Western Australian Current Acts Western Australian Current Acts[s. 3, 22, 25 and 55]
[Heading amended: No. 19 of 2010 s. 4.]
Offences —
• for which a caution cannot be given, and
• which cannot be referred to a juvenile
justice team, and
• for which a conviction will normally be
recorded
|
Enactment |
Description of offence | ||
|---|---|---|---|
|
1. The Criminal Code | | ||
|
Perjury — if the offender commits the crime in order to procure the
conviction of another person for a crime punishable with imprisonment for life
| |||
|
Conspiracy to bring false accusation — if the offence is such that a
person convicted of it is liable to be sentenced to imprisonment for life | |||
|
Forcibly freeing certain offenders from custody | |||
|
Occupier or owner allowing certain persons to be on premises for unlawful
carnal knowledge — if the person is under the age of 13 years | |||
|
s. 288 |
Aiding suicide | ||
|
s. 290 |
Killing unborn child | ||
|
s. 293 |
Stupefying in order to commit indictable offence | ||
|
s. 295 |
Preventing escape from wreck | ||
|
s. 304(2) |
Acts or omissions, with intent to harm, causing bodily harm or danger | ||
|
s. 305 |
Setting dangerous things for people, if injury to a person is actually caused | ||
|
s. 317A(c) |
Assault with intent to resist or prevent arrest or detention | ||
|
s. 320(2) |
Sexually penetrating a child under 13 | ||
|
s. 320(3) |
Procuring etc. a child under 13 to engage in sexual behaviour | ||
|
s. 321(2) |
Sexually penetrating a child of or over 13 and under 16, where the child is
under the care, supervision, or authority of the offender | ||
|
s. 321(3) |
Procuring etc. a child of or over 13 and under 16 to engage in sexual
behaviour, where the child is under the care, supervision, or authority of the
offender | ||
|
s. 329(2) |
Sexually penetrating a child relative or a de facto child, where the child is
under 16 | ||
|
s. 329(3) |
Procuring etc. a child relative or a de facto child to engage in sexual
behaviour, where the child is under 16 | ||
|
s. 330(2) |
Sexually penetrating an incapable person, where the incapable person is under
the care, supervision, or authority of the offender | ||
|
s. 330(3) |
Procuring etc. an incapable person to engage in sexual behaviour, where the
incapable person is under the care, supervision, or authority of the offender | ||
|
s. 331B |
Sexual servitude | ||
|
s. 331C |
Conducting business involving sexual servitude | ||
|
s. 331D |
Deceptive recruiting for commercial sexual services | ||
|
s. 343 |
Child stealing | ||
|
s. 390B 5 |
Unauthorised use of aircraft — if the offender is liable to imprisonment
for 20 years | ||
|
s. 398 |
Attempts at extortion by threats — if the offender is liable to
imprisonment for 20 years | ||
|
s. 449 |
Casting away ships | ||
|
s. 451 |
Obstructing and injuring railways | ||
|
s. 451A |
Endangering the safe use of an aircraft | ||
|
s. 454 |
Causing explosion likely to do serious injury to property | ||
|
s. 511 |
Personation of owner of shares | ||
|
Having in possession drug with intent to sell or supply it to another | |||
|
Selling or supplying, or offering to sell or supply, drug to another | |||
|
Having in possession or cultivating prohibited plant with intent to sell or
supply it, or drug obtainable therefrom, to another | |||
|
Selling or supplying, or offering to sell or supply, prohibited plant to
another | |||
|
Attempting to commit an offence under section 6 or 7 referred to above | |||
|
Conspiring with another to commit an offence under section 6 or 7 referred to
above | |||
|
Inciting another to commit, or becoming an accessory after the fact to, an
offence under section 6 or 7 referred to above | |||
|
Driving without the appropriate driver’s licence | |||
|
Driving in reckless manner | |||
|
s. 60A |
Driving at reckless speed | ||
|
s. 61 |
Dangerous driving | ||
|
Careless driving | |||
|
s. 62A |
Causing excessive noise or smoke from vehicle’s tyres | ||
|
Driving under the influence of alcohol, drugs, or alcohol and drugs | |||
|
s. 64AB |
Driving while impaired by drugs | ||
|
s. 64AC |
Driving with prescribed illicit drug in oral fluid or blood | ||
|
Driving with 0.08g/100ml blood alcohol content | |||
|
s. 64AA |
Driving with 0.05g/100ml blood alcohol content | ||
|
s. 64A |
Driving with 0.02g/100ml blood alcohol content | ||
|
s. 64B |
Driving with blood alcohol content of or above 0.05g/100ml with prescribed
illicit drug in oral fluid or blood | ||
|
s. 64C |
Certain persons driving with any blood alcohol content with prescribed illicit
drug in oral fluid or blood | ||
|
Failure to comply with s. 66 requirement to provide sample, allow sample to be
taken or to accompany police officer | |||
|
s. 67AA |
Failing to undergo a driver assessment, allow taking of a blood sample or
provide a urine sample | ||
|
s. 67AB |
Failing to provide a sample of oral fluid or allow taking of a blood sample | ||
|
s. 67AC |
Failure to comply with drug test requirement for certain persons with any
blood alcohol content | ||
|
s. 67AD |
Failure to comply with drug test requirement for persons with blood alcohol
content of or above 0.05g/100ml | ||
|
s. 67A |
Failure to comply with other requirements made under s. 66 to 66E | ||
|
s. 75BD(1) |
Reckless navigation of vessel | ||
|
s. 75BE(1) |
Dangerous navigation of vessel | ||
|
s. 75BF |
Careless navigation of vessel | ||
|
s. 75C(1) |
Navigation or attempted operation of vessel while under influence of alcohol
or drugs | ||
|
s. 75CA(1) |
Navigation or attempted operation of vessel while under influence of alcohol
and drugs | ||
|
s. 75CD(1) |
Navigation or attempted operation of vessel while impaired by drug | ||
|
s. 75D(1) |
Navigation or attempted operation of vessel while BAC is 0.05 or above | ||
|
s. 75DA(1) |
Navigation or attempted operation of vessel while BAC is 0.08 or above | ||
|
s. 75DB(1) |
Navigation of vessel while prescribed illicit drug present in body | ||
|
s. 75DC(1) |
Navigation of vessel while BAC is 0.05 or above and prescribed illicit drug is
present in body | ||
|
s. 75DD(1) |
Navigation of vessel while BAC is 0.08 or above and prescribed illicit drug is
present in body | ||
|
s. 75H(1) |
Failure to comply with requirement relating to preliminary breath test,
preliminary oral fluid test or boarding or moving vessel | ||
|
s. 75HB(1) |
Failure to comply with requirement relating to breath analysis, blood sample
or stop vessel or navigate to specified place | ||
|
s. 75HC(1) |
Failure to comply with requirement relating to incident occasioning death,
grievous bodily harm or bodily harm | ||
|
s. 75HD(1) |
Failure to comply with requirement relating to oral fluid sample for drug
testing or blood sample for analysis | ||
|
s. 75HE(1) |
Failure to comply with requirements relating to assessment of drug impairment | ||
|
s. 75HG(1) |
Failure to comply with drug testing requirement when BAC of 0.05 or above | ||
|
s. 75HH(1) |
Failure to comply with drug testing requirement when BAC of 0.08 or above | ||
|
s. 75HI(1) |
Failure to comply with drug testing requirement when BAC of 0.15 or above | ||
[Schedule 1 amended: No. 82 of 1994 s. 13(6); No.
4 of 2004 s. 24 and 26; No. 58 of 2004 s. 44; No. 62 of 2004 s. 9(4); No. 6 of
2007 s. 23; No. 39 of 2007 s. 42; No. 29 of 2008 s. 41(4); No. 25 of 2016
s. 21(2); No. 51 of 2016 s. 56; No. 27 of 2020 s. 52; No. 31 of 2023
s. 39(2).]