{"id":"courts-and-tribunals-electronic-processes-facilitation-act-2013","name":"Courts and Tribunals (Electronic Processes Facilitation) Act 2013","slug":"courts-and-tribunals-electronic-processes-facilitation-act-2013","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30382,"registerId":"wa-courts-and-tribunals-electronic-processes-facilitation-act-2013-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Courts and Tribunals (Electronic Processes Facilitation) Act 2013","content":"![Crest]()Western Australia\n\nCourts and Tribunals (Electronic Processes Facilitation) Act 2013\n\nWestern Australia\n\nCourts and Tribunals (Electronic Processes Facilitation) Act 2013\n\nContents\n\nPart 1 — Preliminary\n\n1. Short title 2\n\n2. Commencement 2\n\n3. Crown bound 2\n\nPart 2 — Provisions facilitating electronic processes in court proceedings and certain other proceedings\n\n4. Purpose of this Part 3\n\n5. Terms used 3\n\n6. Application of this Part 3\n\n7. Where writing required or authorised 5\n\n8. Lodging documents 5\n\n9. Keeping records 6\n\n10. Signatures, seals and certificates 6\n\n11. Endorsing, recording or attaching information or documents 7\n\n12. Giving or obtaining information, documents and records 7\n\n13. Original documents 8\n\n14. Address for service 9\n\n15. Approving forms and other documents 9\n\n16. Prescribing forms and other documents 10\n\n17. Production of records kept electronically 10\n\n18. Status and effect of things done electronically or in electronic form 11\n\n19. Relationship with other laws relating to electronic processes 11\n\n20. Power to make regulations and rules of court extended 12\n\nPart 3 — Amendments to other Acts\n\nDivision 1 — *Bail Act 1982* amended\n\n21. Act amended 14\n\n22. Section 3 amended 14\n\n23. Section 3A deleted 14\n\n24. Section 4AB inserted 14\n\n4AB. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies 14\n\n25. Section 13B amended 14\n\n26. Section 27 amended 15\n\n27. Section 32 amended 15\n\n28. Section 37 amended 16\n\n29. Section 43A amended 16\n\n30. Section 45 amended 17\n\n31. Section 67 amended 17\n\nDivision 2 — *Children’s Court of Western Australia Act 1988* amended\n\n32. Act amended 18\n\n33. Section 5A inserted 18\n\n5A. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies 18\n\nDivision 3 — *Civil Judgments Enforcement Act 2004* amended\n\n34. Act amended 18\n\n35. Section 6A inserted 18\n\n6A. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies 18\n\nDivision 4 — *Criminal and Found Property Disposal Act 2006* amended\n\n36. Act amended 19\n\nDivision 5 — *Criminal Appeals Act 2004* amended\n\n40. Act amended 19\n\n41. Section 4A inserted 19\n\n4A. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies 19\n\nDivision 6 — *Criminal Injuries Compensation Act 2003* amended\n\n42. Act amended 19\n\n43. Section 8A inserted 20\n\n8A. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies 20\n\nDivision 7 — *Criminal Law (Mentally Impaired Accused) Act 1996* amended\n\n44. Act amended 20\n\n45. Section 5AA inserted 20\n\n5AA. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies 20\n\nDivision 8 — *Criminal Procedure Act 2004* amended\n\n46. Act amended 20\n\n47. Section 3 amended 21\n\n48. Section 4A inserted 21\n\n4A. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies 21\n\n49. Section 34 amended 21\n\n50. Section 45 amended 22\n\n51. Section 139 amended 22\n\n52. Section 172 amended 22\n\n53. Section 173 replaced 23\n\n173. Unauthorised documents 23\n\n54. Section 186 amended 23\n\nDivision 9 — *Dangerous Sexual Offenders Act 2006* amended\n\n55. Act amended 24\n\n56. Section 8A inserted 24\n\n8A. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies 24\n\nDivision 10 — *District Court of Western Australia Act 1969* amended\n\n57. Act amended 24\n\n58. Section 7A inserted 24\n\n7A. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies 24\n\nDivision 11 — *Evidence Act 1906* amended\n\n59. Act amended 25\n\n60. Section 5A inserted 25\n\n5A. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies 25\n\n61. Section 12 amended 25\n\n62. Section 51 amended 25\n\n63. Section 54 amended 25\n\n64. Section 55 amended 26\n\n65. Section 56 amended 26\n\n66. Section 67 amended 26\n\n67. Section 68 amended 27\n\n68. Section 73B amended 27\n\n69. Section 73BA inserted 27\n\n73BA. Authenticated copies of certain public documents etc. admissible without further proof 27\n\n70. Sections 82 to 88 deleted 28\n\n71. Section 109 amended 28\n\n72. Section 110 amended 28\n\n73. Section 133 inserted 29\n\n133. Regulations and rules of court for purposes of *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 29\n\nDivision 12 — *Fines, Penalties and Infringement Notices Enforcement Act 1994* amended\n\n74. Act amended 30\n\n75. Section 5A amended 30\n\n76. Section 5B inserted 31\n\n5B. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies 31\n\n77. Section 10B inserted 31\n\n10B. Registrar to keep record of outstanding fines and other amounts payable by young persons 31\n\n78. Section 27B amended 32\n\n79. Section 28 amended 33\n\n80. Part 4 Division 2 Subdivision 1 heading amended 33\n\n81. Section 32 replaced 33\n\n32. Offender must pay fine or get time to pay order 33\n\n82. Section 33 amended 35\n\n83. Section 34 amended 36\n\n84. Section 35 amended 37\n\n85. Section 35A amended 38\n\n86. Sections 36 and 37 replaced 38\n\n36. Registrar may cancel time to pay order 38\n\n37. Registrar’s decision is final 38\n\n38A. Transitional provisions for *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* 38\n\n87. Part 4 Division 2 Subdivision 2 heading amended 39\n\n88. Section 41 amended 39\n\n89. Section 48A replaced 39\n\n48A. Order to attend for work and development: cancellation 39\n\n90. Section 53A amended 40\n\n91. Section 55B amended 40\n\n92. Section 56B amended 41\n\n93. Section 56 amended 41\n\n94. Section 59A inserted 41\n\n59A. Automatic registration of amounts payable 41\n\nDivision 13 — *Magistrates Court Act 2004* amended\n\n96. Act amended 42\n\n97. Section 4A inserted 43\n\n4A. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies 43\n\nDivision 14 — *Prisoners (Interstate Transfer) Act 1983* amended\n\n98. Act amended 43\n\n99. Section 12 amended 43\n\n100. Section 14 amended 43\n\n101. Section 30 amended 43\n\nDivision 15 — *Prisons Act 1981* amended\n\n102. Act amended 44\n\n103. Section 85 amended 44\n\nDivision 16 — *Prohibited Behaviour Orders Act 2010* amended\n\n104. Act amended 44\n\n105. Section 5A inserted 44\n\n5A. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies 44\n\nDivision 17 — *Restraining Orders Act 1997* amended\n\n107. Act amended 44\n\n109. Section 8A inserted 45\n\n8A. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies 45\n\n113. Section 50D amended 45\n\n118. Section 61A amended 45\n\n120. Section 67 amended 46\n\nDivision 18 — *Sentencing Act 1995* amended\n\n122. Act amended 46\n\n123. Section 4A inserted 46\n\n4A. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies 46\n\n125. Section 33A amended 47\n\n126. Section 35 amended 47\n\n128. Section 80 amended 47\n\n129. Section 84F amended 48\n\n130. Section 84K amended 49\n\n131. Section 120A amended 49\n\nDivision 19 — *State Administrative Tribunal Act 2004* amended\n\n132. Act amended 49\n\n133. Section 7A inserted 50\n\n7A. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies 50\n\nDivision 20 — *Supreme Court Act 1935* amended\n\n134. Act amended 50\n\n135. Section 6A inserted 50\n\n6A. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies 50\n\nDivision 21 — *Young Offenders Act 1994* amended\n\n136. Act amended 50\n\n137. Section 6A inserted 51\n\n6A. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies 51\n\n140. Section 64 amended 51\n\n141. Section 65 amended 52\n\n142. Section 120 amended 52\n\nNotes\n\nCompilation table 54\n\nUncommenced provisions table 55\n\nOther notes 55\n\nDefined terms\n\n  \n\nCourts and Tribunals (Electronic Processes Facilitation) Act 2013\n\nAn Act —\n\n- to provide for the use of electronic technology in relation to court proceedings and certain other proceedings, and the record of court proceedings and certain other proceedings; and\n- to make consequential and certain other amendments to various Acts; and\n- to amend the *Fines, Penalties and Infringement Notices Enforcement Act 1994* so that the Fines Enforcement Registry is responsible for the management of the process for the enforcement of the payment of certain fines and other amounts as soon as the fines are imposed or the amounts are payable,\n\n\nand for related purposes.\n\nThe Parliament of Western Australia enacts as follows:\n\n## Part 1 — Preliminary\n\n##### 1. Short title\n\nThis is the *Courts and Tribunals (Electronic Processes Facilitation) Act 2013*.\n\n##### 2. Commencement\n\nThis Act comes into operation as follows —\n\n(a) Part 1 — on the day on which this Act receives the Royal Assent;\n\n(b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.\n\n##### 3. Crown bound\n\nThis Act binds the State and, so far as the legislative power of the State permits, the Crown in all its other capacities.\n\n## Part 2 — Provisions facilitating electronic processes in court proceedings and certain other proceedings\n\n##### 4. Purpose of this Part\n\nThe purpose of this Part is to provide for the use of electronic technology in relation to —\n\n(a) court proceedings and certain other proceedings; and\n\n(b) the record of court proceedings and certain other proceedings.\n\n##### 5. Terms used\n\nIn this Part —\n\nelectronic includes electrical, digital, magnetic, optical, electromagnetic, biometric and photonic;\n\ngive includes serve, deliver, send, transmit, provide, issue, notify, inform, advise, furnish, produce, make available or any other similar word or expression;\n\nlodge includes file and register;\n\nperson includes a court;\n\nseal includes stamp;\n\nwriting, without limiting the definition of that term in the *Interpretation Act 1984* section 5, includes any other similar word or expression (for example, paper or instrument).\n\n##### 6. Application of this Part\n\n(1) This Part applies to the following Acts —\n\n(aa) the *Administration Act 1903*;\n\n(a) the *Bail Act 1982*;\n\n(b) the *Children’s Court of Western Australia Act 1988*;\n\n(c) the *Civil Judgments Enforcement Act 2004*;\n\n(ca) the *Coroners Act 1996*;\n\n(d) the *Criminal Appeals Act 2004*;\n\n(e) the *Criminal Injuries Compensation Act 2003*;\n\n(ea) the *Criminal Investigation Act 2006*;\n\n(eb) the *Criminal Investigation (Extra‑territorial Offences) Act 1987*;\n\n(ec) the *Criminal Investigation (Identifying People) Act 2002*;\n\n(f) the *Criminal Law (Mental Impairment) Act 2023*;\n\n(g) the *Criminal Procedure Act 2004*;\n\n(h) the *High Risk Serious Offenders Act 2020*;\n\n(i) the *District Court of Western Australia Act 1969*;\n\n(j) the *Evidence Act 1906* (other than section 19B);\n\n(ja) the *Family Court Act 1997*;\n\n(k) the *Fines, Penalties and Infringement Notices Enforcement Act 1994*;\n\n(kaa) the *Industrial Relations Act 1979*;\n\n(ka) the *Juries Act 1957*;\n\n(l) the *Magistrates Court Act 2004*;\n\n(m) the *Prohibited Behaviour Orders Act 2010*;\n\n(n) the *Restraining Orders Act 1997*;\n\n(na) the *Sentence Administration Act 2003*;\n\n(o) the *Sentencing Act 1995*;\n\n(p) the *State Administrative Tribunal Act 2004*;\n\n(q) the *Supreme Court Act 1935*;\n\n(r) the *Young Offenders Act 1994*.\n\n(2) This Part also applies to other written laws in accordance with section 20(1) and (2).\n\n[Section 6 amended: No. 29 of 2020 s. 121; No. 34 of 2020 s. 55; No. 30 of 2021 s. 80; No. 10 of 2023 s. 409.]\n\n##### 7. Where writing required or authorised\n\n(1) If, under a provision of an Act to which this Part applies, a matter or thing is required to be in writing, that requirement is to be taken to be satisfied if the matter or thing is recorded electronically in accordance with any regulations or rules of court.\n\n(2) If, under a provision of an Act to which this Part applies, a matter or thing is permitted to be in writing, the matter or thing may be recorded electronically in accordance with any regulations or rules of court.\n\n##### 8. Lodging documents\n\n(1) If, under a provision of an Act to which this Part applies, a document lodged with a court or tribunal is required to be in writing, that requirement is to be taken to be satisfied if the document is lodged electronically in accordance with any regulations or rules of court.\n\n(2) If, under a provision of an Act to which this Part applies, a document lodged with a court or tribunal is permitted to be in writing, the document may be lodged electronically in accordance with any regulations or rules of court.\n\n(3) If, under a provision of an Act to which this Part applies, an original or certified document is required to be lodged with a court or tribunal, that requirement is to be taken to be satisfied if a copy of the document is lodged electronically in accordance with any regulations or rules of court.\n\n(4) If, under a provision of an Act to which this Part applies, an original or certified document is permitted to be lodged with a court or tribunal, a copy of the document may be lodged electronically in accordance with any regulations or rules of court.\n\n##### 9. Keeping records\n\n(1) If, under a provision of an Act to which this Part applies, a document or record is required to be kept or maintained in written form, or a record is required to be made in written form, that requirement is to be taken to be satisfied if the document or record is kept or maintained or, as the case requires, the record is made in electronic form in accordance with any regulations or rules of court.\n\n(2) If, under a provision of an Act to which this Part applies, a document or record is permitted to be kept or maintained in a written form, or a record is permitted to be made in written form, the document or record may be kept or maintained or, as the case requires, the record may be made in electronic form in accordance with any regulations or rules of court.\n\n##### 10. Signatures, seals and certificates\n\n(1) If, under a provision of an Act to which this Part applies, a document is required to be signed, certified or sealed by any person, that requirement is to be taken to be satisfied if the document is authenticated in accordance with any regulations or rules of court.\n\n(2) If, under a provision of an Act to which this Part applies, a document is permitted to be signed, certified or sealed by any person, the document may be authenticated in accordance with any regulations or rules of court.\n\n(3) Any provision of an Act to which this Part applies that provides that, or to the effect that, a document is evidence, or may be tendered in evidence, without proof of a signature, certificate or seal, or without calling the person who signed, certified or sealed the document, applies with all necessary changes to and in relation to a document that is authenticated in accordance with subsection (1) or (2) as if the reference to a signature, certificate or seal were a reference to authentication.\n\n(4) Any provision of an Act to which this Part applies that provides that, or to the effect that, the signature on any document is presumed to be the signature of the person who issued the document, or that judicial notice is to be taken of a person’s signature, applies with all necessary changes to and in relation to a document that is authenticated in accordance with subsection (1) or (2) as if the reference to a signature were a reference to authentication.\n\n##### 11. Endorsing, recording or attaching information or documents\n\n(1) If, under a provision of an Act to which this Part applies, any information, note, statement, certificate, acknowledgment or other document, record or matter is required to be endorsed or recorded on, or attached or annexed to, any document, and that document is in electronic form, that requirement is to be taken to be satisfied if the information, note, statement, certificate, acknowledgment or other document, record or matter is incorporated electronically in, or associated electronically with, the document in accordance with any regulations or rules of court.\n\n(2) If, under a provision of an Act to which this Part applies, any information, note, statement, certificate, acknowledgment or other document, record or matter is permitted to be endorsed or recorded on, or attached or annexed to, any document, and that document is in electronic form, the information, note, statement, certificate, acknowledgment or other document, record or matter may be incorporated electronically in, or associated electronically with, the document in accordance with any regulations or rules of court.\n\n##### 12. Giving or obtaining information, documents and records\n\n(1) If, under a provision of an Act to which this Part applies, any information, document or record, or a copy of any document or record, is required to be given to, or obtained by, any person in written form, that requirement is to be taken to be satisfied if the information, document, record or copy is given to or, as the case requires, obtained by the person in electronic form in accordance with any regulations or rules of court.\n\n(2) If, under a provision of an Act to which this Part applies, any information, document or record, or a copy of any document or record, is permitted to be given to, or obtained by, any person in written form, the information, document, record or copy may be given to or, as the case requires, obtained by the person in electronic form in accordance with any regulations or rules of court.\n\n(3) An example of the operation of subsection (1) is where a provision requires a copy of a document to be sent to a person, and rules of court provide for that person to be able to access the document on a computer system.\n\n(4) Subsection (1) does not apply in relation to a provision of an Act to which this Part applies to the extent that the provision requires any information, document or record, or a copy of any information, document or record, to be personally served on a person or personally given to a person.\n\n(5) Nothing in this section limits or affects the power of a court or tribunal to order or authorise any information, document or record, or a copy of any document or record, to be given to any person in any particular way.\n\n##### 13. Original documents\n\n(1) If, under a provision of an Act to which this Part applies, the original of a document is required to be given to any person, that requirement is to be taken to be satisfied if the document given to the person is a copy of the document produced from an electronic version of the document in accordance with any regulations or rules of court.\n\n(2) If, under a provision of an Act to which this Part applies, the original of a document is permitted to be given to any person, the document given to the person may be a copy of the document produced from an electronic version of the document in accordance with any regulations or rules of court.\n\n(3) An example of the operation of subsection (1) is where a provision requires a police officer to serve a summons on a person, and rules of court provide for an electronic copy of the summons to be sent to a police officer, and for that police officer to print out a copy of the summons and give it to the person required to be served.\n\n##### 14. Address for service\n\n(1) In this section —\n\naddress for service, in relation to a person, includes an address at which documents may be given to, or accepted on behalf of, the person.\n\n(2) If, under a provision of an Act to which this Part applies, a person is required to give an address for service, that requirement is to be taken to be satisfied if the person gives an electronic address (for example, an email address) in accordance with any regulations or rules of court.\n\n(3) If, under a provision of an Act to which this Part applies, a person is permitted to give an address for service, the person may give an electronic address (for example, an email address) in accordance with any regulations or rules of court.\n\n##### 15. Approving forms and other documents\n\nIf a provision of an Act to which this Part applies authorises or requires the approval of a form or other document —\n\n(a) that provision is to be taken to authorise both the approval of a printed form or document and the approval of a means of completing the form or document electronically in accordance with any regulations or rules of court; and\n\n(b) it is not necessary that the content and layout of the printed form or document and the means of completing the form or document electronically are identical, as long as the form or document, when completed by either means, is to the same effect.\n\n##### 16. Prescribing forms and other documents\n\nIf a provision of an Act to which this Part applies authorises or requires a form or other document to be prescribed —\n\n(a) that provision is to be taken to authorise both the prescribing of a printed form or document and the prescribing of a means of completing the form or document electronically; and\n\n(b) it is not necessary that the content and layout of the printed form or document and the means of completing the form or document electronically are identical, as long as the form or document, when completed by either means, is to the same effect.\n\n##### 17. Production of records kept electronically\n\n(1) This section applies if, under a provision of an Act to which this Part applies, a person who keeps a record of information in electronic form is required —\n\n(a) to produce the information or a document containing the information to a court, tribunal or person; or\n\n(b) to make a document containing the information available for inspection by a court, tribunal or person.\n\n(2) If this section applies then, unless the court, tribunal or person otherwise directs —\n\n(a) the requirement obliges the person to produce or make available for inspection, as the case may be, a document that reproduces the information in a form capable of being understood by the court, tribunal or person; and\n\n(b) the production to the court, tribunal or person of the document in that form complies with the requirement.\n\n##### 18. Status and effect of things done electronically or in electronic form\n\n(1) If, in reliance on a provision of this Part, something is done electronically when it would otherwise be required to have been done, or could have been done, using or with respect to a paper document, the doing of that thing electronically has the same effect as if that thing had been done using or with respect to a paper document.\n\n(2) If, in reliance on a provision of this Part, something takes an electronic form when it would otherwise be required to be, or could be, in the form of a paper document, that thing has the same effect as if it were a paper document.\n\n(3) Without limiting subsection (1) or (2) —\n\n(a) a document that is authenticated in accordance with section 10(1) or (2) has the same effect as a document that has been duly signed, certified or sealed; and\n\n(b) a copy of a document that is produced from an electronic version of the document in accordance with section 13(1) or (2) has the same effect as the original.\n\n##### 19. Relationship with other laws relating to electronic processes\n\n(1) This Part is in addition to, and not in substitution for —\n\n(a) the *Electronic Transactions Act 2011*; and\n\n(b) a provision of any other written law (including a provision of an Act to which this Part applies) that authorises or permits the use of electronic processes for the purposes of an Act to which this Part applies.\n\n(2) The fact that this Part does not apply to a particular Act does not imply that that Act does not authorise or permit the use of electronic processes for the purposes of that Act.\n\n(3) Nothing in this Part limits the operation of any of the following —\n\n(a) the *Freedom of Information Act 1992*;\n\n(b) the *Interpretation Act 1984* section 76;\n\n(c) the *State Records Act 2000*.\n\n##### 20. Power to make regulations and rules of court extended\n\n(1) If a provision of an Act to which this Part applies or any other written law empowers the making of any regulations or rules of court for the purposes of an Act to which this Part applies, that power is to be construed (with all necessary changes) as including a general power to make regulations or rules of court for the purposes of this Part.\n\n(2) If a provision of an Act to which this Part applies empowers the making of any regulations or rules of court for the purposes of another Act, and this Part does not apply to the other Act, that power is to be construed (with all necessary changes) as including a general power to make regulations or rules of court for the purposes of this Part as if this Part applied to the other Act.\n\n(3) Without limiting subsection (1) or (2) or any other written law, the power conferred by subsection (1) or (2) includes power to make regulations or rules of court in relation to the use of electronic technology in particular circumstances even though no regulations or rules of court are required with respect to the use of written information, documents or records in the same or similar circumstances.\n\n(4) Without limiting subsection (1) or (2) or any other written law, the power conferred by subsection (1) or (2) to provide that any information, document or record, or a copy of any document or record, is to be or can be given to a person in electronic form includes power to determine when information or a document, record or copy given to a person in that form is to be taken to be, or to be presumed to be, received by, or brought to the attention of, the person.\n\n## Part 3 — Amendments to other Acts\n\n### Division 1 — *Bail Act 1982* amended\n\n##### 21. Act amended\n\nThis Division amends the *Bail Act 1982*.\n\n##### 22. Section 3 amended\n\nIn section 3(1) delete the definitions of:\n\n***electronic address***\n\n***electronic communication***\n\n##### 23. Section 3A deleted\n\nDelete section 3A.\n\n##### 24. Section 4AB inserted\n\nBefore section 4A insert:\n\n4AB. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies\n\nThe *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies to this Act.\n\n##### 25. Section 13B amended\n\n(1) Delete section 13B(1)(b) and insert:\n\n(b) sent to the accused by post to the accused’s address appearing in the records of the court; or\n\n(c) in urgent cases or with the accused’s consent, provided to the accused by electronic means in accordance with the regulations.\n\n(2) In section 13B(2) delete “gives or sends” and insert:\n\ngives, sends or provides\n\n(3) In section 13B(3) delete “subsection (1)(b)(i),” and insert:\n\nsubsection (1)(b),\n\n##### 26. Section 27 amended\n\nIn section 27(1) and (2) delete “sent” and insert:\n\nmade available\n\nNote: The heading to amended section 27 is to read:\n\nRelevant papers to be made available to court where accused to appear\n\n##### 27. Section 32 amended\n\n(1) Delete section 32(1)(c) and insert:\n\n(c) in urgent cases or with the accused’s consent, shall be provided to the accused by electronic means in accordance with the regulations.\n\n(2) In section 32(2) delete “gives or sends” and insert:\n\ngives, sends or provides\n\n##### 28. Section 37 amended\n\nDelete section 37(3).\n\n##### 29. Section 43A amended\n\n(1) Delete section 43A(4) to (7) and insert:\n\n(4) The relevant official may provide the surety undertaking to the proposed surety for completion by providing it by electronic means in accordance with the regulations.\n\n(5) The proposed surety may enter into the surety undertaking by providing the completed surety undertaking to the relevant official by electronic means in accordance with the regulations.\n\n(6) If the surety undertaking is provided by electronic means under subsection (4) or (5), any requirement for the proposed surety or the relevant official to sign it is to be taken to have been complied with if the full name of the proposed surety or the relevant official, as the case requires, appears in the appropriate place in the undertaking.\n\n(7) The relevant official may comply with section 43(c) by providing a copy of the surety undertaking (as duly completed) to the surety by electronic means in accordance with the regulations.\n\n(2) Delete section 43A(10).\n\nNote: The heading to amended section 43A is to read:\n\nEntering into surety undertaking where proposed surety interstate\n\n##### 30. Section 45 amended\n\nDelete section 45(1)(c) and insert:\n\n(c) by a person authorised under subsection (5) —\n\n(i) sending or causing to be sent the approved form to the surety by post to the surety’s address appearing in the records of the court; or\n\n(ii) in urgent cases or with the surety’s consent, providing or causing to be provided the approved form to the surety by electronic means in accordance with the regulations.\n\n##### 31. Section 67 amended\n\nAfter section 67(2)(a) insert:\n\n(ba) in any case where the regulations provide that any information, document or record, or a copy of any document or record, is to be or can be provided to a person in electronic form, determine when information or a document, record or copy provided to a person in that form is to be taken to be, or to be presumed to be, received by, or brought to the attention of, the person;\n\n### Division 2 — *Children’s Court of Western Australia Act 1988* amended\n\n##### 32. Act amended\n\nThis Division amends the *Children’s Court of Western Australia Act 1988*.\n\n##### 33. Section 5A inserted\n\nAt the end of Part 1 insert:\n\n5A. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies\n\nThe *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies to this Act.\n\n### Division 3 — *Civil Judgments Enforcement Act 2004* amended\n\n##### 34. Act amended\n\nThis Division amends the *Civil Judgments Enforcement Act 2004*.\n\n##### 35. Section 6A inserted\n\nAfter section 5 insert:\n\n6A. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies\n\nThe *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies to this Act.\n\n### Division 4 — *Criminal and Found Property Disposal Act 2006* amended\n\n##### 36. Act amended\n\nThis Division amends the *Criminal and Found Property Disposal Act 2006*.\n\n[**37‑39.** Have not come into operation.]\n\n### Division 5 — *Criminal Appeals Act 2004* amended\n\n##### 40. Act amended\n\nThis Division amends the *Criminal Appeals Act 2004*.\n\n##### 41. Section 4A inserted\n\nAfter section 3 insert:\n\n4A. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies\n\nThe *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies to this Act.\n\n### Division 6 — *Criminal Injuries Compensation Act 2003* amended\n\n##### 42. Act amended\n\nThis Division amends the *Criminal Injuries Compensation Act 2003*.\n\n##### 43. Section 8A inserted\n\nAt the end of Part 1 insert:\n\n8A. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies\n\nThe *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies to this Act.\n\n### Division 7 — *Criminal Law (Mentally Impaired Accused) Act 1996* amended\n\n##### 44. Act amended\n\nThis Division amends the *Criminal Law (Mentally Impaired Accused) Act 1996*.\n\n##### 45. Section 5AA inserted\n\nAfter section 4 insert:\n\n5AA. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies\n\nThe *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies to this Act.\n\n### Division 8 — *Criminal Procedure Act 2004* amended\n\n##### 46. Act amended\n\nThis Division amends the *Criminal Procedure Act 2004*.\n\n##### 47. Section 3 amended\n\n(1) In section 3(1) insert in alphabetical order:\n\nauthenticate means authenticate in accordance with the *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* section 10;\n\n(2) In section 3(1) in the definition of ***charge*** delete “a written” and insert:\n\nan\n\n##### 48. Section 4A inserted\n\nAt the end of Part 1 insert:\n\n4A. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies\n\nThe *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies to this Act.\n\n##### 49. Section 34 amended\n\nDelete section 34(2) and insert:\n\n(2) An amendment made under subsection (1) must be endorsed on the summons or notice.\n\n##### 50. Section 45 amended\n\nIn section 45(6) after “signs” insert:\n\nor authenticates\n\n##### 51. Section 139 amended\n\nDelete section 139(2)(c) and insert:\n\n(c) if the accused is in custody, by issuing an order under the *Prisons Act 1981* section 85.\n\n##### 52. Section 172 amended\n\nDelete section 172(3)(b) and insert:\n\n(b) on any party’s behalf in any court —\n\n(i) by a legal practitioner; or\n\n(ii) with the court’s leave, by a person who is undertaking approved practical legal training requirements (as defined in the *Legal Profession Act 2008* section 21(1)); or\n\n(iii) with the court’s leave, by a person who is neither a legal practitioner nor a person referred to in subparagraph (ii).\n\n##### 53. Section 173 replaced\n\nDelete section 173 and insert:\n\n173. Unauthorised documents\n\nA person must not —\n\n(a) sign or authenticate a prosecution notice, indictment, summons, court hearing notice or witness summons, knowing that he or she is not authorised to do so; or\n\n(b) lodge a prosecution notice or an indictment knowing —\n\n(i) that it has been signed by a person who is not authorised to sign it; or\n\n(ii) that it has been authenticated by a person who is not authorised to authenticate it.\n\nPenalty: imprisonment for 12 months or a fine of $12 000.\n\n##### 54. Section 186 amended\n\nIn section 186(2):\n\n(a) in paragraph (c) delete “conducted.” and insert:\n\nconducted;\n\n(b) after paragraph (c) insert:\n\n(d) prescribe requirements relating to the lodging of documents with a court under this Act or another written law.\n\n### Division 9 — *Dangerous Sexual Offenders Act 2006* amended\n\n##### 55. Act amended\n\nThis Division amends the *Dangerous Sexual Offenders Act 2006*.\n\n##### 56. Section 8A inserted\n\nAt the end of Part 1 insert:\n\n8A. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies\n\nThe *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies to this Act.\n\n### Division 10 — *District Court of Western Australia Act 1969* amended\n\n##### 57. Act amended\n\nThis Division amends the *District Court of Western Australia Act 1969*.\n\n##### 58. Section 7A inserted\n\nAt the end of Part I insert:\n\n7A. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies\n\nThe *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies to this Act.\n\n### Division 11 — *Evidence Act 1906* amended\n\n##### 59. Act amended\n\nThis Division amends the *Evidence Act 1906*.\n\n##### 60. Section 5A inserted\n\nAfter section 4 insert:\n\n5A. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies\n\nThe *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies to this Act (other than section 19B).\n\n##### 61. Section 12 amended\n\nIn section 12(4) delete “in writing under his hand”.\n\n##### 62. Section 51 amended\n\nIn section 51 delete “under his hand” and insert:\n\nsigned by him or her\n\n##### 63. Section 54 amended\n\nIn section 54:\n\n(a) after “impression” insert:\n\nor image\n\n(b) after “impressed” insert:\n\nor applied\n\n##### 64. Section 55 amended\n\nIn section 55:\n\n(a) after “impression” insert:\n\nor image\n\n(b) after “impressed” insert:\n\nor applied\n\n##### 65. Section 56 amended\n\nIn section 56 delete “seal purports to be attached or appended” and insert:\n\nseal, or an image of the signature or seal, purports to be attached, appended or applied\n\n##### 66. Section 67 amended\n\n(1) At the beginning of section 67 insert:\n\n(1) In this section, a reference to a seal, stamp or signature includes an image of a seal, stamp or signature.\n\n(2) In section 67 delete “Whenever” and insert:\n\n(2) Whenever\n\n##### 67. Section 68 amended\n\nIn section 68(1) delete “under the hand of” and insert:\n\nand signed by\n\n##### 68. Section 73B amended\n\nIn section 73B(3) delete “by prepaid post”.\n\n##### 69. Section 73BA inserted\n\nAfter section 73B insert:\n\n73BA. Authenticated copies of certain public documents etc. admissible without further proof\n\n(1) In this section —\n\nauthenticated copy, in relation to a document or official record to which this section applies, means a copy of the document or official record that is authenticated in accordance with any regulations or rules of court as being produced from an electronic version of the document or official record.\n\n(2) This section applies to —\n\n(a) a document that is at any time filed in a court and is recorded in electronic form; and\n\n(b) the official record of any proceedings in a court, if the official record is kept in electronic form.\n\n(3) An authenticated copy of a document or official record to which this section applies is admissible in evidence without further proof as if it were the document or official record of which it is an authenticated copy.\n\n(4) If the registrar, clerk or proper officer of a court is served with legal process to produce, in a court or before a person acting judicially, a document or official record to which this section applies, it is sufficient answer to that process if the person to whom it is addressed provides or makes available to the registrar, clerk or proper officer of the court in which the document or official record is to be produced or the person before whom the document or official record is to be produced an authenticated copy of the document or official record.\n\n##### 70. Sections 82 to 88 deleted\n\n(1) Delete the heading before section 82.\n\n(2) Delete sections 82 to 88.\n\n##### 71. Section 109 amended\n\nIn section 109(1) in the definition of ***examination*** delete “letter of”.\n\n##### 72. Section 110 amended\n\nIn section 110(1)(c) delete “letter of”.\n\n##### 73. Section 133 inserted\n\nAfter section 132 insert:\n\n*Regulations and rules of court for purposes of Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2*\n\n133. Regulations and rules of court for purposes of *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2\n\n(1) The Governor may make regulations prescribing all matters that are necessary or convenient to be prescribed for giving effect to the purposes of the *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 as applied by section 5A.\n\n(2) The power of an authority to make rules of court extends to making rules of court prescribing all matters that are necessary or convenient to be prescribed for giving effect to the purposes of the *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 as applied by section 5A.\n\n(3) The *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* section 20(3) and (4) apply as if the power conferred by subsections (1) and (2) of this section were a power conferred by section 20(1) or (2) of that Act.\n\n(4) This section does not limit or affect any other power in this Act or any other written law to make regulations or rules of court.\n\n### Division 12 — *Fines, Penalties and Infringement Notices Enforcement Act 1994* amended\n\n##### 74. Act amended\n\nThis Division amends the *Fines, Penalties and Infringement Notices Enforcement Act 1994*.\n\n##### 75. Section 5A amended\n\n(1) Delete section 5A(1) and insert:\n\n(1) If under this Act information or a document or notice must or may be given to or served on a person, it may, with the consent of that person or in other circumstances specified in the regulations, be given or served by electronic means in accordance with the regulations.\n\n(2) In section 5A(2):\n\n(a) delete paragraph (a) and insert:\n\n(a) any document that under this Act must be served personally, other than any of the following —\n\n(i) an order to attend for work and development under section 47 or 47A;\n\n(ii) a work and development order;\n\n(b) delete paragraphs (b), (c) and (e).\n\n##### 76. Section 5B inserted\n\nAt the end of Part 1 insert:\n\n5B. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies\n\n(1) The *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies to this Act.\n\n(2) Subsection (1) is subject to section 5A(2).\n\n##### 77. Section 10B inserted\n\nAt the end of Part 2 insert:\n\n10B. Registrar to keep record of outstanding fines and other amounts payable by young persons\n\n(1) In this section —\n\nrelevant amount means —\n\n(a) a fine to which the *Young Offenders Act 1994* section 65(1)(a) applies; or\n\n(b) a bail undertaking to which the *Young Offenders Act 1994* section 65(1)(b) applies; or\n\n(c) a recognisance to which the *Young Offenders Act 1994* section 65(1)(c) applies;\n\nyoung person has the meaning given in the *Young Offenders Act 1994* section 3.\n\n(2) The Registrar must maintain a record of all relevant amounts to which this section applies, including details of —\n\n(a) the young person by whom the relevant amount is payable; and\n\n(b) the time specified by the court within which the relevant amount is to be paid; and\n\n(c) any order of the court that the relevant amount is to be paid in instalments; and\n\n(d) the payment of the relevant amount or of any instalment of the relevant amount; and\n\n(e) when the young person by whom the relevant amount is payable has defaulted in the payment of the relevant amount or of any instalment of the relevant amount.\n\n(3) As soon as practicable after the record maintained by the Registrar under subsection (2) indicates that, in relation to a relevant amount, a young person has defaulted in the payment of the relevant amount or of any instalment of the relevant amount, the Registrar must notify the default to —\n\n(a) in the case of a fine, the court that imposed the fine; or\n\n(b) in the case of a bail undertaking or a recognisance, the court that ordered the bail undertaking or recognisance to be forfeited.\n\n##### 78. Section 27B amended\n\nIn section 27B delete “sections 34 and 35 (other than sections 34(2) and 35(2)),” and insert:\n\nsections 34 and 35,\n\n##### 79. Section 28 amended\n\nIn section 28(1) delete the definition of ***time to pay order*** and insert:\n\ntime to pay order, except in sections 55A and 55B —\n\n(a) means an order made under section 33(4); and\n\n(b) includes an amended time to pay order;\n\n##### 80. Part 4 Division 2 Subdivision 1 heading amended\n\nIn the heading to Part 4 Division 2 Subdivision 1 delete “**court officers**” and insert:\n\n\t\t**Registrar**\n\n##### 81. Section 32 replaced\n\nDelete section 32 and insert:\n\n32. Offender must pay fine or get time to pay order\n\n(1) When a fine is imposed, an offender must either —\n\n(a) pay the fine; or\n\n(b) apply for a time to pay order in respect of the fine.\n\n(2) When a fine is imposed —\n\n(a) the fine is to be taken to be registered; but\n\n(b) the Registrar must not take any action under section 42 or 47A in relation to the fine unless —\n\n(i) a period of 28 days after the day on which the fine was imposed has elapsed; and\n\n(ii) the offender has not, within that period, either paid the fine or applied for a time to pay order in respect of the fine, or the offender’s application for a time to pay order in respect of the fine has been refused.\n\n(3) Subsection (2)(b) does not apply if, at the time the fine is first taken to be registered —\n\n(a) another fine imposed on the offender, or any other amount payable by the offender, is already registered under this Part, and the fine or amount has not been paid and no time to pay order has been obtained in respect of the fine or amount; or\n\n(b) one of the methods of enforcement available under Division 3 (which includes an order to attend for work and development and a WDO) is already being invoked in respect of a fine imposed on, or an amount payable by, the offender; or\n\n(c) the Registrar is already taking action under section 55D(1) in respect of a fine imposed on, or an amount payable by, the offender.\n\n(4) This section is subject to —\n\n(a) the *Sentencing Act 1995* sections 57A, 58 and 59; and\n\n(b) section 53(2).\n\n(5) If a fine has been imposed before the date on which the *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* section 81 comes into operation (the commencement date) —\n\n(a) this section applies to and in relation to the fine only if the fine has not been paid before the commencement date; and\n\n(b) subsection (2) does not apply to or in relation to the fine if —\n\n(i) the fine has been registered before the commencement date; and\n\n(ii) that registration has not been cancelled before the commencement date;\n\nand\n\n(c) if a time to pay order is in force in respect of the fine immediately before the commencement date, that time to pay order continues in force under and subject to this Division.\n\n##### 82. Section 33 amended\n\n(1) In section 33(1) delete “a court officer” and insert:\n\nthe Registrar\n\n(2) Delete section 33(2) and insert:\n\n(2) An application for a time to pay order in respect of a fine cannot be made later than the 28th day after the day on which the fine was imposed.\n\n(3) In section 33(3) delete “court officer” and insert:\n\nRegistrar\n\n(4) In section 33(4) delete “court officer,” and insert:\n\nRegistrar,\n\n(5) In section 33(5) delete “A court officer” and insert:\n\nThe Registrar\n\n(6) In section 33(8) delete “a court officer” and insert:\n\nthe Registrar\n\n##### 83. Section 34 amended\n\n(1) In section 34(1) delete “court officer” and insert:\n\nRegistrar\n\n(2) Delete section 34(2).\n\n(3) In section 34(3) delete “court officer” and insert:\n\nRegistrar\n\n(4) In section 34(4) delete “court officer,” and insert:\n\nRegistrar,\n\n(5) In section 34(6) delete “a court officer” and insert:\n\nthe Registrar\n\n##### 84. Section 35 amended\n\n(1) In section 35(1) delete “A court officer” and insert:\n\nThe Registrar\n\n(2) In section 35(2) delete “registered or”.\n\n(3) In section 35(4) delete “court officer,” and insert:\n\nRegistrar,\n\n(4) In section 35(6):\n\n(a) delete “A court officer” and insert:\n\nThe Registrar\n\n(b) delete “court officer” (last occurrence) and insert:\n\nRegistrar\n\nNote: The heading to amended section 35 is to read:\n\nRegistrar may amend time to pay order\n\n##### 85. Section 35A amended\n\nIn section 35A delete “a court officer” and insert:\n\nthe Registrar\n\n##### 86. Sections 36 and 37 replaced\n\nDelete sections 36 and 37 and insert:\n\n36. Registrar may cancel time to pay order\n\n(1) The Registrar, without notice to the offender, may cancel a time to pay order if the offender —\n\n(a) contravenes the order; or\n\n(b) contravenes a request made under section 35(1).\n\n(2) If the Registrar cancels a time to pay order, the Registrar may take any action in relation to the fine that the Registrar is authorised to take under section 42 or 47A or 55D.\n\n37. Registrar’s decision is final\n\nThe decision of the Registrar under this Subdivision is final.\n\n38A. Transitional provisions for *Courts and Tribunals (Electronic Processes Facilitation) Act 2013*\n\nAn application under this Subdivision to a court officer that has been made but not decided before the *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* section 86 comes into operation is to be taken to have been made to the Registrar, and is to be dealt with accordingly.\n\n##### 87. Part 4 Division 2 Subdivision 2 heading amended\n\nIn the heading to Part 4 Division 2 Subdivision 2 delete “**court officers cannot make time to pay orders**” and insert:\n\n\t\t**time to pay orders cannot be made**\n\n##### 88. Section 41 amended\n\nDelete section 41(2) and (6).\n\n##### 89. Section 48A replaced\n\nDelete section 48A and insert:\n\n48A. Order to attend for work and development: cancellation\n\n(1) This section applies if —\n\n(a) an order to attend for work and development is issued under section 47 or 47A; and\n\n(b) it is not reasonably practicable to serve the order on the offender —\n\n(i) personally; or\n\n(ii) by electronic means under section 5A(1).\n\n(2) If this section applies, the Registrar may cancel the order to attend for work and development and make or again make a licence suspension order in respect of the offender.\n\n(3) For the purposes of subsection (2), section 43(2) to (9) (but not section 43(4)), with any necessary changes, apply.\n\n(4) A licence suspension order —\n\n(a) may be made even if section 42 has not been complied with; but\n\n(b) cannot be made if a time to pay order under section 33 is in force in respect of the person and the amount owed.\n\n##### 90. Section 53A amended\n\nDelete section 53A(2) and insert:\n\n(2) For the purposes of subsection (1), section 43(2) to (9) (but not section 43(4)), with any necessary changes, apply.\n\n(3) A licence suspension order —\n\n(a) may be made even if section 42 has not been complied with; but\n\n(b) cannot be made if a time to pay order under section 33 is in force in respect of the person and the amount owed.\n\n##### 91. Section 55B amended\n\nIn section 55B delete “sections 34 and 35 (other than sections 34(2) and 35(2)),” and insert:\n\nsections 34 and 35,\n\n##### 92. Section 56B amended\n\nIn section 56B(d) delete “section 55A” and insert:\n\nsection 33 or 55A\n\n##### 93. Section 56 amended\n\nBefore section 56(c) insert:\n\n(ca) any amount of a recognisance entered into by an offender under the *Young Offenders Act 1994* section 69, in any case where any amount of the recognisance is ordered to be forfeited and —\n\n(i) section 64 of that Act applies to the payment and enforcement of the amount concerned; or\n\n(ii) under section 65(3)(a) of that Act, the court must register the amount forfeited under this Act;\n\nor\n\n##### 94. Section 59A inserted\n\nAt the end of Part 5 insert:\n\n59A. Automatic registration of amounts payable\n\n(1) Subsection (2) applies to the following orders —\n\n(a) an order to which section 56(a) applies, other than an order to which the *Young Offenders Act 1994* section 65(1)(b) applies;\n\n(b) an order to which section 56(ca)(i) or (c), 57 or 58 applies.\n\n(2) When an order to which this subsection applies is made, the amount that is ordered to be forfeited under the order is to be taken to be registered under Part 4 as if the amount were a fine.\n\n(3) If, under the *Young Offenders Act 1994* section 65(3)(a), the court must register the amount of a forfeited bail undertaking or forfeited recognisance under this Act, the amount that is forfeited is to be taken to be registered under Part 4 as if the amount were a fine.\n\n(4) This section does not limit the operation of Part 4 as applied by section 56, 57 or 58.\n\n(5) This section does not apply to or in relation to an order to which section 56, 57 or 58 applies if the order was made before the *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* section 94 came into operation.\n\n[**95.** Deleted: No. 25 of 2020 s. 107.]\n\n### Division 13 — *Magistrates Court Act 2004* amended\n\n##### 96. Act amended\n\nThis Division amends the *Magistrates Court Act 2004*.\n\n##### 97. Section 4A inserted\n\nAt the end of Part 1 insert:\n\n4A. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies\n\nThe *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies to this Act.\n\n### Division 14 — *Prisoners (Interstate Transfer) Act 1983* amended\n\n##### 98. Act amended\n\nThis Division amends the *Prisoners (Interstate Transfer) Act 1983*.\n\n##### 99. Section 12 amended\n\nIn section 12(1) delete “in writing”.\n\n##### 100. Section 14 amended\n\nIn section 14(2) delete “order in writing,” and insert:\n\norder,\n\n##### 101. Section 30 amended\n\nIn section 30(2) delete “warrant under his hand —” and insert:\n\nwarrant —\n\n### Division 15 — *Prisons Act 1981* amended\n\n##### 102. Act amended\n\nThis Division amends the *Prisons Act 1981*.\n\n##### 103. Section 85 amended\n\nIn section 85(1) delete “written”.\n\n### Division 16 — *Prohibited Behaviour Orders Act 2010* amended\n\n##### 104. Act amended\n\nThis Division amends the *Prohibited Behaviour Orders Act 2010*.\n\n##### 105. Section 5A inserted\n\nAt the end of Part 1 insert:\n\n5A. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies\n\nThe *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies to this Act.\n\n[**106.** Has not come into operation.]\n\n### Division 17 — *Restraining Orders Act 1997* amended\n\n##### 107. Act amended\n\nThis Division amends the *Restraining Orders Act 1997*.\n\n[**108.** Has not come into operation.]\n\n##### 109. Section 8A inserted\n\nAt the end of Part 1 insert:\n\n8A. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies\n\nThe *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies to this Act.\n\n[**110‑112.** Have not come into operation.]\n\n##### 113. Section 50D amended\n\nIn section 50D(2)(a) delete “care and protection within the meaning of the *Child Welfare Act 1947*; or” and insert:\n\nprotection as defined in the *Children and Community Services Act 2004* section 3; or\n\n[**114‑117.** Have not come into operation.]\n\n##### 118. Section 61A amended\n\nAfter section 61A(7) insert:\n\n(8) In subsection (7) —\n\nwritten reasons includes reasons that are —\n\n(a) given orally and subsequently transcribed; or\n\n(b) given orally but also recorded electronically in a format that enables them to be subsequently transcribed.\n\n[**119.** Has not come into operation.]\n\n##### 120. Section 67 amended\n\n(1) In section 67(2) delete “is to make a written record of the” and insert:\n\nmust give written\n\n(2) After section 67(2) insert:\n\n(3A) In subsection (2) —\n\nwritten reasons includes reasons that are —\n\n(a) given orally and subsequently transcribed; or\n\n(b) given orally but also recorded electronically in a format that enables them to be subsequently transcribed.\n\n[**121.** Has not come into operation.]\n\n### Division 18 — *Sentencing Act 1995* amended\n\n##### 122. Act amended\n\nThis Division amends the *Sentencing Act 1995*.\n\n##### 123. Section 4A inserted\n\nAfter section 3 insert:\n\n4A. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies\n\nThe *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies to this Act.\n\n[**124.** Has not come into operation.]\n\n##### 125. Section 33A amended\n\nDelete section 33A(7) and insert:\n\n(7) In subsection (6) —\n\nwritten reasons includes reasons that are —\n\n(a) given orally and subsequently transcribed; or\n\n(b) given orally but also recorded electronically in a format that enables them to be subsequently transcribed.\n\n##### 126. Section 35 amended\n\n(1) Delete section 35(2).\n\n(2) Delete section 35(4) and insert:\n\n(4) In subsection (1) —\n\nwritten reasons includes reasons that are —\n\n(a) given orally and subsequently transcribed; or\n\n(b) given orally but also recorded electronically in a format that enables them to be subsequently transcribed.\n\n[**127.** Has not come into operation.]\n\n##### 128. Section 80 amended\n\n(1) In section 80(4) delete “state its” and insert:\n\ngive written\n\n(2) After section 80(4) insert:\n\n(5A) In subsection (4) —\n\nwritten reasons includes reasons that are —\n\n(a) given orally and subsequently transcribed; or\n\n(b) given orally but also recorded electronically in a format that enables them to be subsequently transcribed.\n\n##### 129. Section 84F amended\n\n(1) In section 84F(4) delete “state its” and insert:\n\ngive written\n\n(2) After section 84F(4) insert:\n\n(5A) In subsection (4) —\n\nwritten reasons includes reasons that are —\n\n(a) given orally and subsequently transcribed; or\n\n(b) given orally but also recorded electronically in a format that enables them to be subsequently transcribed.\n\n##### 130. Section 84K amended\n\nAfter section 84K(6) insert:\n\n(7) A certificate by a court under subsection (6) is, in the absence of evidence to the contrary, evidence of its contents.\n\n##### 131. Section 120A amended\n\nDelete section 120A(2) and insert:\n\n(2) On receiving a request under subsection (1), and if satisfied that the restitution order is in force, the Sheriff may —\n\n(a) seize the property and deliver it to the victim; and\n\n(b) for the purposes of seizing the property, enter any place where the Sheriff reasonably believes the property may be.\n\n### Division 19 — *State Administrative Tribunal Act 2004* amended\n\n##### 132. Act amended\n\nThis Division amends the *State Administrative Tribunal Act 2004*.\n\n##### 133. Section 7A inserted\n\nAt the end of Part 1 insert:\n\n7A. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies\n\nThe *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies to this Act.\n\n### Division 20 — *Supreme Court Act 1935* amended\n\n##### 134. Act amended\n\nThis Division amends the *Supreme Court Act 1935*.\n\n##### 135. Section 6A inserted\n\nAt the end of Part I insert:\n\n6A. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies\n\nThe *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies to this Act.\n\n### Division 21 — *Young Offenders Act 1994* amended\n\n##### 136. Act amended\n\nThis Division amends the *Young Offenders Act 1994*.\n\n##### 137. Section 6A inserted\n\nAt the end of Part 1 insert:\n\n6A. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies\n\nThe *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies to this Act.\n\n[**138, 139.** Have not come into operation.]\n\n##### 140. Section 64 amended\n\n(1) In section 64 delete “If a young person” and insert:\n\n(1) If a young person\n\n(2) At the end of section 64 insert:\n\n(2) Without limiting subsection (1) —\n\n(a) the *Fines, Penalties and Infringement Notices Enforcement Act 1994* section 32(2) applies to and in relation to a fine to which subsection (1)(a) applies; and\n\n(b) section 59A(2) of that Act applies to and in relation to —\n\n(i) a forfeited bail undertaking to which subsection (1)(b) applies; and\n\n(ii) a forfeited recognisance to which subsection (1)(c) applies.\n\n##### 141. Section 65 amended\n\n(1) After section 65(2) insert:\n\n(3A) The *Fines, Penalties and Infringement Notices Enforcement Act 1994* section 10B applies to fines, forfeited bail undertakings and forfeited recognisances to which subsection (1) applies.\n\n(2) After section 65(3) insert:\n\n(4A) If, under subsection (3)(a), the court must register a fine or the amount of a forfeited undertaking or forfeited recognisance under the *Fines, Penalties and Infringement Notices Enforcement Act 1994*, then —\n\n(a) in the case of a fine, section 32(2) of that Act applies to and in relation to the fine; and\n\n(b) in the case of a forfeited undertaking or forfeited recognisance, section 59A(3) of that Act applies to and in relation to the amount forfeited.\n\n##### 142. Section 120 amended\n\n(1) In section 120(2) delete “record in writing the” and insert:\n\ngive written\n\n(2) After section 120(2) insert:\n\n(3) In subsection (2) —\n\nwritten reasons includes reasons that are —\n\n(a) given orally and subsequently transcribed; or\n\n(b) given orally but also recorded electronically in a format that enables them to be subsequently transcribed.\n\n![]()\n\nNotes\n\nThis is a compilation of the *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* (other than s. 37-39, 95, 106, 108, 110‑112, 114‑117, 119, 121, 124, 127, 138 and 139) 1 | 20 of 2013 | 4 Nov 2013 | Pt. 1: 4 Nov 2013 (see s. 2(a));   Act other than Pt. 1 and s. 22, 23, 25, 27‑30, 37‑39, 95, 106, 108, 110‑112, 114‑‑117, 119, 121, 124, 127, 138 and 139: 25 Nov 2013 (see s. 2(b) and *Gazette* 22 Nov 2013 p. 5391);   s. 22, 23, 25, 27‑30: 13 Sep 2014 (see s. 2(b) and *Gazette* 12 Sep 2014 p. 3279);   s. 75: 14 Nov 2015 (see s. 2(b) and *Gazette* 13 Nov 2015 p. 4631) |\n| *Fines, Penalties and Infringement Notices Enforcement Amendment Act 2020* Pt. 3 Div. 1 | 25 of 2020 | 19 Jun 2020 | 29 Sep 2020 (see s. 2(1)(c) and SL 2020/159 cl. 2(a)) |\n| *High Risk Serious Offenders Act 2020* s. 121 | 29 of 2020 | 9 Jul 2020 | 26 Aug 2020 (see s. 2(1)(c) and SL 2020/131 cl. 2) |\n| *COVID‑19 Response and Economic Recovery Omnibus Act 2020* s. 55 | 34 of 2020 | 11 Sep 2020 | 12 Sep 2020 (see s. 2(b)) |\n| *Industrial Relations Legislation Amendment Act 2021* Pt. 3 | 30 of 2021 | 22 Dec 2021 | 20 Jun 2022 (see s. 2(1)(b) and SL 2022/79 cl. 2) |\n| *Criminal Law (Mental Impairment) Act 2023* s. 409 | 10 of 2023 | 13 Apr 2023 | 1 Sep 2024 (see s. 2(b) and SL 2024/175 cl. 2) |\n\n\nUncommenced provisions table\n\nTo view the text of the uncommenced provisions see *Acts as passed* on the WA legislation website.\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* s. 37‑39, 106, 108, 110‑112, 114‑117, 119, 121, 124, 127, 138 and 139 | 20 of 2013 | 4 Nov 2013 | To be proclaimed (see s. 2(b)) |\n| *Evidence Act 2025* s. 492(2) | 15 of 2025 | 25 Sep 2025 | To be proclaimed (see s. 2(e)) |\n\n\nOther notes\n\n1 The *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* s. 95 had not come into operation when it was deleted by the *Fines, Penalties and Infringement Notices Enforcement Amendment Act 2020* s. 107.\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\naddress for service 14(1)\n\nelectronic 5\n\ngive 5\n\nlodge 5\n\nperson 5\n\nseal 5\n\nwriting 5\n\n© State of Western Australia 2025.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable. No comparison between original intent and final form is possible without access to the Act's provisions, explanatory memoranda, or amendment history."},"complexity_factors":["Legislative content was entirely unavailable — the source URL returned a 'page not found' error due to a website migration","No provisions, definitions, schedules, or operative clauses could be analysed","Complexity score of 1 reflects absence of retrievable content, not simplicity of the underlying law","The actual Act may be significantly more complex once retrieved"],"plain_english_summary":"## Courts and Tribunals (Electronic Processes Facilitation) Act 2013 (WA)\n\n**The content of this legislation could not be retrieved.** The page hosting this Western Australian law is no longer available on the official government website due to system upgrades.\n\n**What we can infer from the title:**\n- This is a **Western Australian law** passed in 2013\n- It likely deals with allowing courts and tribunals to use **electronic processes** (such as filing documents online, electronic signatures, or digital communications)\n- It would affect anyone who interacts with WA courts or tribunals — litigants, lawyers, witnesses, and court staff\n\n**To access the actual legislation**, try:\n1. Visiting the [WA Legislation website](https://www.legislation.wa.gov.au) directly\n2. Using the site's search menu to find the Act by name\n3. Contacting the Parliamentary Counsel's Office Helpdesk as suggested on the page\n\n⚠️ *This summary cannot be completed accurately without the full legislative text.*"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The instrument broadens the practical scope of electronic processes beyond a narrow enabling provision by expressly applying Part 2 to a long list of existing Acts and amending those Acts to permit or treat electronic records as satisfying writing, service, signature and original‑document requirements (see s.6(1); Part 3 amendments). It also transfers and clarifies administrative enforcement functions (notably in the Fines Enforcement amendments, e.g. ss.32–37, 59A, new s.10B) and grants broad regulation/rules‑making power to determine technical detail and receipt timing (s.20; Evidence Act s.133). The detailed operational effect therefore depends materially on subordinate regulations and rules of court."},"complexity_factors":["Wide cross‑Act reach: Part 2 is applied to numerous Acts (listed in s.6(1)) and expanded through Part 3 amendments, requiring coordinated implementation across diverse legal regimes.","Heavy delegation to subordinate instruments: many core effects (when electronic records satisfy \"writing\", how to authenticate, service timing, formats) are left to regulations and rules of court (see ss.7–14 repeatedly; s.20), increasing rule‑making and interpretation complexity.","Administrative and operational shifts: enforcement and registry duties are reallocated or clarified (for example, Registrar responsibilities in the Fines Enforcement changes — ss.32, 33, 35–37, 59A and new s.10B), changing who acts and when, and creating potential workflow and systems costs.","Evidentiary and original‑document equivalence: authenticated electronic copies and electronically produced originals are given the same effect as paper originals (ss.10(3–4), 13, 18; Evidence Act insertion s.73BA), requiring reliable technical safeguards and chain‑of‑custody practices.","Compliance risk and criminal sanction: replaced Criminal Procedure provision creates a specific offence for signing/authenticating certain prosecutorial documents without authority (Criminal Procedure Act amendment, new s.173) with imprisonment/fine — raises risk for practitioners and agencies.","Interaction with existing electronic laws: the Part operates in addition to the Electronic Transactions Act 2011 and other written laws (s.19), so overlapping rules must be reconciled in practice.","Staged commencements and uncommenced provisions: multiple provisions are commenced at different times (s.2; compilation/uncommenced tables), creating transitional uncertainty for implementers and users."],"plain_english_summary":"This Act allows Western Australian courts and tribunals to use electronic processes instead of paper for things like filing, signing, serving, record‑keeping and producing originals, and treats authenticated electronic documents as equivalent to paper (see ss.7–14, 18). It applies these rules across a long list of existing statutes and gives regulation‑makers and courts power to set technical rules and timing for electronic delivery (ss.6, 20). Affects courts, litigants, registrars, enforcement agencies and other public bodies."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"While the Act's primary purpose was to facilitate electronic processes in courts, it has grown significantly beyond this core function. The amendments to the Fines, Penalties and Infringement Notices Enforcement Act 1994 (Division 12) represent a major structural reform of the fines enforcement system, transferring functions from court officers to the Registrar, creating automatic registration regimes, and establishing new administrative processes. These changes appear to use the electronic processes bill as a vehicle for broader court administrative reform that could have stood as separate legislation."},"complexity_factors":["Extensive cross-referencing: The Act amends 21 other Acts (Divisions 1-21 of Part 3), requiring readers to understand the interaction between this Act and the underlying legislation.","Conditional application: Part 2 applies only to specific listed Acts (s. 6(1)) and operates subject to regulations and rules of court (multiple sections reference 'in accordance with any regulations or rules of court').","Nested definitions: Section 5 contains broad inclusive definitions ('give' includes 11 different verbs; 'writing' includes 'any other similar word or expression') that require careful parsing.","Multiple commencement dates: The compilation table shows complex staged commencement across several years (2013, 2014, 2015, 2020, 2022, 2024) with some provisions still uncommenced.","Transitional provisions: Specific transitional rules exist for fines enforcement (s. 32(5), s. 38A) creating parallel regimes for pre- and post-commencement fines.","Technology-neutral drafting: The definition of 'electronic' includes 7 different technologies (electrical, digital, magnetic, optical, electromagnetic, biometric, photonic), creating broad but potentially ambiguous scope."],"plain_english_summary":"This Western Australian law is designed to drag the state's courts and tribunals into the digital age. It creates a legal framework that allows courts, lawyers, and litigants to use electronic methods for processes that previously required paper documents, physical signatures, and in-person appearances.\n\n**What it does:**\n\n*   **Electronic documents:** It allows documents to be lodged, filed, and served electronically instead of on paper. If a law says something must be \"in writing,\" this Act says an electronic record satisfies that requirement.\n*   **Digital signatures and seals:** It permits the use of electronic authentication (digital signatures) instead of physical signatures, stamps, or seals on court documents.\n*   **Electronic service:** It allows court documents to be sent to parties via email or other electronic means, rather than by post or personal delivery (though personal service is still required for some documents).\n*   **Electronic records:** It permits courts to keep records and files in electronic form rather than physical paper files.\n*   **Fines enforcement overhaul:** A significant portion of the Act amends the *Fines, Penalties and Infringement Notices Enforcement Act 1994*. It transfers responsibility for managing fine payment plans (\"time to pay orders\") from court officers to the Fines Enforcement Registrar, and establishes automatic registration of certain fines and forfeited amounts.\n\n**Who it affects:**\n\n*   **Anyone involved in WA courts:** Lawyers, self-represented litigants, police, court staff, and government agencies who file documents or communicate with the courts.\n*   **People with fines:** The changes to fines enforcement affect anyone paying fines or on payment plans in Western Australia.\n*   **Multiple jurisdictions:** The Act applies across the board to the Supreme Court, District Court, Magistrates Court, Children's Court, State Administrative Tribunal, and various other tribunals and statutory proceedings.\n\n**Why it matters:**\n\nBefore this Act, many court rules were stuck in a paper-based world. This legislation provides the legal certainty needed for e-filing systems, digital courtrooms, and online dispute resolution. It ensures that electronic documents have the same legal weight as paper ones, and it streamlines the enforcement of fines by reducing administrative bottlenecks in the courts."}},"importantCases":[],"_links":{"self":"/api/acts/courts-and-tribunals-electronic-processes-facilitation-act-2013","history":"/api/acts/courts-and-tribunals-electronic-processes-facilitation-act-2013/history","analysis":"/api/acts/courts-and-tribunals-electronic-processes-facilitation-act-2013/analysis","conflicts":"/api/acts/courts-and-tribunals-electronic-processes-facilitation-act-2013/conflicts","importantCases":"/api/acts/courts-and-tribunals-electronic-processes-facilitation-act-2013/important-cases","documents":"/api/acts/courts-and-tribunals-electronic-processes-facilitation-act-2013/documents"}}