Criminal Law (Unlawful Consorting and Prohibited Insignia) Act 2021 (WA)

Western Australia Criminal Law (Unlawful Consorting and Prohibited Insignia) Act 2021 Western Australia Criminal Law (Unlawful Consorting and Prohibited Insignia) Act 2021 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Family member 1 5. Act binds Crown 1 Part 2 — Consorting contrary to unlawful consorting notices Division 1 — Preliminary 6. Terms used 1 7. Child sex offence 1 8. Objects of Part 1 Division 2 — Unlawful consorting notices 9. Issue of unlawful consorting notice 1 10. Content of unlawful consorting notice 1 11. Service of unlawful consorting notice 1 12. Further service of unlawful consorting notice when served orally 1 13. Duration of unlawful consorting notice 1 14. Correcting mistakes in unlawful consorting notice 1 15. Revocation of unlawful consorting notice 1 16. Variation of unlawful consorting notice 1 17. Offence of consorting contrary to unlawful consorting notice 1 18. Defences to charge of consorting contrary to unlawful consorting notice 1 Division 3 — Police powers 19. Police powers relating to unlawful consorting notices 1 20. Offence of failure to comply with directions of police officer 1 Part 3 — Prohibited insignia and consorting contrary to dispersal notices Division 1 — Preliminary 21. Terms used 1 22. Insignia of identified organisation 1 23. Objects of Part 1 Division 2 — Prohibited insignia Subdivision 1 — Display of insignia of identified organisations in public places prohibited 24. Display of insignia of identified organisation in public place 1 25. Offence of displaying insignia of identified organisation in public place 1 25A. Liability of officers for offence by body corporate 1 26. Defences to charge of displaying insignia of identified organisation in public place 1 Subdivision 2 — Insignia removal notices 27. Issue of insignia removal notice 1 28. Content of insignia removal notice 1 29. Service of insignia removal notice 1 30. Duration of insignia removal notice 1 31. Correcting mistakes in insignia removal notice 1 32. Revocation of insignia removal notice 1 33. Offence of hindering removal or modification of prohibited things under insignia removal notice 1 Subdivision 3 — Police powers 34. Police powers relating to insignia removal notice 1 35. No compensation under this Part 1 Division 3 — Consorting contrary to dispersal notices Subdivision 1 — Dispersal notices 36. Issue of dispersal notice 1 37. Content of dispersal notice 1 38. Service of dispersal notice 1 39. Duration of dispersal notice 1 40. Correcting mistakes in dispersal notice 1 41. Revocation of dispersal notice 1 42. Offence of consorting contrary to dispersal notice 1 43. Defences to charge of consorting contrary to dispersal notice 1 Subdivision 2 — Police powers 44. Police powers relating to issue and service of dispersal notices 1 45. Police powers in relation to dispersal notices that have been served and issued 1 46. Offence of failure to comply with directions of police officer 1 Part 4 — Monitoring 47. Terms used 1 48. Parliamentary Commissioner to monitor exercise of powers 1 49. Powers for entry and inspection of records 1 50. Powers to obtain information relevant to inspections 1 51. Authorised recording, disclosure or use of information 1 52. Parliamentary Commissioner may recommend revocation or variation of unlawful consorting notices 1 53. Commissioner of Police to report on use of police powers to Parliamentary Commissioner 1 54. Parliamentary Commissioner to report on monitoring activities 1 55. Jurisdiction under Parliamentary Commissioner Act 1971 not limited 1 Part 5 — Miscellaneous 56. Proof of service 1 57. Protection from personal liability 1 58. Delegation by Commissioner of Police of revocation or variation functions 1 59. Delegation by Commissioner of Police of insignia removal function 1 60. Delegation by Parliamentary Commissioner 1 61. Regulations 1 62. Review of Act 1 Part 6 — Other Acts amended Division 1 — Community Protection (Offender Reporting) Act 2004 amended 63. Act amended 1 64. Schedule 2 amended 1 Division 2 — The Criminal Code amended 65. Act amended 1 66. Section 557J deleted 1 68. Schedule 1 clause 4 inserted 1 4. Transitional provisions for Criminal Law (Unlawful Consorting and Prohibited Insignia) Act 2021 1 Schedule 1 — Child sex offences Schedule 2 — Identified organisations Notes Compilation table 1 Uncommenced provisions table 1 Defined terms Western Australia Criminal Law (Unlawful Consorting and Prohibited Insignia) Act 2021 An Act to — * make consorting unlawful between certain offenders; and * provide for the identification of organisations for the purposes of this Act; and * prohibit the display in public places of insignia of identified organisations; and * provide for the issue of dispersal notices to members of identified organisations and make any consorting contrary to those notices unlawful; and * provide for police powers relating to unlawful consorting and insignia of identified organisations; and * make consequential and other amendments to the Community Protection (Offender Reporting) Act 2004 and The Criminal Code.