |
Showing offensive material to child under 16 |
|
s. 204B(2) |
Using electronic communication to procure, or expose to indecent matter, child
under 16 |
|
s. 204B(3) |
Using electronic communication to procure, or expose to indecent matter, child
under 13 |
|
s. 217(2) |
Involving child in child exploitation |
|
s. 218 |
Producing child exploitation material |
|
s. 219(2) |
Distributing child exploitation material |
|
s. 219(3) |
Possessing child exploitation material with the intention of distributing it |
s. 220 |
Possession of child exploitation material | |
|
s. 221E(1) |
Participating in activities of criminal organisation |
|
s. 221F(1) |
Instructing commission of offence for benefit of criminal organisation |
|
s. 279 |
Murder |
|
s. 280 |
Manslaughter |
|
s. 281 |
Unlawful assault causing death |
|
s. 283 |
Attempt to murder |
|
s. 292 |
Disabling in order to commit indictable offence |
|
s. 294 |
Acts intended to cause grievous bodily harm or to resist or prevent arrest |
s. 297 |
Grievous bodily harm | |
|
s. 298 |
Suffocation and strangulation |
|
s. 300 |
Persistent family violence |
|
s. 301 |
Wounding and similar acts |
|
s. 304(2) |
Acts or omissions, with intent to harm, causing bodily harm or danger |
|
s. 317 |
Assault occasioning bodily harm |
|
s. 317A(a) |
Assault with intent to commit or facilitate a crime |
|
s. 317A(b) |
Assault with intent to do grievous bodily harm |
|
s. 318 |
Serious assaults |
|
s. 318B |
Assault on retail workers |
|
s. 320(2) |
Sexual penetration of child under 13 |
|
s. 320(3) |
Procuring child under 13 to engage in sexual behaviour |
|
s. 320(4) |
Indecently dealing with child under 13 |
|
s. 320(5) |
Procuring child under 13 to do indecent act |
|
s. 320(6) |
Indecently recording child under 13 |
|
s. 321(2) |
Sexual penetration of child of or over 13 and under 16 |
|
s. 321(3) |
Procuring child of or over 13 and under 16 to engage in sexual behaviour |
|
s. 321(4) |
Indecently dealing with child of or over 13 and under 16 |
|
s. 321(5) |
Procuring child of or over 13 and under 16 to do indecent act |
|
s. 321(6) |
Indecently recording child of or over 13 and under 16 |
|
s. 321A(4) |
Persistently engaging in sexual conduct with child under 16 |
|
s. 322(2) |
Person in authority sexually penetrating child of or over 16 |
|
s. 322(3) |
Person in authority procuring child of or over 16 to engage in sexual
behaviour |
|
s. 322(4) |
Person in authority indecently dealing with child of or over 16 |
|
s. 322(5) |
Person in authority procuring child of or over 16 to do indecent act |
|
s. 322(6) |
Person in authority indecently recording child of or over 16 |
|
s. 323 |
Indecent assault |
|
s. 324 |
Aggravated indecent assault |
|
s. 325 |
Sexual penetration without consent |
|
s. 326 |
Aggravated sexual penetration without consent |
|
s. 327(1) |
Sexual coercion |
|
s. 328(1) |
Aggravated sexual coercion |
|
s. 329(2) |
Sexual penetration of child who is a relative |
|
s. 329(3) |
Procuring child who is a relative to engage in sexual behaviour |
|
s. 329(4) |
Indecently dealing with child who is a relative |
|
s. 329(5) |
Procuring child who is a relative to do indecent act |
|
s. 329(6) |
Indecently recording child who is a relative |
|
s. 329(7) |
Sexual penetration of person who is a relative |
|
s. 329(8) |
Consent to sexual penetration by person who is a relative |
|
s. 330(2) |
Sexual penetration of incapable person |
|
s. 330(3) |
Procuring incapable person to engage in sexual behaviour |
|
s. 330(4) |
Indecently dealing with incapable person |
|
s. 330(5) |
Procuring incapable person to do indecent act |
|
s. 330(6) |
Indecently recording incapable person |
|
s. 331B |
Sexual servitude |
|
s. 331C |
Conducting business involving sexual servitude |
|
s. 331D |
Deceptive recruiting for commercial sexual services |
|
s. 332 |
Kidnapping |
|
s. 333 |
Deprivation of liberty |
|
s. 338E |
Stalking |
|
s. 378 |
Stealing a motor vehicle |
|
s. 392 |
Robbery |
|
s. 393 |
Assault with intent to rob |
|
s. 401 |
Burglary |
|
s. 444 |
Criminal damage, if the property is destroyed or damaged by fire |
2. | ||
|
Wilfully lighting a fire or causing a fire to be lit under such circumstances
as to be likely to injure or damage a person or property | |
2AAA. | ||
|
s. 101(1) |
Failing to protect child from harm |
|
s. 192(1) |
Employing child to perform in indecent manner etc. |
|
s. 192(2) |
Parent permitting child to be employed to perform in indecent manner, etc. |
2AA. | ||
|
s. 99(1) |
Association by controlled person with another controlled person |
|
s. 99(3) |
Association by controlled person with another controlled person on 3 or more
occasions within 3 month period |
|
s. 102 |
Offence for controlled person to get funds to, from or for declared criminal
organisation |
|
s. 103 |
Other contravention of interim control order or control order |
|
s. 106 |
Recruiting members for declared criminal organisation |
|
s. 107(2) |
Permitting premises to be habitually used as place of resort by members of
declared criminal organisation |
|
s. 107(3) |
Being knowingly concerned in the management of premises habitually used as
place of resort by members of declared criminal organisation |
2a. | ||
|
Offences concerned with prohibited drugs generally | |
|
Offences concerned with prohibited plants generally | |
|
Possessing a quantity of a category 1 item or a category 2 item in
circumstances where the life, health or safety of a child under 16 years of
age was endangered, or bodily harm (as defined in The Criminal Code section
1(1) and (4)) was caused to such a child, by the acts constituting the offence
| |
Attempting to commit an offence under section 6(1) or 7(1) | ||
| ||
2AAB. | ||
|
Seeking person to act as prostitute in, or in view or within hearing of,
public place, if person is a child | |
|
Seeking person to be prostitute’s client in, or in view or within
hearing of, public place, if person is a child | |
|
Acting as prostitute for child | |
|
Causing or permitting child to act as prostitute | |
|
Acting with intent to induce child to act as prostitute | |
|
Obtaining payment for prostitution by child | |
|
s. 18(1) |
Agreement for prostitution by child |
2b . |
Restraining Orders Act 1997 | |
|
Breach of a family violence restraining order | |
|
Breach of a violence restraining order | |
|
Breach of a police order | |
|
s. 86(2) |
Breach of a Part VII order under the Justices Act 1902 2 — (a) that under section 86 of the Restraining
Orders Act 1997 is taken to be a misconduct restraining order under that Act;
and (b) that shows on the face of the order that the
causing or threatening of personal injury by the accused was a ground for the
making of the order. |
3 . | ||
|
Dangerous driving causing death, injury, etc. | |
|
Dangerous driving causing bodily harm | |
3A. | ||
|
s. 75B(1) |
Navigation of vessel occasioning death while under influence of alcohol, a
drug or alcohol and a drug |
|
s. 75B(2) |
Dangerous navigation of vessel occasioning death |
|
s. 75BA(1) |
Navigation of vessel occasioning grievous bodily harm while under influence of
alcohol, a drug or alcohol and a drug |
|
s. 75BA(2) |
Dangerous navigation of vessel occasioning grievous bodily harm |
|
s. 75BB(1) |
Navigation of vessel occasioning bodily harm while under influence of alcohol,
a drug or alcohol and a drug |
|
s. 75BB(3) |
Dangerous navigation of vessel occasioning bodily harm |
4. |
Commonwealth Criminal Code | |
|
s. 115.1(1) |
Murder of Australian citizen or resident |
|
s. 115.2(1) |
Manslaughter of Australian citizen or resident |
|
s. 115.3(1) |
Intentionally causing serious harm to Australian citizen or resident |
|
s. 115.4(1) |
Recklessly causing serious harm to Australian citizen or resident |
|
s. 132.2(1) |
Robbery |
|
s. 132.3(1) |
Aggravated robbery |
|
s. 132.4(1) |
Burglary |
|
s. 132.5(1) |
Aggravated burglary |
|
s. 270.3(1) |
Intentional enslavement |
|
s. 270.3(2) |
Reckless enslavement |
|
s. 270.5(1) |
Causing person to enter into or remain in servitude |
|
s. 270.5(2) |
Conducting business that involves the servitude of another person |
|
s. 270.6A(1) |
Causing person to enter into or remain in forced labour |
|
s. 270.6A(2) |
Conducting business that involves the forced labour of another person |
|
s. 270.7 |
Deceptive recruiting for labour or services |
|
s. 270.7B(1) |
Causing person to enter into a forced marriage as victim |
|
s. 270.7B(2) |
Being party to a forced marriage not as victim |
|
s. 270.7C |
Causing person to enter into debt bondage |
|
s. 272.8(1) |
Engaging in sexual intercourse with child under 16 outside Australia |
|
s. 272.8(2) |
Causing child under 16 to engage in sexual intercourse outside Australia |
|
s. 272.9(1) |
Engaging in sexual activity with child under 16 outside Australia |
|
s. 272.9(2) |
Causing child under 16 to engage in sexual activity outside Australia |
|
s. 272.10(1) |
Aggravated offence against section 272.8(1) or (2) or 272.9(1) or (2) |
|
s. 272.11(1) |
Persistent sexual abuse of child under 16 outside Australia |
|
s. 272.12(1) |
Engaging in sexual intercourse with person between 16 and 18 outside Australia
— defendant in position of trust or authority |
|
s. 272.12(2) |
Causing person between 16 and 18 to engage in sexual intercourse outside
Australia — defendant in position of trust or authority |
|
s. 272.13(1) |
Engaging in sexual activity with person between 16 and 18 outside Australia
— defendant in position of trust or authority |
|
s. 272.13(2) |
Causing person between 16 and 18 to engage in sexual activity outside
Australia — defendant in position of trust or authority |
|
s. 272.14(1) |
Procuring child under 16 to engage in sexual activity outside Australia |
|
s. 272.15(1) |
“Grooming” child under 16 to engage in sexual activity outside
Australia |
|
s. 272.15A(1) |
“Grooming” person to make it easier to engage in sexual activity
with child under 16 outside Australia |
|
s. 272.18(1) |
Benefiting from child sex offence outside Australia |
|
s. 272.19(1) |
Encouraging child sex offence outside Australia |
|
s. 272.20(1) |
Preparation or planning for offence against section 272.8, 272.9, 272.10,
272.11 or 272.18 |
|
s. 272.20(2) |
Preparation or planning for offence against section 272.12 or 272.13 |
|
s. 273.6(1) |
Possessing, controlling, producing, distributing or obtaining child abuse
material outside Australia |
|
s. 273.7(1) |
Aggravated offence against section 273.6 |
|
s. 273A.1 |
Possession of child-like sex dolls, etc. |
|
s. 302.2(1) |
Trafficking commercial quantity of controlled drug |
|
s. 302.3(1) |
Trafficking marketable quantity of controlled drug |
|
s. 302.4(1) |
Trafficking controlled drug |
|
s. 303.4(1) |
Cultivating commercial quantity of controlled plant |
|
s. 303.5(1) |
Cultivating marketable quantity of controlled plant |
|
s. 303.6(1) |
Cultivating controlled plant for commercial purpose |
|
s. 304.1(1) |
Selling commercial quantity of controlled plant |
|
s. 304.2(1) |
Selling marketable quantity of controlled plant |
|
s. 304.3(1) |
Selling controlled plant |
|
s. 305.3(1) |
Manufacturing commercial quantity of controlled drug for commercial purpose |
s. 305.4(1) |
Manufacturing marketable quantity of controlled drug for commercial purpose | |
s. 305.5(1) |
Manufacturing controlled drug for commercial purpose | |
|
s. 306.2(1) |
Pre-trafficking commercial quantity of controlled precursor |
|
s. 306.3(1) |
Pre-trafficking marketable quantity of controlled precursor |
|
s. 306.4(1) |
Pre-trafficking controlled precursor |
|
s. 471.19(1) |
Causing child abuse material to be carried by a postal or similar service |
|
s. 471.19(2) |
Requesting another person to cause child abuse material to be carried by a
postal or similar service |
|
s. 471.20(1) |
Possessing, controlling, producing, supplying or obtaining child abuse
material for use in offence against section 471.19(1) or (2) |
|
s. 471.22(1) |
Aggravated offence against section 471.19(1) or (2) or 479.20(1) |
|
s. 471.24(1) |
Using a postal or similar service to procure child under 16 for sexual
activity with sender |
|
s. 471.24(2) |
Using a postal or similar service to procure child under 16 for sexual
activity with another person who is an adult |
|
s. 471.24(3) |
Using a postal or similar service to procure child under 16 for sexual
activity with another person who is under 18 |
|
s. 471.25(1) |
Using a postal or similar service to “groom” child under 16 for
sexual activity with sender |
|
s. 471.25(2) |
Using a postal or similar service to “groom” child under 16 for
sexual activity with another person who is an adult |
|
s. 471.25(3) |
Using a postal or similar service to “groom” child under 16 for
sexual activity with another person who is under 18 |
|
s. 471.25A(1) |
Using a postal or similar service to “groom” another person to
procure child under 16 for sexual activity with sender |
|
s. 471.25A(2) |
Using a postal or similar service to “groom” another person to
procure child under 16 for sexual activity with another person who is an adult
|
s. 471.25A(3) |
Using a postal or similar service to “groom” another person to
procure child under 16 for sexual activity with another person who is under 18
| |
s. 471.26(1) |
Using a postal or similar service to send indecent material to child under 16 | |
s. 474.22(1) |
Using a carriage service for child abuse material | |
|
s. 474.22A(1) |
Possessing or controlling child abuse material obtained or accessed using a
carriage service |
|
s. 474.23(1) |
Possessing, controlling, producing, supplying or obtaining child abuse
material for use through a carriage service |
|
s. 474.23A(1) |
Conduct for the purposes of electronic service used for child abuse material |
s. 474.24A(1) |
Aggravated offence against section 474.22(1), 474.22A(1) or 474.23(1) | |
|
s. 474.25A(1) |
Engaging in sexual activity with child under 16 using a carriage service |
|
s. 474.25A(2) |
Causing child under 16 to engage in sexual activity with another person using
a carriage service |
|
s. 474.25B(1) |
Aggravated offence against section 474.25A(1) or (2) |
|
s. 474.25C |
Using carriage service to prepare or plan to cause harm to, engage in sexual
activity with, or procure for sexual activity, child under 16 |
|
s. 474.26(1) |
Using carriage service to procure child under 16 for sexual activity with
sender |
|
s. 474.26(2) |
Using carriage service to procure child under 16 for sexual activity with
another person who is an adult |
|
s. 474.26(3) |
Using carriage service to procure child under 16 for sexual activity with
another person who is under 18 |
|
s. 474.27(1) |
Using carriage service to “groom” child under 16 for sexual
activity with sender |
|
s. 474.27(2) |
Using carriage service to “groom” child under 16 for sexual
activity with another person who is an adult |
|
s. 474.27(3) |
Using carriage service to “groom” child under 16 for sexual
activity with another person who is under 18 |
|
s. 474.27AA(1) |
Using carriage service to “groom” person to procure child under 16
for sexual activity with sender |
|
s. 474.27AA(2) |
Using carriage service to “groom” person to procure child under 16
for sexual activity with another person who is an adult |
|
s. 474.27AA(3) |
Using carriage service to “groom” person to procure child under 16
for sexual activity with another person who is under 18 |
|
s. 474.27A(1) |
Using carriage service to transmit indecent communication to child under 16 |
[Schedule 2 inserted: No. 45 of 1993 s. 11;
amended: No. 82 of 1994 s. 13; No. 38 of 1998 s. 4(2); No. 54 of 1998 s. 15;
No. 23 of 2001 s. 10(1); No. 4 of 2004 s. 24 and 26; No. 38 of 2004 s. 61; No.
62 of 2004 s. 9(1); No. 84 of 2004 s. 82; No. 6 of 2008 s. 42(2); No. 29 of
2008 s. 24(8); No. 47 of 2011 s. 19; No. 56 of 2011 s. 11; No. 49 of 2012 s.
172; No. 30 of 2020 s. 50; No. 29 of 2022 s. 10; No. 31 of 2023 s. 28(2); No.
16 of 2024 s. 7.]
This is a compilation of the Bail Act 1982 and includes amendments made by
other written laws 3, 4 . For provisions that have come into operation, and
for information about any reprints, see the compilation table. For provisions
that have not yet come into operation see the uncommenced provisions table.
Short title |
Number and year |
Assent |
Commencement |
---|---|---|---|
86 of 1982 |
18 Nov 1982 |
6 Feb 1989 (see s. 2 and Gazette 27 Jan 1989 p. 263) | |
Acts Amendment (Abolition of Capital Punishment) Act 1984 Pt. III |
52 of 1984 |
5 Sep 1984 |
3 Oct 1984 |
Bail Amendment Act 1984 5 |
74 of 1984 (as amended by 15 of 1988 s. 20) |
29 Nov 1984 |
6 Feb 1989 (see s. 2 and Gazette 27 Jan 1989 p. 263) |
Bail Amendment Act 1988 |
15 of 1988 |
6 Sep 1988 |
6 Feb 1989 (see s. 2 and Gazette 27 Jan 1989 p. 263) |
Reprint of the Bail Act 1982 under the Reprints Act 1984 and the Bail
Amendment Act 1988 s. 21 6 (includes amendments listed above) | |||
Criminal Law Amendment Act 1988 Pt. 4 |
70 of 1988 |
15 Dec 1988 |
6 Feb 1989 (see s. 2(2)(b) and Gazette 27 Jan 1989 p. 263) |
Acts Amendment (Children’s Court) Act 1988 Pt. 13 |
49 of 1988 |
22 Dec 1988 |
1 Dec 1989 (see s. 2 and Gazette 24 Nov 1989 p. 4327) |
Justices Amendment Act 1989 s. 18 |
33 of 1989 |
22 Dec 1989 |
1 Jun 1991 (see s. 2 and Gazette 17 May 1991 p. 2455) |
Community Corrections Legislation Amendment Act 1990 Pt. 2 |
61 of 1990 |
17 Dec 1990 |
3 Apr 1991 (see s. 2 and Gazette 22 Mar 1991 p. 1209) |
Child Welfare Amendment Act (No. 2) 1990 s. 15 |
83 of 1990 |
22 Dec 1990 |
1 Aug 1991 (see s. 2 and Gazette 1 Aug 1991 p. 3983) |
Children’s Court of Western Australia Amendment Act (No. 2) 1991 s. 21 |
15 of 1991 |
21 Jun 1991 |
9 Aug 1991 (see s. 2(2) and Gazette 9 Aug 1991 p. 4101) |
Reprint of the Bail Act 1982 as at 17 Oct 1991 (includes amendments listed
above) | |||
Acts Amendment (Sexual Offences) Act 1992 Pt. 3 |
14 of 1992 |
17 Jun 1992 |
1 Aug 1992 (see s. 2 and Gazette 28 Jul 1992 p. 3671) |
Acts Amendment (Ministry of Justice) Act 1993 Pt. 3 7 |
31 of 1993 |
15 Dec 1993 |
1 Jul 1993 (see s. 2) |
Criminal Procedure Amendment Act 1993 Pt. 2 8 |
45 of 1993 |
20 Dec 1993 |
Act other than s. 7-9 and 10(2)(b): 17 Jan 1994 (see s. 2(1)); |
Criminal Law Amendment Act 1994 s. 13(1) and (2) |
82 of 1994 |
23 Dec 1994 |
20 Jan 1995 (see s. 2(2)) |
Acts Amendment (Fines, Penalties and Infringement Notices) Act 1994 Pt. 3 |
92 of 1994 |
23 Dec 1994 |
1 Jan 1995 (see s. 2(1) and Gazette 30 Dec 1994 p. 7211) |
Sentencing (Consequential Provisions) Act 1995 Pt. 5 |
78 of 1995 |
16 Jan 1996 |
4 Nov 1996 (see s. 2 and Gazette 25 Oct 1996 p. 5632) |
2 of 1996 |
24 May 1996 |
7 Apr 1997 (see s. 2 and Gazette 18 Mar 1997 p. 1529) | |
69 of 1996 |
13 Nov 1996 |
13 Nov 1997 (see s. 2) | |
Reprint of the Bail Act 1982 as at 13 Mar 1997 (includes amendments listed
above except those in the Coroners Act 1996 and the
Mental Health (Consequential Provisions) Act 1996 ) (corrections in Gazette
25 Jul 1997 p. 3909 and 14 Nov 1997 p. 6426) | |||
Statutes (Repeals and Minor Amendments) Act 1997 s. 21 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997 (see s. 2(1)) |
Criminal Law Amendment Act (No. 1) 1998 s. 4(2) |
38 of 1998 |
25 Sep 1998 |
23 Oct 1998 |
Bail Amendment Act 1998 9 |
54 of 1998 |
11 Jan 1999 |
s. 1 and 2: 11 Jan 1999; |
| | |
Pt. 2, 3 and 5 (other than s. 12): 8 Mar 2000 (see s. 2 and Gazette 7 Mar 2000
p. 1039); |
Reprint of the Bail Act 1982 as at 27 Aug 1999 (includes amendments listed
above except those in the Bail Amendment Act 1998 Pt. 2, 3, 5 and 6) | |||
Court Security and Custodial Services (Consequential Provisions) Act 1999 Pt.
3 |
47 of 1999 |
8 Dec 1999 |
18 Dec 1999 (see s. 2 and Gazette 17 Dec 1999 p. 6175-6) |
Criminal Law Amendment Act 2001 s. 10(1) |
23 of 2001 |
26 Nov 2001 |
24 Dec 2001 |
Criminal Investigation (Identifying People) Act 2002 Sch. 2 cl. 1 |
6 of 2002 |
4 Jun 2002 |
20 Nov 2002 (see s. 2 and Gazette 19 Nov 2002 p. 5505) |
Criminal Law (Procedure) Amendment Act 2002 Pt. 4 Div. 1 |
27 of 2002 |
25 Sep 2002 |
27 Sep 2002 (see s. 2 and Gazette 27 Sep 2002 p. 4875) |
Sentencing Legislation Amendment and Repeal Act 2003 s. 29(3) and 37 |
50 of 2003 |
9 Jul 2003 |
s. 29(3): 31 Aug 2003 (see s. 2 and Gazette 29 Aug 2003 p. 3833); |
Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 s. 88 and 121
10 |
65 of 2003 |
4 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5722) |
Statutes (Repeals and Minor Amendments) Act 2003 s. 29 |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
Criminal Code Amendment Act 2004 s. 24, 26 and 58 |
4 of 2004 |
23 Apr 2004 |
21 May 2004 (see s. 2) |
Sentencing Legislation Amendment Act 2004 s. 13 |
27 of 2004 |
14 Oct 2004 |
31 May 2006 (see s. 2 and Gazette 30 May 2006 p. 1965) |
Children and Community Services Act 2004 Sch. 2 cl. 3 |
34 of 2004 |
20 Oct 2004 |
1 Mar 2006 (see s. 2 and Gazette 14 Feb 2006 p. 695) |
Acts Amendment (Family and Domestic Violence) Act 2004 Pt. 3 |
38 of 2004 |
9 Nov 2004 |
1 Dec 2004 (see s. 2 and Gazette 26 Nov 2004 p. 5309) |
Acts Amendment (Court of Appeal) Act 2004 s. 28 |
45 of 2004 |
9 Nov 2004 |
s. 28(1), (2) and (4) (other than the amendment to s. 7A(1)): 1 Feb 2005 (see.
s. 2 and Gazette 14 Jan 2005 p. 163); |
Courts Legislation Amendment and Repeal Act 2004 s. 141 11 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128) |
Misuse of Drugs Amendment Act 2004 s. 9(1) |
62 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette 10 Dec 2004 p. 5965) |
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004
Pt. 3 and s. 82 and 83 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
Reprint 5: The Bail Act 1982 as at 1 Apr 2005 (includes amendments listed
above except those in the Sentencing Legislation Amendment Act 2004 , the
Children and Community Services Act 2004 , the Acts Amendment (Court of
Appeal) Act 2004 s. 28(3) and (4) (the amendment to s. 7A(1)), the Courts
Legislation Amendment and Repeal Act 2004 and the Criminal Procedure and
Appeals (Consequential and Other Provisions) Act 2004 ) | |||
Planning and Development (Consequential and Transitional Provisions) Act 2005
s. 15 |
38 of 2005 |
12 Dec 2005 |
9 Apr 2006 (see s. 2 and Gazette 21 Mar 2006 p. 1078) |
Criminal Investigation (Consequential Provisions) Act 2006 Pt. 2 |
59 of 2006 |
16 Nov 2006 |
1 Jul 2007 (see s. 2 and Gazette 22 Jun 2007 p. 2838) |
Prisons and Sentencing Legislation Amendment Act 2006 Pt. 5 |
65 of 2006 |
8 Dec 2006 |
4 Apr 2007 (see s. 2 and Gazette 3 Apr 2007 p. 1491) |
Reprint 6: The Bail Act 1982 as at 14 Sep 2007 (includes amendments listed
above) | |||
Criminal Law and Evidence Amendment Act 2008 s. 56 |
2 of 2008 |
12 Mar 2008 |
27 Apr 2008 (see s. 2 and Gazette 24 Apr 2008 p. 1559) |
Bail Amendment Act 2008 Pt. 2 12 |
6 of 2008 |
31 Mar 2008 |
1 Mar 2009 (see s. 2(b) and Gazette 27 Feb 2009 p. 511) |
Medical Practitioners Act 2008 Sch. 3 cl. 4 |
22 of 2008 |
27 May 2008 |
1 Dec 2008 (see s. 2 and Gazette 25 Nov 2008 p. 4989) |
Criminal Law Amendment (Homicide) Act 2008 s. 24 |
29 of 2008 |
27 Jun 2008 |
1 Aug 2008 (see s. 2(d) and Gazette 22 Jul 2008 p. 3353) |
Reprint 7: The Bail Act 1982 as at 6 Mar 2009 (includes amendments listed
above) | |||
Police Amendment Act 2009 s. 12 |
42 of 2009 |
3 Dec 2009 |
13 Mar 2010 (see s. 2(b) and Gazette 12 Mar 2010 p. 941) |
Health Practitioner Regulation National Law (WA) Act 2010 Pt. 5 Div. 4 |
35 of 2010 |
30 Aug 2010 |
18 Oct 2010 (see s. 2(b) and Gazette 1 Oct 2010 p. 5075-6) |
46 of 2011 |
25 Oct 2011 |
1 Aug 2012 (see s. 2(c) and Gazette 31 Jul 2012 p. 3683) | |
Statutes (Repeals and Minor Amendments) Act 2011 s. 19 |
47 of 2011 |
25 Oct 2011 |
26 Oct 2011 (see s. 2(b)) |
Misuse of Drugs Amendment Act 2011 Pt. 3 |
56 of 2011 |
21 Nov 2011 |
24 Mar 2012 (see s. 2(b) and Gazette 23 Mar 2012 p. 1363) |
Reprint 8: The Bail Act 1982 as at 6 Jul 2012 (includes amendments listed
above except those in the Electronic Transactions Act 2011 ) | |||
49 of 2012 |
29 Nov 2012 |
2 Nov 2013 (see s. 2(b) and Gazette 1 Nov 2013 p. 4891) | |
Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 3 Div.
1 (s. 21- 31) |
20 of 2013 |
4 Nov 2013 |
Pt. 3 Div. 1 (other than s. 22, 23, 25 and 27- 30): 25 Nov 2013 (see s. 2(b)
and Gazette 22 Nov 2013 p. 5391); |
Reprint 9: The Bail Act 1982 as at 1 May 2015 (includes amendments listed
above) | |||
Mental Health Legislation Amendment Act 2014 Pt. 4 Div. 4 Subdiv. 2 |
25 of 2014 |
3 Nov 2014 |
30 Nov 2015 (see s. 2(b) and Gazette 13 Nov 2014 p. 4632) |
Restraining Orders and Related Legislation Amendment (Family Violence) Act
2016 Pt. 3 Div. 1 |
49 of 2016 |
29 Nov 2016 |
1 Jul 2017 (see s. 2(b) and Gazette 7 Feb 2017 p. 1157) |
Dangerous Sexual Offenders Legislation Amendment Act 2017 Pt. 2 |
21 of 2017 |
13 Dec 2017 |
29 Mar 2018 (see s. 2(b) and Gazette 16 Mar 2018 p. 916-17) |
Bail Amendment (Persons Linked to Terrorism) Act 2019 |
15 of 2019 |
5 Jul 2019 |
s. 1 and 2: 5 Jul 2019 (see s. 2(a)); |
Family Violence Legislation Reform (COVID-19 Response) Act 2020 Pt. 4 |
13 of 2020 |
6 Apr 2020 |
7 Apr 2020 (see s. 2(b)) |
29 of 2020 |
9 Jul 2020 |
26 Aug 2020 (see s. 2(1)(c) and SL 2020/131 cl. 2) | |
Family Violence Legislation Reform Act 2020 Pt. 5 |
30 of 2020 |
9 Jul 2020 |
s. 38, 42, 44, 45 and 49: 6 Aug 2020 (see s. 2(1)(c) and SL 2020/125 cl.
2(a)(iii)); |
COVID-19 Response and Economic Recovery Omnibus Act 2020 Pt. 6 Div. 1 |
34 of 2020 |
11 Sep 2020 |
12 Sep 2020 (see s. 2(b)) |
Bail Amendment Act 2022 |
29 of 2022 |
3 Sep 2022 |
s. 1 and 2: 3 Sep 2022 (see s. 2(a)); |
Criminal Appeals Amendment Act 2022 Pt. 3 Div. 1 |
18 of 2022 |
24 Jun 2022 |
1 Jan 2023 (see s. 2(b) and SL 2022/212 cl. 2) |
Western Australian Marine Amendment Act 2023 s. 28 |
31 of 2023 |
11 Dec 2023 |
21 Dec 2023 (see s. 2(c) and SL 2023/202 cl. 2(a)) |
Criminal Code Amendment Act 2024 s. 7 |
16 of 2024 |
14 May 2024 |
1 Jul 2024 (see s. 2(b) and SL 2024/125 cl. 2) |
To view the text of the uncommenced provisions see Acts as passed on the WA
Legislation website.
Short title |
Number and year |
Assent |
Commencement |
---|---|---|---|
Criminal Law (Mental Impairment) Act 2023 Pt. 15 Div. 1 |
10 of 2023 |
13 Apr 2023 |
1 Sep 2024 (see s. 2(b) and SL 2024/175 cl. 2) |
1M Under the Cross-border Justice Act 2008 section
14, in order to give effect to that Act, this Act must be applied with the
modifications prescribed by the
Cross-border Justice Regulations 2009 Part 3
Division 3 as if this Act had been altered in that way. If a modification is
to replace or insert a numbered provision, the new provision is identified by
the superscript 1M appearing after the provision number. If a modification is
to replace or insert a definition, the new definition is identified by the
superscript 1M appearing after the defined term.
2M The
COVID-19 Response and Economic Recovery Omnibus Act 2020 Part 4 Division 1
modifies section 43A of the Act. The modified section is identified by the
superscript 2M appearing after the section number. The modification ceases on
31 December 2021 unless postponed under section 37(3) and 52 of that Act.
1 Repealed by the Sentencing Legislation Amendment
and Repeal Act 2003 .
2 The short title of the Justices Act 1902 was
changed to the Criminal Procedure (Summary) Act 1902 by the Courts
Legislation Amendment and Repeal Act 2004 s. 23. The Act was then repealed by
the Criminal Procedure and Appeal (Consequential and Other Provisions) Act
2004 s. 4.
3 The amendment in the Sentencing Legislation
Amendment and Repeal Act 1999 s. 26 had not come into operation when it was
repealed by the Sentencing Legislation Amendment and Repeal Act 2003 s. 31.
4 The Machinery of Government (Miscellaneous
Amendments) Act 2006 Pt. 3 Div. 1 was repealed by the Statutes (Repeals and
Minor Amendments) Act 2011 s. 23(2) before it purported to come into
operation.
5 The Bail Amendment Act 1984 s. 10 and 11 were
repealed by the Bail Amendment Act 1988 s. 20.
6 The Bail Act 1982 was not in operation at the
time when the reprint was compiled, but the reprinting was authorised by the
Bail Amendment Act 1988 s. 21.
7 The Acts Amendment (Ministry of Justice) Act
1993 Pt. 19 is a transitional provision that is of no further effect.
8 The Criminal Procedure Amendment Act 1993 s. 13
is a transitional provision that is of no further effect.
9 The Bail Amendment Act 1998 s. 6(2) is a
transitional provision that is of no further effect.
10 The Acts Amendment and Repeal (Courts and
Legal Practice) Act 2003 s. 97 reads as follows:
97. References to
Crown Solicitor
If in a written law or other document or
instrument there is a reference to the Crown Solicitor that reference may,
where the context so requires, be read as if it had been amended to be a
reference to the State Solicitor.
11 The amendment in the Courts Legislation
Amendment and Repeal Act 2004 s. 141 (amending Sch. 1 Pt. A cl. 4) is not
included because the clause it sought to amend had been amended by the Acts
Amendment (Court of Appeal) Act 2004 s. 28(4) before the amendment purported
to come into operation.
12 The Bail Amendment Act 2008 s. 6(2), 9(4)-(11),
10(2), 11(3), 15(5)-(8), 16(2), 18(4)-(5), 21(3), 22(2), 23(4), 24(6)-(7),
27(2)-(3), 28(6), 30(4)-(5), 31(2)-(3), 32(3)-(4), 33(6), 40(2), 41(5)-(9),
42(3) and 44 are transitional provisions.
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
accountable authority
66D(1)
accused 3(1),
6(1), 6A(1)
adjournment 3
amendment
31A(1)
appeal 3(1)
appropriate
judicial officer 3(1)
approved
3(1)
approved electronic monitoring device
3
arrester 6(1)
as soon as is practicable
3(1)
audio link 66B(1)
authorised community services officer 3(1)
authorised officer 3(1)
authorised police officer
3(1)
bail decision
15A(1)
bail proceedings 66B(1)
bail undertaking
3(1)
CEO (corrections)
3(1)
Chief Judge 3(1)
Chief Justice
3(1)
child 3(1)
child victim
Sch. 1 cl. 1A
Commonwealth Criminal Code
3(1)
community corrections officer
3(1)
confirmed control order 3(1)
court
3(1)
court custody centre
3(1)
designated family relationship 3(1)
Director
of Public Prosecutions 3(1)
early release order
3(1)
family member
Sch. 1 cl. 1A
family relationship 3(1)
family
violence offence 3(1)
home detention condition
3(1)
interim control order
3(1)
intimate personal relationship 3(1A)
judge 7B(1), Sch. 1 cl. 1(1)
judge of appeal
3(1)
judicial officer
3(1)
lock-up 3(1)
medical practitioner
Sch. 1 cl. 2(7)
offence 3(1)
pending offence Sch. 1 cl. 1A
person linked to
terrorism 3(1)
proceedings for an offence
Sch. 1 cl. 7
proposed surety
43A(1)
prosecutor 3(1)
protected information
66D(1)
protective condition or order
Sch. 1 cl. 3B(6)
psychiatrist Sch. 1
cl. 2(7)
registrar 3(1)
released
6A(1)
relevant offence Sch. 1 cl. 1A
relevant officer 54(1a), 59A(1)
relevant official
43A(1)
relevant papers
27(2)
relevant person Sch. 1 cl. 3B(3)
reportable
information 66D(2)
responsible person
Sch. 1 cl. 2(1)
section 80 offence
Sch. 1 cl. 3D(1)
sensitive information
66D(1)
serial family violence offender 3(1)
serious offence 3(1)
sexual offence
3(1)
statute 66(3)
summary court
6A(1)
surety 3(1)
surety approval officer 3(1)
surety undertaking
3(1)
terrorism offence
3(1)
terrorist act 3(1)
terrorist intelligence
information 3(1)
trial
3(1), 7E(2), 31A(1), 44(2)
urban area 16A(4)
victim Sch. 1 cl. 3D(1)
video link
43A(1), 66B(1)
© State of Western Australia 2024
.
This work is licensed under a Creative Commons Attribution 4.0 International
Licence (CC BY 4.0). To view relevant information and for a link to a copy of
the licence, visit www.legislation.wa.gov.au .
Attribute work as: © State
of Western Australia 2024
.
By Authority: GEOFF O. LAWN, Government Printer