Criminal Code Act Compilation Act 1913

2 Edw. VII No. 29 — The Criminal Code Amendment Act 1902

No. 13 of 1905 — The Secret Commissions Act 1905

No. 31 of 1906 — The Criminal Code Amendment Act 1906

No. 28 of 1911 — The Criminal Code Amendment Act 1911

No. 52 of 1911 — The Criminal Code Amendment Act 1911

Sections 2 to 29 (both inclusive) of Act No. 15 of 1913 — The Criminal Code Amendment Act 1913

Appendix B

An Act to establish a Code of Criminal Law.

Preamble

Whereas it is desirable to declare and consolidate the Criminal Law: Be it enacted and declared by the King’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:

1. Short title

This Act may be cited as the Criminal Code Act 1913.

2. The Criminal Code established

The provisions contained in the Code of Criminal Law set forth in the Schedule to this Act, and hereinafter called the Code, shall be the law of Western Australia with respect to the several matters therein dealt with.

The said Code may be cited as “The Criminal Code”.

3. Construction of statutes, statutory rules, and other instruments

The following rules shall, unless the context otherwise indicates, apply with respect to the construction of statutes, statutory rules, local laws, by‑laws, and other instruments, that is to say —

(1) When in any statute, statutory rule, local law, by‑law, or other instrument, public or private, the term felony is used, or reference is made to an offence by the name of felony, it shall be taken that reference is intended to an offence which is a crime under the provisions of the Code:

(2) When in any statute, statutory rule, local law, by‑law, or other instrument, public or private, the term murder is used, it shall be taken that reference is intended to include the crime that was called wilful murder under the Code as it was before the commencement of the Criminal Law Amendment (Homicide) Act 2008:

(3) When in any statute, statutory rule, local law, by‑law, or other instrument, public or private, the term larceny is used, it shall be taken that reference is intended to the crime of stealing:

(4) When in any statute, statutory rule, local law, by‑law, or other instrument, public or private, reference is made to any offence by any specific name, it shall be taken that reference is intended to the offence which, under the provisions of the Code, is constituted by the act or omission that would heretofore have constituted the offence referred to:

(5) When in any statute, statutory rule, local law, by‑law, or other instrument, public or private, reference is made to any of the statutory provisions hereby repealed, it shall be taken that reference is intended to the corresponding provisions or substituted provisions of the Code.

[Section 3 amended: No. 14 of 1996 s. 4; No. 57 of 1997 s. 45; No. 29 of 2008 s. 27.]

4. Offences are only those in WA’s statute law with some exceptions

No person shall be liable to be tried or punished in Western Australia as for an offence, except under the express provisions of the Code, or some other statute law of Western Australia, or under the express provisions of some statute of the Commonwealth of Australia, or of the United Kingdom which is expressly applied to Western Australia, or which is in force in all parts of His Majesty’s dominions not expressly excepted from its operation, or which authorises the trial and punishment in Western Australia of offenders who have, at places not in Western Australia, committed offences against the laws of the Commonwealth of Australia or of the United Kingdom.

[Section 4 amended: No. 4 of 2004 s. 58.]

5. No civil action for lawful acts; saving

When, by the Code, any act is declared to be lawful, no action can be brought in respect thereof.

Except as aforesaid, the provisions of this Act shall not affect any right of action which any person would have had against another if this Act had not been passed; nor shall the omission from the Code of any penal provision in respect of any act or omission, which before the time of the coming into operation of the Code constituted an actionable wrong, affect any right of action in respect thereof.

[6. Deleted: No. 78 of 1995 s. 22.]

7. Contempt of court powers not affected

Nothing in this Act or in the Code shall affect the authority of courts of record to punish a person summarily for the offence commonly known as “contempt of court”; but so that a person cannot be so punished, and also punished under the provisions of the Code for the same act or omission.

[8. Deleted: No. 13 of 1984 s. 9.]

Schedule

The Criminal Code

Contents

Part I — Introductory

Interpretation: Application: General principles

Chapter I — Interpretation

1. Terms used 29

2. Term used: offence 38

3. Indictable offences, general provisions as to 38

4. Term used: attempt to commit offence 39

5. Summary conviction penalty, meaning and effect of 39

6. Terms used: carnal knowledge, carnal connection 42

Chapter II — Parties to offence

7. Principal offenders 42

8. Offence committed in prosecution of common purpose 43

9. Counselled offence, mode of execution immaterial 43

10. Term used: accessory after the fact 44

Chapter IIA — Alternative offences

10A. Conviction of alternative offence, when possible 44

10B. Alternative offence, meaning and effect of 45

10C. Conviction of alternative offence, consequences of 45

10D. Charge of offence, alternative convictions of attempt etc. 46

10E. Charge of attempt, alternative convictions on 46

10F. Charge of conspiracy, alternative convictions on 47

10G. Charge of procuring, alternative convictions on 47

10H. Charge of attempting to procure, alternative convictions on 48

10I. Joined charges of receiving, verdicts on 48

Chapter IIB — Charges where date of offence, or age of victim, is uncertain

10J. Application of Chapter 49

10K. Terms used 49

10L. Charge of indictable offence committed in period when written law amended 49

10M. Charge of sexual offence committed in period when victim has birthday 50

10N. Charge of sexual offence when victim’s age uncertain 51

Chapter III — Application of criminal law

11. Effect of changes in law 52

12. Territorial application of criminal law 52

13. Offence aided, counselled or procured by person out of WA 53

14. Offence procured in WA to be committed out of WA 53

15. Defence force not exempt from Code 54

16. Previous conviction or acquittal a defence 54

Chapter V — Criminal responsibility

22. Ignorance of law, honest claim of right 55

23. Intention and motive 55

23A. Unwilled acts and omissions 55

23B. Accident 55

24. Mistake of fact 56

25. Emergency 56

26. Presumption of sanity 57

27. Insanity 57

28. Intoxication 58

29. Immature age 58

30. Judicial officers 58

31. Lawful authority 59

32. Duress 59

33. Offences by partners and members of companies with respect to partnership or corporate property 60

34. Application of Chapter V 60

Chapter 6 — Criminal liability of officers of bodies corporate

37. Overview 60

38. Term used: officer 61

39. Officer liability for corporate offence: onus on prosecution to prove reasonable steps not taken 61

40. Officer liability for corporate offence: onus on prosecution to prove reasonable steps not taken if evidence suggesting reasonable steps adduced 62

41. Officer liability for corporate offence: onus on officer to prove reasonable steps taken 62

42. Further provisions relating to criminal liability of officers of bodies corporate 63

43. Penalties 64

Part II — Offences against public order

Chapter VII — Sedition

44. Term used: seditious intention 65

45. Acts excepted from s. 44 65

46. Terms used: seditious enterprise, seditious words, seditious writing 66

47. Oath to kill person 66

48. Other unlawful oaths 67

49. Compulsion, how far a defence to s. 47 and 48 68

50. Unlawful military activities 68

51. Sedition 69

Chapter VIII — Offences against the executive and legislative power

54. Interfering with Governor or Ministers 70

55. Interfering with legislature 70

56. Disturbing Parliament 71

57. False evidence before Parliament 71

58. Threatening witness before Parliament 71

59. Witness not attending or giving evidence before Parliament 72

60. Member of Parliament receiving bribe 73

61. Bribery of member of Parliament 73

Chapter IX — Unlawful assemblies: Breaches of the peace

62. Terms used: unlawful assembly, riot, riotously assembled 74

63. Taking part in an unlawful assembly 75

64. Unlawful assembly may be ordered to disperse 75

65. Taking part in riot 75

66. Rioters may be ordered to disperse 75

67. Rioters causing damage 76

68A. Provisions about lawful excuses under s. 68B, 68C, 68D and 68E 76

68B. Being armed in or near place of public entertainment 77

68C. Being armed in public in company 78

68D. Having ready access to both weapon and cash 78

68E. Having ready access to both weapon and illegal drug 79

68. Being armed in a way that may cause fear 79

69. Forcibly entering land 80

70. Forcibly keeping possession of land 80

70A. Trespass 80

70B. Trespasser may be asked for name and address 84

71. Fighting in public causing fear 85

72. Challenge to fight duel 85

73. Prize fight 85

74. Threat toward dwelling 86

74A. Disorderly behaviour in public 86

74B. Causing fear or alarm to driver of conveyance or others 87

75A. Term used: out‑of‑control gathering 87

75B. Organising out‑of‑control gathering 90

Chapter X — Offences against political liberty

75. Interfering with political liberty 91

Chapter XI — Racist harassment and incitement to racial hatred

76. Terms used 92

77. Conduct intended to incite racial animosity or racist harassment 93

78. Conduct likely to incite racial animosity or racist harassment 93

79. Possession of material for dissemination with intent to incite racial animosity or racist harassment 93

80. Possession of material for dissemination that is likely to incite racial animosity or racist harassment 94

80A. Conduct intended to racially harass 94

80B. Conduct likely to racially harass 95

80C. Possession of material for display with intent to racially harass 95

80D. Possession of material for display that is likely to racially harass 96

80E. Conduct and private conduct, meaning of in s. 77, 78, 80A and 80B 96

80F. Belief as to existence or membership of racial group 96

80G. Defences to s. 78, 80, 80B or 80D charge 97

80H. Consent to prosecution under s. 77, 78, 79 or 80 required 98

80I. Term used: circumstances of racial aggravation 98

80J. Unlawful material, forfeiture of 98

Chapter 11A — Nazi symbols and salute

80K. Terms used 99

80L. Meaning of Nazi hakenkreuz 100

80M. Meaning of Nazi symbol 100

80N. Display of Nazi symbols 101

80O. Offence to display Nazi symbol 102

80P. Offence to make Nazi gesture 103

80Q. Offence to apply Nazi symbol to property 104

80R. Defence to s. 80O or 80P charge 105

80S. General defences 105

80T. Exceptions 106

80U. Issue of Nazi symbol removal notice 107

80V. Content of Nazi symbol removal notice 108

80W. Service of Nazi symbol removal notice 108

80X. Duration of Nazi symbol removal notice 109

80Y. Revocation of Nazi symbol removal notice 109

80Z. Offence to hinder compliance with Nazi symbol removal notice 110

80ZA. Police powers relating to Nazi symbol removal notice 111

80ZB. Correcting mistakes in Nazi symbol removal notice 112

80ZC. Delegation by Commissioner of Police 112

80ZD. Forfeiture of unlawful material 113

80ZE. No compensation under this Chapter 113

80ZF. Exclusion of rule in s. 24 113

Part III — Offences against the administration of law and justice and against public authority

Chapter XII — Disclosing official secrets

81. Disclosing official secrets 114

Chapter XIII — Corruption and abuse of office

82. Bribery of public officer 115

83. Corruption 115

84. Judicial officer, s. 82 and 83 do not apply to 116

85. Falsification of record by public officer 116

86. Administering oath without authority 117

87. Impersonating public officer 117

88. Bargaining for public office 118

Chapter XIV — Offences at elections

93. Terms used 119

94. Application of this Chapter 119

95. Liability for acts of others 119

96. Bribery 120

97. Undue influence 120

98. Electoral material, printing and publication of 121

99. False or defamatory statements or deceptive material, publication of 122

100. Postal voting, offences in connection with 123

101. Polling place, offences at or near 123

102. Voting offences 125

103. Ballot paper and ballot box offences 125

104. Secrecy offences 126

105. Electoral officer, offences by 126

106. False statements in connection with an election 127

107. Evidentiary matters 127

Chapter XVI — Offences relating to the administration of justice

120. Term used: judicial proceeding 128

121. Judicial corruption 128

122. Official corruption not judicial but relating to offences 129

123. Corrupting or threatening juror 130

124. Perjury 131

125. Perjury, penalty for 131

126. False evidence before Royal Commission 132

127. Threatening witness before Royal Commission etc. 132

128. Fabricating evidence 132

129. Corruption of witness 133

130. Deceiving witness 133

131. Destroying evidence 134

132. Preventing witness from attending 134

133A. False prosecution, commencing 134

134. Conspiracy to commence false prosecution 135

135. Conspiring to pervert etc. course of justice 135

136. Compounding or concealing offence 135

137. Advertising reward etc. for stolen property 136

138. Justice acting when personally interested 137

139. Bringing fictitious action on penal statute 137

140. Inserting advertisement without authority of court 137

141. Attempting to pervert etc. course of justice 138

Chapter XVII — Escapes: Rescues: Obstructing officers of courts

144. Forcibly freeing person from lawful custody 138

145. Aiding escape from lawful custody 138

146. Escaping from lawful custody 139

147. Permitting escape from lawful custody 139

148. Aiding escapee from lawful custody 139

149. Rescuing, permitting escape of or concealing a person subject to any law relating to mental disorder 139

150. Removing etc. property under lawful seizure 140

151. Obstructing court officer 140

Chapter XX — Miscellaneous offences against public authority

169. False statement on oath 141

170. False information to official etc. 141

171. Creating false belief 142

172. Obstructing public officer 143

173. Public officer refusing to perform duty 143

174. Disobeying request to help arrest person 143

175. Disobeying statute law 143

176. Disobeying lawful order issued by statutory authority 144

Part IV — Acts injurious to the public in general

Chapter XXII — Offences against morality

181. Carnal knowledge of animal 145

182. Occupier or owner allowing young person to be on premises for unlawful carnal knowledge 145

183. Facilitating sexual offence against child outside WA 146

184. Being involved with prostitution 146

185. Procuring person to be prostitute etc. 148

186. Procuring person to have unlawful carnal knowledge by threat, fraud or administering drug 149

187. Obscene act in public 150

188. Indecent act in public 150

189. Indecent act with intent to offend 151

204A. Showing offensive material to child under 16 151

204B. Using electronic communication to procure, or expose to indecent matter, child under 16 153

205. Ignorance of age no defence to charge under this Chapter 156

206. Supplying intoxicant to person likely to abuse them 157

Chapter XXIII — Misconduct relating to corpses

214. Misconduct with regard to corpse 157

215. Interfering with corpse to hinder inquiry 158

Chapter XXV — Child exploitation material

217A. Terms used 159

217. Involving child in child exploitation 160

218. Producing child exploitation material 160

219. Distributing child exploitation material 160

220. Possession of child exploitation material 161

221A. Defences and exclusions for s. 217, 218, 219 and 220 161

221B. Unlawful material, forfeiture of 163

Chapter XXVA — Intimate images

221BA. Terms used 163

221BB. Term used: consent 164

221BC. Term used: distributes 165

221BD. Distribution of intimate image 166

221BE. Court may order rectification 168

221BF. Review of amendments made by Criminal Law Amendment (Intimate Images) Act 2019 169

Chapter XXVIA — Facilitating activities of criminal organisations

221C. Terms used 169

221D. Term used: criminal organisation 170

221E. Participating in activities of criminal organisation 171

221F. Instructing commission of offence for benefit of criminal organisation 172

Part V — Offences against the person and relating to parental rights and duties and against the reputation of individuals

Chapter XXVI — Assaults and violence to the person generally: Justification, excuse and circumstances of aggravation

221. Term used: circumstances of aggravation 173

222. Term used: assault 174

223. Assault is unlawful 174

224. Execution of sentence is lawful 174

225. Execution of process is lawful 175

226. Execution of warrant is lawful 175

227. Sentence, process or warrant issued without authority, effect of 175

228. Sentence, process or warrant issued without authority, liability of person executing etc. 175

229. Arrest of wrong person 176

230. Process or warrant that is bad in law, liability of person executing etc. 176

231. Executing sentence, process or warrant or making arrest, using force for 177

232. Flight from arrest, use of force to prevent 177

233. Escape or rescue after arrest, use of force to prevent 178

234. Riot, use of force to suppress 178

235. Riot, use of force to suppress by justice and police officer 178

236. Riot, use of force to suppress by person acting under lawful order 179

237. Riot, use of force to suppress by person acting without order in case of emergency 179

238. Riot, use of force to suppress by military personnel 179

239. Violence by mentally impaired person, use of force to prevent 179

240. Home invasion, use of force to prevent etc. 180

241. Term used: provocation 181

242. Defence of provocation 182

243. Repetition of insult, use of force to prevent 183

244. Self‑defence 183

245. Movable property, use of force to resist taking of by trespasser etc. 184

246. Movable property possessed with claim of right, use of force to defend possession of 184

247. Movable property possessed without claim of right etc., use of force to take 185

248. Place, use of force to prevent entry to and remove people from 185

249. Place possessed with claim of right, use of force to defend 186

250. Entry to land to exercise disputed right‑of‑way etc., use of force to prevent 186

251. Discipline of children, use of force for 186

252. Discipline on ship or aircraft, use of force for 187

253. Surgical and medical treatment, liability for 187

259A. Inoculation procedure, liability for 188

260. Excessive force is unlawful 188

261. Consent to death immaterial 188

Chapter XXVII — Duties relating to the preservation of human life

262. Duty to provide necessaries of life 188

263. Duty of head of family 189

264. Duty of person doing dangerous act 189

265. Duty of person in charge of dangerous thing 189

266. Duty to do certain acts 190

Chapter XXVIII — Homicide: Suicide: Concealment of birth

268. Killing a person is unlawful 190

269. When a child becomes a human being 190

270. Term used: kill 190

271. Death from act done at childbirth 190

272. Causing death by threat 191

273. Acceleration of death 191

274. Death from bodily injury that might have been avoided or prevented 191

275. Death from, or from treatment of, grievous bodily harm 191

276. Unlawful homicide is murder or manslaughter 192

277. Murder 192

278. Manslaughter 194

279. Unlawful assault causing death 195

280. Attempt to unlawfully kill 196

281. Culpable driving (not of motor vehicle or vessel) causing death or grievous bodily harm 197

282. Procuring etc. suicide 198

283. Preventing birth of live child 199

284. Concealing birth of dead child 199

Chapter XXIX — Offences endangering life or health

292. Disabling in order to commit indictable offence etc. 199

293. Stupefying in order to commit indictable offence etc. 200

294. Act intended to cause grievous bodily harm or prevent arrest 200

294A. Dangerous goods on aircraft 202

295. Preventing escape from wreck 203

296. Grievous bodily harm 203

297. Suffocation and strangulation 207

298. Terms used in relation to s. 300 (persistent family violence) 207

299. Persistent family violence 209

300. Wounding and similar acts 211

301. Act or omission causing bodily harm or danger 212

302. Setting dangerous thing 213

305A. Intoxication by deception 214

306. Female genital mutilation 215

Chapter XXX — Assaults

313. Common assault 217

314. Assault causing bodily harm 217

317A. Assault with intent 218

318. Serious assault 219

318A. Assault on aircraft’s crew 222

318B. Assault on retail workers 223

Chapter XXXI — Sexual offences

319. Terms used 224

320. Child under 13, sexual offences against 226

321. Child of or over 13 and under 16, sexual offences against 228

321A. Child under 16, persistent sexual conduct with 230

322. Child of or over 16, sexual offences against by person in authority etc. 233

323. Indecent assault 234

324. Aggravated indecent assault 234

325. Sexual penetration without consent 235

326. Aggravated sexual penetration without consent 236

327. Sexual coercion 237

328. Aggravated sexual coercion 238

329. Relatives and the like, sexual offences by 239

330. Incapable person, sexual offences against 241

331. Ignorance of age no defence for s. 320 and 329 243

331A. Terms used in s. 331B to 331D 243

331B. Sexual servitude 244

331C. Conducting business involving sexual servitude 244

331D. Deceptive recruiting for commercial sexual service 244

Chapter XXXIII — Offences against liberty

332. Kidnapping 246

333. Deprivation of liberty 247

334. Procuring apprehension or detention of person not suffering from mental illness or impairment 247

335. Unlawful detention or custody of person who is mentally ill or impaired 247

Chapter XXXIIIA — Threats

338. Term used: threat 248

338A. Threat with intent to gain etc. 248

338B. Threats 249

338C. Statement or act creating false apprehension as to existence of threat or danger 250

Chapter XXXIIIB — Stalking

338D. Terms used 252

338E. Stalking 254

Chapter XXXIV — Offences relating to parental rights and duties

343. Child stealing 255

343A. Publication of report of child‑stealing unlawful unless approved 255

344. Deserting child under 16 256

Chapter XXXV — Criminal defamation

345. Criminal defamation 257

Part VI — Offences relating to property and contracts

Division I — Stealing and like offences

Chapter XXXVI — Stealing

370. Things capable of being stolen 259

371. Term used: steal 260

371A. Using etc. motor vehicle without consent is stealing 262

372. Cases which are not stealing 262

373. Funds etc. held under direction, who owns etc. 263

374. Proceeds of sale etc. of property by agent, who owns 263

375. Money received for another, who owns 264

376. Stealing by person having an interest in the thing stolen 264

377. Penalty for stealing 264

Chapter XXXVII — Offences analogous to stealing

379. Concealing official register 267

380. Concealing will 267

381. Concealing certificate of title etc. 268

382. Killing animal with intent to steal 268

383. Severing with intent to steal 268

384. Using registered brand with criminal intention 268

385. Fraudulently dealing with ore at mine 268

386. Concealing royalty 269

387. Removing guano without licence 269

388. Bringing stolen goods into WA 269

389. Fraudulent disposition of mortgaged goods 270

390. Fraudulent appropriation of electricity etc. 271

390A. Unlawful use of conveyance (not of motor vehicle) 271

Chapter XXXVIII — Robbery: Extortion by threats

391. Term used: circumstances of aggravation 272

392. Robbery 272

393. Assault with intent to rob 273

394. Demanding property with threats with intent to steal 274

395. Demanding property with threats with intent to extort or gain 274

396. Threats etc. with intent to extort etc. 275

397. Procuring execution of deed etc. by threat etc. with intent to defraud 276

Chapter XXXIX — Offences in or in respect of buildings etc.

400. Terms used 277

401A. Term used: relevant conviction 278

401B. Term used: repeat offender 282

401. Burglary 282

402. Person found armed etc. with intent to commit crime 286

Chapter XL — Fraud

409. Fraud 287

Chapter XLI — Receiving property stolen or fraudulently obtained and like offences

414. Receiving stolen property etc. 288

415. Receiving after change of ownership 289

416. Taking reward for recovery of property obtained by means of indictable offence 289

417. Possessing stolen or unlawfully obtained property 290

417A. Punishment for possession in special cases 290

Chapter XLII — Frauds by trustees and officers of companies and corporations: False accounting

418. Signing false document relating to company 291

419. Company’s books etc., acts etc. as to by director etc. with intent to defraud 292

420. False statement by company’s official 292

421. False statement by company’s official with intent to affect share price 293

422. Defence for this Chapter 294

423. Fraudulent falsification of record 294

Chapter XLIII — Summary conviction for stealing and like indictable offences

426. Summary conviction penalty for certain stealing and like offences 295

426A. When summary conviction penalty under s. 426(4) does not apply 296

427. Summary conviction penalty for certain offences of fraudulent nature 297

Chapter XLIV — Simple offences analogous to stealing

429. Unlawfully using another person’s animal 298

430. Unlawful fishing 299

431. Unlawfully taking fish etc. 299

Chapter XLIVA — Unauthorised use of computer systems

440A. Unlawful use of computer 300

Division II — Injuries to property

Chapter XLV — Preliminary matters

441. Acts injuring property, when unlawful etc. 301

442. Lawful act done with intent to defraud is unlawful 302

443. Term used: wilfully destroy or damage 302

444A. Duty of person in control of ignition source or fire 303

Chapter XLVI — Offences

444. Criminal damage 303

445A. Breach of s. 444A duty 304

445. Damaging property 304

446. Casting away etc. vessel 305

447. Acts etc. with intent to obstruct or injure railway 305

451A. Acts etc. with intent to prejudice safe use of aircraft etc. 306

451B. Unlawfully interfering with aircraft 306

454. Causing explosion likely to do serious injury to property 307

455. Acts done with intent to cause explosion likely to do serious injury to property 307

456. Acts with intent to injure mine etc. 308

457. Interfering with marine navigation aid 308

458. Interfering with navigation works 309

459. Communicating infectious disease to animal 309

460. Unlawfully travelling with infected animal 309

461. Removing boundary mark with intent to defraud 310

462. Obstructing railway 310

Division III — Forgery and like offences: Identity crime: Personation

Chapter XLIX — Forgery and uttering

473. Forgery and uttering 311

474. Preparation for forgery etc. 312

Chapter L — False representations as to status

488. Procuring or claiming unauthorised status 312

Chapter LI — Identity crime

489. Terms used 313

490. Making, using or supplying identification material with intent to commit indictable offence 314

491. Possessing identification material with intent to commit indictable offence 315

492. Possessing identification equipment with intent that it be used to commit indictable offence 315

493. Attempt offences do not apply 316

494. Court may grant certificate to victim of identity offence 316

Chapter LIII — Personation

510. Personation in general 317

511. Personating owner of shares 318

512. Falsely acknowledging liability etc. of another 318

513. Uttering qualification etc. of another 318

514. Lending qualification etc. to another with intent it be used for personation 319

Division IV — Offences connected with trade and breach of contract, and corruption of agents, trustees, and others

Chapter LIV — Fraudulent debtors

527. Fraudulent dealing by judgment debtor 319

Chapter LV — Corruption of agents, trustees, and others in whom confidence is reposed

529. Agent corruptly receiving or soliciting reward etc. 320

530. Corruptly giving or offering agent reward etc. 321

531. Gift to agent’s parent etc. deemed gift to agent 321

532. Giving agent, or agent using, false receipt etc. with intent to defraud principal 322

533. Secret commission given by third party to person advising another to contract with third party etc. 322

534. Secret commission for advice to another 323

535. Secret commission to trustee for substituted appointment 323

536. Aiding etc. Chapter LV offences within or outside WA 324

537. Liability of director etc. acting without authority 324

538. Penalty for Chapter LV offences 324

539. Court may order withdrawal of trifling or technical case 325

540. Protection of witness giving answers criminating himself 325

541. Stay of proceedings against such witness 326

542. Custom of itself no defence 326

543. Burden of proof that gift etc. not secret commission 326

544. Terms used 327

Chapter LVI — Other offences

547. Joint stock company officer concealing information etc. as to reduction of capital 329

548. Company being wound up, officer of falsifying books of etc. 330

549. Mixing uncertified with certified articles 330

Part VII — Preparation to commit offences: Conspiracy: Accessories after the fact

Chapter LVII — Attempts and preparation to commit offences

552. Attempt to commit indictable offence 331

553. Incitement to commit indictable offence 331

555A. Attempt and incitement to commit simple offence under this Code 332

556. Attempt to procure commission of criminal act 333

557. Making or possessing explosives in suspicious circumstances 333

Chapter LVIIA — Offences to do with preparing to commit offences

557A. Presumption as to intention 334

557C. Unlawful thing, forfeiture of 334

557D. Possessing stupefying or overpowering drug or thing 335

557E. Possessing thing to assist unlawful entry to place 335

557F. Possessing thing to assist unlawful use of conveyance 335

557H. Possessing disguise 335

557I. Possessing bulletproof clothing 336

557K. Child sex offenders not to be in or near places where children are regularly present 337

Chapter LVIII — Conspiracy

558. Conspiracy to commit indictable offence 340

559. Conspiracy to commit simple offence 341

Chapter LIX — Accessories after the fact and property laundering

562. Accessory after the fact to indictable offence 342

563A. Property laundering 342

563B. Dealing with property used in connection with an offence 343

Part VIII — Miscellaneous

Chapter LXXIII — Infringement notices

720. Term used: CP Act 348

721. Regulations to allow infringement notices to be issued for Code offences 348

722. Alleged offenders taken to be charged suspects for purposes of Criminal Investigation (Identifying People) Act 2002 349

723. Monitoring of Chapter by Ombudsman 350

Chapter LXXIV — Miscellaneous provisions

730. Forfeitures, escheats etc. abolished 351

731. Forfeiture etc. of property used to commit offence 351

732. Saving of civil remedies 352

733. Answers and discovery tending to show Chapter XXXV or LV offence 352

734. Review of law of homicide 352

740A. Review of certain amendments to s. 297 and 318 352

740B. Review of certain amendments relating to home burglary 353

740C. Review of amendments made by Family Violence Legislation Reform Act 2020 353

740D. Review of amendments made by Directors’ Liability Reform Act 2023 354

740. Transitional provisions (Sch. 1) 355