Western Australian Current Acts Western Australian Current Acts (1) In this section
—
approved form means a form approved by the CEO;
monitoring equipment has the meaning given in
section 118(1);
relevant instruction means an instruction given by
a CCO to a person who was subject to an order, direction or requirement, the
alleged breach of which constitutes the relevant offence in the proceedings;
relevant matter means —
(a) that
a person was subject to an order, direction or requirement, the alleged breach
of which constitutes the relevant offence in the proceedings; or
(b) that
a specified type of monitoring equipment was used to monitor a person; or
(c) that
specified monitoring equipment was installed —
(i)
at a specified place and on a specified date; and
(ii)
in accordance with the manufacturer’s
specifications;
or
(d) that
on a specified date specified monitoring equipment was turned on; or
(e) that
during a specified period specified monitoring equipment was working; or
(f) that
during a specified period a specified system for detecting monitoring
equipment was detecting specified monitoring equipment; or
(g) that
during a specified period a specified system for detecting monitoring
equipment was receiving location data from specified monitoring equipment; or
(h)
particulars of communications during a specified period between a specified
system for detecting monitoring equipment and specified monitoring equipment;
or
(i)
that on a specified date and at a specified time
specified monitoring equipment stopped working;
relevant offence means an offence under —
(a)
section 30(2) or (3), 57(3) or (4), 74G(2) or (3) or 118(6); or
(b) the
Bail Act 1982 section 50M(1) or (2) or 50V(1) or (2); or
(c) the
Sentencing Act 1995 section 33H(10A) or (10B), 33HA(5A) or (5B), 67A(6A) or
(6B), 75(10A) or (10B), 76A(3A) or (3B), 84C(10A) or (10B) or 84CA(4A) or
(4B).
(2) In proceedings for
a relevant offence —
(a) a
certificate in the approved form stating a relevant matter and purporting to
be signed by the CEO or a CCO is, without proof of any appointment or
signature, evidence of the matter stated in the certificate; and
(b) a
certificate in the approved form stating a document attached to the
certificate is a copy of a relevant instruction and purporting to be signed by
the CEO or a CCO is, without proof of any appointment or signature, evidence
of what is stated.
(3) The copy of the
relevant instruction is evidence of what is stated in the relevant
instruction.
[Section 118A inserted: No. 28 of 2024 s. 58.]