Western Australian Current Acts Western Australian Current Acts (1) It is a defence to
a charge of an offence under section 24 to prove that —
(a) at
the time the offence is alleged to have been committed, the person charged had
applied for an assessment notice and the application was pending; and
(b) the
application was not later withdrawn.
(2) Subsection (1)
does not apply to a person who, at the time the offence is alleged to have
been committed —
(a) has
been convicted of a Class 1 offence (other than a Class 1 offence committed by
the person when a child or in respect of which the person has been granted a
pardon); or
(b) has
a pending charge in respect of a Class 1 offence (other than a Class 1 offence
allegedly committed by the person when a child).
(3) It is a defence to
a charge of an offence under section 24 to prove that the person charged was
employed in child-related employment or carried on a child-related business,
as the case requires, on no more than 5 days during the calendar year in which
the offence is alleged to have occurred.
(4) Subsection (3)
does not apply to a person —
(a) who
—
(i)
has been convicted of a Class 1 offence (other than a
Class 1 offence committed by the person when a child); or
(ii)
has a pending charge in respect of a Class 1 offence
(other than a Class 1 offence allegedly committed by the person when a child);
or
(b) who
is carrying out child-related work in connection with a child care service; or
(c)
whose assessment notice has been cancelled under section 21A(1) or (2) or
21C(1).
(5) Subsection (3)
does not apply to a person who has had an assessment notice cancelled under
section 31(5) if the person —
(a) has
not been issued with a further assessment notice; or
(b) has
applied for a further assessment notice and the application was pending at the
time the offence under section 24 is alleged to have been committed.
(6) Subsection (3)
does not apply to a person —
(a) who
has applied for an assessment notice having been required to do so under
section 16(3), 17(3)(c) or 17B(2)(a); or
(b) who
has given the CEO a notice that is to be treated under section 32(1) as an
application by the person for an assessment notice; or
(c) has
been given a written notice by the CEO under section 13 that the CEO proposes
or is required to decide an application under section 12 by issuing a negative
notice,
if the person
withdraws the application for an assessment notice before the CEO decides the
application.
(7) Subsection (3)
does not apply to a person referred to in section 17(3)(d) or 17B(2)(b).
[Section 25 amended: No. 7 of 2010 s. 13; No. 47
of 2022 s. 22.]