Western Australian Current Acts

PROHIBITED BEHAVIOUR ORDERS ACT 2010 - SECT 8

8 .         Grounds for PBO

        (1)         In this section —

        conviction —

            (a)         includes a finding or admission of guilt despite the fact that a conviction is not recorded under the Young Offenders Act 1994 section 55; and

            (b)         does not include a conviction that has been set aside or quashed.

        (2)         Grounds for making a PBO exist if —

            (a)         the person —

                  (i)         committed and was convicted of a relevant offence; and

                  (ii)         during the period of 3 years after that conviction again committed, and was convicted of, a relevant offence;

                and

            (b)         unless constrained from certain otherwise lawful activities and behaviour, the person is likely to commit another relevant offence; and

            (c)         granting a PBO to impose the constraints is appropriate in the circumstances.

        (3)         For the purposes of subsection (2)(a)(i), it does not matter if the relevant offence was committed before, on or after the day on which this section came into operation.