This Act sets out who may carry out criminal investigations and how: search powers, warrants, forensic and data‑access procedures, and legal definitions that determine who is covered. It affects police and authorised officers, suspects and involved persons, courts, and organisations holding records. Mechanically, it assigns decision‑making to judicial and senior officers, creates compliance duties and evidentiary mechanisms, and links to other laws (see s.2; s.113). It changes how evidence is obtained and who bears the compliance costs.
The Criminal Investigation Act 2006 (WA) (the Act) establishes a comprehensive statutory framework governing the exercise of investigative powers by police officers and prescribed public officers in Western Australia. At its core, the Act codifies, limits, and supplements the common law powers of constables (s.7(1)) while providing ancillary rules for the timing, manner, and recording of their exercise. It does not create new offences but supplies the procedural machinery for detecting, preventing, and proving them.
Part 1 contains preliminary provisions, including an extensive interpretation section (s.3(1)) that defines over 40 terms. Key concepts include "reasonably suspects" (s.4, an objective test based on the officer's actual grounds judged objectively), "thing relevant to an offence" (s.5, which extends to animate and non-material items such as distances or visibility), and "officer" (encompassing both police and prescribed public officers under s.9). The Act expressly preserves its relationship with other written laws (s.6) and the common law (s.7), stating that its provisions prevail in cases of inconsistency.
Part 2 supplies overarching rules that apply whenever any power under the Act is exercised. These include the times at which powers may be used (s.14, any time of day or night unless otherwise stated), the ability to obtain assistance (s.15), the reasonable use of force (s.16, subject to The Criminal Code Chapter XXVI), the use of trained animals (s.17), the establishment of roadblocks (s.18), and ancillary powers when stopping vehicles (s.19). Section 20 clarifies that a power to enter one place may extend to adjacent areas in multi-occupancy buildings or where necessary to reach the target. Forensic examination of things is defined broadly in s.21, while s.22 provides a mechanism for ascertaining gender and s.23 creates a presumption against consent to search or procedure that can be withdrawn.
Current sections
Direct links to the current provisions in Criminal Investigation Act 2006.
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Part 1
Preliminary
Part 1 — Preliminary
Short title 2
Commencement 2
Terms used 2
Reasonably suspects, meaning of 6
Thing relevant to offence, meaning of 6
5A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies 7
Other written laws, this Act’s relationship with 7
Common law, this Act’s relationship with 7
8A. Authority required for some investigations 8
Officer’s powers as individual not affected 8
Public officers may be authorised to exercise powers 8
Informing people who do not understand English 9
Officers’ duty to identify themselves 9
Delegation by officers 10
Warrants and orders, applying for 10
Part 2
Ancillary provisions about exercising powers
Part 2 — Ancillary provisions about exercising powers
When powers may be exercised 13
Assistance to exercise powers 13
Force, use of when exercising powers 14
Animals, use of by officers exercising powers 14
Roadblocks, use of to stop vehicles 14
Stopping vehicles, powers in connection with 16
Power to enter includes power to enter some other places 17
Forensic examination of thing relevant to offence 17
Gender of person, ascertaining 18
Consent to search or procedure, presumption against and withdrawal of 18
Part 3
Citizens’ powers
Part 3 — Citizens’ powers
Prevention of offences and violence 19
Citizen’s arrest 20
Person in command of vehicle, powers of 21
Part 4
Miscellaneous official powers and duties
Part 4 — Miscellaneous official powers and duties
Div 1
Move on orders
Division 1 — Move on orders
26A. Terms used 23
Suspects and others may be ordered to move on 23
27A. Directions for purposes of giving move on orders 25
27B. Method of giving move on orders 26
Div 2
Miscellaneous
Division 2 — Miscellaneous
Persons accompanying officers to be informed of rights 27
Part 5
Entering and searching places and vehicles
Part 5 — Entering and searching places and vehicles
Division 1 — General
Places with 2 or more occupiers, interpretation 28
Entry and search with occupier’s consent 28
Occupier’s rights 28
Division 2 — Powers without a search warrant
32A. Terms used 30
Warrant not required to exercise this Division’s powers 31
Public open area, search powers in 31
Public place, entry to keep order in 31
Place or vehicle, entry of to prevent violence 31
Place or vehicle, entry of to attend to dead or seriously ill or injured person 32
Place or vehicle, entry of to investigate serious event 33
38A. Authorisation to enter place or vehicle to prevent or disperse out‑of‑control gathering 34
38B. Entry of place or vehicle to prevent or disperse out‑of‑control gathering 35
38C. Offence not to comply with order relating to out‑of‑control gathering 37
Vehicle, searches of to prevent offences, damage etc. 38
Vehicle, search of for things relevant to offence 38
Place, entry of to establish protected forensic area for serious offence 40
Div 3
Powers with a search warrant
Division 3 — Powers with a search warrant
Search warrant, application for 41
Search warrant, issue of 42
Search warrant, effect of 43
Search warrant, ancillary powers under 45
Search warrant, execution of 48
Div 4
Protected forensic areas
Division 4 — Protected forensic areas
Protected forensic area, establishment of 48
Protected forensic area, powers in relation to 49
Protected forensic area, continuance of 51
Protected forensic area, review of need for 54
Part 6
Obtaining business records
Part 6 — Obtaining business records
Terms used 56
Application of this Part 56
Order to produce, application for 56
Order to produce, issue of 57
Order to produce, service of 58
Order to produce, effect of 58
Produced records, powers in respect of 58
Part 7
Gaining access to data controlled by suspects
Part 7 — Gaining access to data controlled by suspects
Terms used 60
Data access order, application for 60
Data access order, issue of 61
Data access order, service of 62
Data access order, effect of 62
Part 7A
Use of metal detectors without warrant in designated areas
Part 7A — Use of metal detectors without warrant in designated areas
61A. Terms used 64
Division 2 — Declaration of designated areas
61B. Declaration of designated areas 65
Division 3 — Powers in public places within designated areas
61C. Use of metal detectors 66
61D. Requirements if metal detector indicates metal 66
61E. Requirements for use of metal detectors 67
Division 4 — Miscellaneous
61F. Annual report to Minister on this Part 68
61G. Review of Part 68
Part 8
Searching people
Part 8 — Searching people
Terms used 69
Basic search, meaning of 69
Strip search, meaning of 69
Searches, ancillary powers for 70
How searches must be done 71
Division 2 — General powers to search people
Warrant not required to exercise this Division’s powers 71
Searching people for things relevant to offences 71
69A. Searching people for things relevant to prohibited behaviour orders 72
69B. Searching people for things relevant to interim control orders or control orders 72
People and vehicles in public places, search of for security purposes 73
Division 3 — How searches must be done
Basic search or strip search, rules for doing 75
Basic search, additional rules for doing 76
Strip search, additional rules for doing 76
Part 9
Forensic procedures on people
Part 9 — Forensic procedures on people
Terms used 78
Non‑intimate forensic procedure, meaning of and powers for 81
Intimate forensic procedure, meaning of and powers for 82
Internal forensic procedure, meaning of and powers for 83
Forensic procedures, purpose of 84
How forensic procedures must be done 84
Division 2 — Forensic procedures on volunteers
Term used: volunteer 84
Volunteer for forensic procedure to be informed 85
When forensic procedure may be done on volunteer 86
Division 3 — Forensic procedures on deceased people
Forensic procedures on deceased people 87
Division 4 — Forensic procedures on victims and witnesses
Request to adult to undergo forensic procedure 87
Request for protected person to undergo forensic procedure 89
Request and giving of information to be recorded 90
Forensic procedure, when it may be done 90
Consent may be withdrawn 92
Officer may apply for FP warrant (involved person) 92
FP warrant (involved person), application for 93
FP warrant (involved person), issue and effect of 95
Div 5
Forensic procedures on suspects
Division 5 — Forensic procedures on suspects
Request to adult to undergo forensic procedure 97
Request for protected person to undergo forensic procedure 98
Request and giving of information to be recorded 100
Forensic procedure, when it may be done 100
Consent may be withdrawn 102
Application for approval or FP warrant (suspect) 102
Non‑intimate forensic procedure on adult, application for approval to do 103
Non‑intimate forensic procedure on adult, senior officer may approve 104
FP warrant (suspect), application for 105
FP warrant (suspect), issue and effect of 107
Div 6
How forensic procedures must be done
Division 6 — How forensic procedures must be done
General requirements 109
Gender of people doing forensic procedures 110
Who may do forensic procedure 111
Samples, things etc., how to be taken 114
Div 7
Dealing with things found during a forensic procedure
Division 7 — Dealing with things found during a forensic procedure
Things found by chance during forensic procedure 115
Things found may be seized and examined 115
Div 8
Admissibility of certain evidence
Division 8 — Admissibility of certain evidence
Evidence of refusal of consent etc. 116
Evidence of how procedure was done 116
Part 10
Provisions about searches and forensic procedures on people
Part 10 — Provisions about searches and forensic procedures on people
Term used: body search 118
Body searches and forensic procedures may be repeated 118
People not obliged to do searches etc. 118
Forensic information, use and destruction of 119
Disclosure of photographs obtained under Part 8 or 9 119
Legal protection for people carrying out searches etc. 121
Part 11
Interviewing suspects
Part 11 — Interviewing suspects
Terms used 123
Interviews, conduct of 123
Recorded interview to be made available to suspect 124
Admission in serious case inadmissible unless recorded 124
Recording admitted as evidence, jury may play 125
Recordings of interviews, possession etc. restricted 126
Recorded interview, broadcast prohibited 128
Recordings, court may give directions as to supply etc. 128
Recordings to be retained by police and CCC 128
Recordings may be played for teaching purposes 129
Part 12
Arrest and related matters
Part 12 — Arrest and related matters
Terms used 130
Proceedings by summons etc. not prevented 131
Division 2 — Arrest without an arrest warrant
Arrest warrant not required to exercise this Division’s powers 131
Arrest power for offences 131
Division 3 — Ancillary powers to making an arrest
Warrant not required to exercise this Division’s powers 132
Occupier’s rights if place entered 133
Powers exercisable on search under this Division 133
Places may be entered and vehicles may be stopped 133
Places and vehicles of certain arrested suspects may be searched for evidence 134
Escapees, additional powers to aid recapture 137
Division 4 — Searches of people in custody for security purposes
Certain people in custody may be searched 138
Division 5 — Dealing with arrested people
Young Offenders Act 1994 not affected 141
Arrested people, rights of 141
Arrested suspects, rights of 142
Arrested suspects, detention of 143
Detention period for arrested suspects 144
Reasonable period of detention, factors determining 147
Arrested suspects, charging and releasing 148
Other arrested people, dealing with 151
Division 6 — Miscellaneous
Possession of warrant at time of arrest not necessary 151
Part 13
Seizing things and related matters
Part 13 — Seizing things and related matters
Application 153
Things relevant to offence, grounds for seizing 153
Seizing things, ancillary powers 153
Records relevant to offence 155
Records, powers to facilitate seizing 155
Seized things, list to be supplied on request 156
Privileged material, procedure on seizure of 157
Criminal and Found Property Disposal Act 2006 applies 159
Part 14
Miscellaneous
Part 14 — Miscellaneous
Division 1 — Offences
152A. Terms used 160
Order by officer, offence to not obey 160
153A. Harm to animals being used in execution of law enforcement duties 161
153B. Harm to law enforcement animals generally 161
153C. General provisions about reasonable excuse for offences under s. 153A or 153B 162
153D. Reasonable excuse includes self‑defence for offences under s. 153A or 153B 163
153E. Compensation order relating to offences under s. 153A or 153B 164
Division 2 — General
Evidence obtained improperly 165
Inadmissible evidence, court may allow admission 165
Regulations 166
Review of Act 167
More sections below
Source text: opening excerpt
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Criminal Investigation Act 2006
Western Australia
Criminal Investigation Act 2006
Contents
Part 1 — Preliminary
Short title 2
Commencement 2
Terms used 2
Reasonably suspects, meaning of 6
Thing relevant to offence, meaning of 6
5A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies 7
Other written laws, this Act’s relationship with 7
Common law, this Act’s relationship with 7
8A. Authority required for some investigations 8
Officer’s powers as individual not affected 8
Public officers may be authorised to exercise powers 8
Informing people who do not understand English 9
Officers’ duty to identify themselves 9
Delegation by officers 10
Warrants and orders, applying for 10
Part 2 — Ancillary provisions about exercising powers
When powers may be exercised 13
Assistance to exercise powers 13
Force, use of when exercising powers 14
Animals, use of by officers exercising powers 14
Roadblocks, use of to stop vehicles 14
Stopping vehicles, powers in connection with 16
Power to enter includes power to enter some other places 17
Forensic examination of thing relevant to offence 17
Gender of person, ascertaining 18
Consent to search or procedure, presumption against and withdrawal of 18
Part 3 — Citizens’ powers
Prevention of offences and violence 19
Citizen’s arrest 20
Person in command of vehicle, powers of 21
Part 3 confers limited powers on citizens. Section 24 permits any person to use reasonable force to prevent violence, breaches of the peace, or offences, though entry to premises is prohibited except to prevent unlawful killing. Citizen's arrest is regulated by s.25 for arrestable offences (those carrying imprisonment) or to prevent acts under s.24; the arrester must promptly involve police (s.25(5)). Section 26 grants the person in command of a vehicle powers to frisk search or remove passengers to prevent endangering offences.
Part 4 deals with miscellaneous official powers. Division 1 (ss.26A-27B, inserted by the Police Legislation Amendment Act 2024) authorises move on orders in public places or public transport where an officer reasonably suspects violence, breach of the peace, obstruction, or intention to offend (s.27(1)). Orders may require departure, distance, or exclusion for up to 24 hours (s.27(2)), must consider impact on the recipient's residence, work, and essential services (s.27(3)), and must be given in an approved form (s.27(6)). Non-compliance with directions to facilitate the order carries a $6 000 penalty (s.27A(3)). Division 2 requires officers to inform volunteers or companions of their rights (s.28).
Part 5 is the longest and most intricate, regulating entry and search of places and vehicles. Division 1 sets interpretive rules for multi-occupier premises (s.29) and consent searches (s.30), while preserving occupiers' rights to be informed, to observe, and to receive copies of warrants (s.31). Division 2 lists warrantless powers: searching public open areas (s.33), keeping order in public places (s.34), preventing violence (s.35), attending to the dead or injured (s.36), investigating serious events such as explosions (s.37), preventing out-of-control gatherings (ss.38A-38C, with offences carrying up to 3 years' imprisonment in aggravated circumstances), searching vehicles to prevent offences (s.38), searching vehicles for things relevant to offences (s.39), and entering to establish protected forensic areas for serious offences (s.40, defined in s.40(1) as offences carrying 5 years or more).
Division 3 governs searches under warrant. Applications must comply with s.13 and contain detailed grounds (s.41). Warrants are issued by a JP if reasonable grounds exist (s.42) and authorise entry, search, seizure, and ancillary powers (ss.43-44). Execution must generally occur between 6 am and 9 pm (s.43(6)), be recorded where practicable (s.45(2)), and comply with occupiers' rights (s.45(1)). Division 4 creates protected forensic areas (s.46), confers powers to secure them and order compliance (s.47, with offences of $12 000 and 12 months for unauthorised entry or disturbance), regulates their duration (s.48, with 6-hour limits where consent is refused), and provides Magistrates Court review (s.49).
Part 6 enables orders to produce business records (ss.50-56). Applications are made to a JP (s.52) and must exclude the suspect (s.51). Non-compliance attracts $12 000 and 12 months' imprisonment (s.55).
Part 7 permits data access orders for devices in the lawful possession of investigators where the suspect has relevant knowledge (ss.57-61). Breach is a crime punishable by 5 years' imprisonment (s.61(2)).
Part 7A (inserted 2024) authorises declaration of designated areas (s.61B, limited to 3 km² and 12 hours) and warrantless use of metal detectors in public places within them (s.61C), with follow-up powers if metal is detected (s.61D). Non-compliance carries 12 months' imprisonment and a $12 000 fine (ss.61C(2), 61D(3)). Annual reporting and a 3-year statutory review are mandated (ss.61F-61G).
Part 8 regulates personal searches. Basic searches (s.63) and strip searches (s.64) are defined; ancillary powers include detention and seizure (s.65). Rules for conduct (s.70) require identification, explanation, and minimal intrusion. Additional rules apply to basic (s.71) and strip searches (s.72, requiring same-gender officers except for doctors/nurses and reasonable privacy). Warrantless searches for things relevant to offences are permitted (s.68), as are searches linked to prohibited behaviour orders (s.69A) or control orders (s.69B), and security searches in public places (s.69).
Part 9 governs forensic procedures (non-intimate, intimate, or internal – ss.74-76). Purposes are limited to locating things or evidence relevant to an offence (s.77); they cannot be used for identification particulars without separate authority (s.77(3)). Strict informed consent rules apply to volunteers (ss.79-81), victims/witnesses (ss.83-90), and suspects (ss.91-100), with FP warrants available where consent is refused (ss.89-90, 99-100). Procedures must be performed by qualified persons of the correct gender (ss.101-103), using the least painful method (s.104). Incidental findings may be seized (ss.105-106). Evidence of refusal is generally inadmissible (s.107), and the manner of performance may be proved to rebut allegations of irregularity (s.108).
Part 10 contains overarching rules: body searches and procedures may be repeated (s.110), no one is obliged to assist (s.111), forensic information must be destroyed except with Commissioner or Coroner approval (s.112), photographs may be disclosed only for limited forensic or public interest purposes (s.113), and good-faith actors receive tort immunity (s.114).
Part 11 regulates suspect interviews. Admissions in serious cases are inadmissible unless audiovisually recorded (s.118), with jury access to recordings (s.119). Strict possession, broadcast, and supply rules apply (ss.120-122), with 5-year retention (s.123) and limited teaching use (s.124).
Part 12 governs arrest. Arrest without warrant is permitted for serious offences (defined in s.128(1) to include 5-year+ offences, family violence, and specific breaches) or where release would risk repetition, interference, or harm (s.128(3)). Ancillary powers include entry to arrest (s.132), post-arrest search of premises and vehicles for evidence (s.133, requiring senior officer approval for non-immediate premises), and security searches of persons in custody (s.135). Arrested persons enjoy rights to medical treatment, privacy, communication, and legal advice (ss.137-138). Detention is limited to 6 hours, extendable by senior officer to 12 hours and by magistrate to 20 hours, guided by factors in s.141 (ss.139-140). Charging and release rules are set out in s.142, with reference to the Bail Act 1982.
Part 13 standardises seizure. Grounds are listed in s.146; ancillary powers include securing items in situ (s.147) and reproducing records (s.148). Privileged material triggers a Magistrates Court determination process (s.151). The Criminal and Found Property Disposal Act 2006 applies (s.152).
Part 14 creates offences for disobeying orders (s.153, $12 000/12 months) and, following 2024 amendments, for harming law enforcement animals (ss.153A-153B, up to 10 years, with reasonable excuse and self-defence provisions in ss.153C-153D and compensation orders under s.153E). Evidence obtained improperly is inadmissible unless the court exercises discretion under s.155 after weighing factors (s.154). Regulation-making power (s.156) and a 5-year review requirement (s.157) are included. Part 15 validates the "serious offence" definition for the period 7 April 2020 onward (s.158).
In aggregate, the Act replaces piecemeal common law and statutory powers with a single, rights-sensitive code that prioritises audiovisual recording, informed consent, independent oversight (senior officer or judicial approval), and judicial review while conferring broad operational latitude where urgency or public safety justifies departure from ordinary safeguards.
Who it affects
The Act primarily regulates and empowers "officers" – defined in s.3(1) as police officers or public officers whose offices are prescribed under s.9(1) and who are authorised to investigate or prosecute the relevant offence (s.9(2)). Public officers exercising powers receive the same liability protections as police (s.9(3)). Senior officers (inspectors or above for police; prescribed equivalents for public officers) hold approval and authorisation roles throughout (e.g. ss.18, 38A, 44, 97, 133, 140).
Citizens are both beneficiaries and limited participants. Part 3 confers powers of prevention and arrest (ss.24-25) and vehicle command powers (s.26), but these are tightly circumscribed: no entry to premises except to prevent unlawful killing (s.24(3)), prompt handover to police (s.25(5)), and no implied power to search. Any person may be affected as an occupier (s.3(1)), volunteer (s.79), victim, witness, or "involved person" (s.73). Protected persons – children or incapable persons (s.73) – attract additional safeguards: responsible persons must consent (ss.81, 84, 92), support persons must be present (s.101(4)), and magistrates must consider best interests and maturity (s.90(3)).
Suspects (s.73) are the central focus of Parts 8, 9, 11, and 12. They enjoy rights to be informed of the offence (s.138(2)(a)), cautioned, given access to a lawyer (s.138(2)(c)), and detained only for justified periods (ss.140-141). Arrested suspects must be charged or released promptly (s.142). Victims and witnesses who are "involved persons" may be requested to undergo forensic procedures (ss.83-90); refusal may lead to FP warrants (s.88).
Occupiers of places receive notification, copy-of-warrant, and observation rights (s.31), with remedies if protected forensic areas cause undue inconvenience (s.49). Persons in public places may be subject to move on orders (s.27), metal detector scans in designated areas (s.61C), or security searches (s.69). Business record holders face production orders (Part 6), while persons controlling data storage devices face data access orders (Part 7).
Law enforcement animals and their handlers are protected by new 2024 offences (ss.153A-153B), with compensation available to the Commissioner or relevant agency (s.153E). Courts, magistrates, and JPs exercise oversight functions (ss.13, 42, 49, 90, 100, 151, 155). The Commissioner of Police and CCC retain recordings (s.123) and must report on metal detector use (s.61F). Ultimately, the Act affects every Western Australian who interacts with the criminal justice system, either as investigator, investigated person, or incidental party, while imposing strict compliance obligations on officers to avoid evidentiary exclusion under ss.154-155.
Key duties and rights
Officers' duties are multilayered. Identification is mandatory (s.11); failure to identify or show evidence of office must be remedied as soon as practicable. When requesting consent to search or procedure, officers must inform the person of the power, reason, and right to refuse (s.30(2)), and must treat silence or resistance as non-consent (s.23(1)). Rights of persons accompanying officers must be explained (s.28). For arrested persons, rights to medical treatment, reasonable privacy from media, communication with family, and interpretation are guaranteed (s.137). Suspects additionally receive cautions, advice of the offence, and opportunity to contact a lawyer (s.138).
Force must be no more than reasonably necessary (s.16(1)), may damage property (s.16(2)), but is subject to The Criminal Code Chapter XXVI (s.16(3)). Animals may be used only if trained and necessary, and must not cause unnecessary injury (s.17). Roadblocks require senior officer authorisation or urgency (s.18). Occupiers must be informed before entry where practicable, given warrant copies (omitting the JP's name), and allowed to observe searches unless safety or obstruction concerns exist (s.31).
Forensic procedures require qualified persons (s.103 and tables), correct gender (s.102), least painful methods (s.104), and privacy (s.101(3)). Photographs and information derived are strictly controlled (s.113). Interviews must be recorded; unrecorded admissions in serious cases are inadmissible unless reasonable excuse is proved or the court exercises s.155 discretion (s.118). Recordings may not be broadcast or supplied except under court direction or for defined purposes (ss.120-122).
Rights of protected persons are elevated: responsible persons or support persons must be involved (ss.84, 92, 101(4)), and magistrates must consider maturity and best interests before issuing FP warrants (s.90(3)). Volunteers cannot be compelled (s.81). Persons subject to move on orders must be given the order in approved form after consideration of impact on housing, services, and wellbeing (s.27(3)). Metal detector use must be least invasive, preceded by warning of offence for non-compliance, and limited to reasonable detention (s.61E).
Suspects in custody for security searches (s.135) may be subjected to basic, strip, or (with authority) internal procedures to locate security risk items; seized items must generally be returned on release (s.135(10)). Privileged material seized triggers a dedicated Magistrates Court process (s.151) that can preserve privilege while permitting forensic examination under conditions (s.151(12)).
The Act repeatedly emphasises that powers are additional to, not in derogation of, other laws (s.6(1)(b)), but procedural breaches can render evidence inadmissible unless the court finds admission desirable after weighing the factors in s.155(3).
Penalties and enforcement
The Act creates a suite of specific offences. Failure to obey an officer's order carries a $12 000 fine and 12 months' imprisonment (s.153(1)), though this does not apply to out-of-control gathering orders (s.153(2A)). Non-compliance with a data access order is a crime punishable by 5 years' imprisonment (summary conviction: $24 000/2 years), and self-incrimination is no defence (s.61(3)). Breaching production orders for business records attracts $12 000/12 months (s.55).
Unauthorised entry to or disturbance of a protected forensic area is punishable by $12 000 and 12 months (s.47(7)-(8)). Failure to comply with metal detector requirements or follow-up production of items carries 12 months' imprisonment and a $12 000 fine (ss.61C(2), 61D(3)). New 2024 offences for harming law enforcement animals are serious: killing attracts 10 years (s.153A(1)), aggravated assault or injury 10 years (s.153A(2)), and simple assault or injury 7 years (summary 3 years/$36 000) (s.153A(3)). Parallel offences exist for harming animals on account of their law enforcement role (s.153B). Reasonable excuse (including self-defence where the animal's use was not unreasonable) is a defence with the onus on the accused (ss.153C-153D). Courts may order compensation for treatment, rehabilitation, or replacement of the animal (s.153E).
Evidentiary sanctions are the primary enforcement mechanism. Evidence obtained in breach of the Act is inadmissible unless the accused consents, the court exercises the s.155 discretion (weighing seriousness of offence, breach, intent, probative value, etc.), or the breach arose from a reasonable mistake as to protected person status (s.154). Forensic information must not be unlawfully disclosed (s.113(3), $24 000/2 years) or destroyed without approval (s.112(3)-(4), $12 000/12 months). Unauthorised possession, playing, supply, or copying of interview recordings attracts fines of $5 000 (s.120), while broadcasting carries $12 000/12 months (individuals) or $100 000 (corporations) (s.121).
Internal discipline is reinforced by the requirement to record authorisations (e.g. ss.18(4), 44(4), 97(3), 140(5)), the senior-officer independence rule (ss.44(3), 97(2), 133(4)), and the Commissioner's reporting obligations (s.61F). The statutory review mechanism (s.157, repeated in s.61G for Part 7A) and validation provision (s.158) demonstrate legislative oversight of enforcement efficacy.
How it interacts with other laws
The Act is expressly non-derogatory (s.6(1)). It does not affect The Criminal Code, particularly Chapter XXVI on force (s.6(2)(a)), the Coroners Act 1996 s.32 (s.6(2)(b)), the Young Offenders Act 1994 (s.136), the Bail Act 1982, the Criminal Investigation (Identifying People) Act 2002, or the Criminal and Found Property Disposal Act 2006 (s.152). Where inconsistency arises, the other Act prevails (s.6(3)). Common law constable powers are preserved but must be exercised consistently with the Act (s.7).
Forensic procedures cannot be used to obtain identifying particulars without authority under the Criminal Investigation (Identifying People) Act 2002 (s.77(3)). Interview recording rules interact with the Criminal Procedure Act 2004 service provisions (s.120(2)(d)). Move on orders reference the Criminal Investigation (Identifying People) Act 2002 s.16 for personal details (s.27(5)). Metal detector provisions operate within liquor control precincts (s.61A) and require annual integration with the Commissioner's Financial Management Act 2006 report (s.61F(2)).
Arrest powers for family violence and restraining order breaches (s.128(1)(b)-(c)) intersect with the Restraining Orders Act 1997. High-risk serious offender and sentence administration breaches are now serious offences (s.128(1)(cb)-(cc), inserted by later statutes). The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies to applications (s.5A). Cross-border modifications under the Cross-border Justice Act 2008 alter certain sections (endnotes 1M).
Admissibility of improperly obtained evidence (s.154) supplements the common law discretion and Evidence Act provisions. Compensation orders under s.153E engage Sentencing Act 1995 Pt. 16. The validation in s.158 operates despite s.6 and The Criminal Code s.11, confirming retrospectivity for the "serious offence" definition between 7 April 2020 and the 2023 amending Act's commencement.
Recent changes and why
The Act has been amended frequently to respond to operational gaps, public safety concerns, and judicial or legislative clarification. The Criminal Investigation Amendment (Validation) Act 2023 inserted Part 15 (s.158), validating the inclusion of Restraining Orders Act 1997 s.61(1A) offences within the "serious offence" definition in s.128(1) for the period 7 April 2020 to commencement. This was necessary to cure any doubt arising from drafting history and to ensure arrests and ancillary powers exercised in that period remained lawful.
The Police Legislation Amendment Act 2024 made the most substantial recent additions. Part 4 Division 1 was rewritten to modernise move on orders (ss.26A-27B), adding requirements to consider impact on essential services (s.27(3)), electronic service with consent (s.27B), and a new offence for non-compliance with facilitation directions ($6 000, s.27A(3)). These changes address difficulties in managing transient disorder while protecting vulnerable recipients.
Part 7A was inserted to authorise warrantless metal detector scans in designated areas (ss.61A-61G). Declarations are limited (3 km², 12 hours, senior officer opinion of necessity and efficacy, s.61B), with strict least-invasive rules and warnings (s.61E). Annual reporting (s.61F) and a 3-year review (s.61G) were included to ensure proportionality. The changes respond to rising knife crime in entertainment and public precincts.
The Criminal Investigation Amendment (Protection of Law Enforcement Animals) Act 2024 inserted Division 1 of Part 14 (ss.152A-153E). New crimes target killing or injuring animals used or trained for law enforcement (ss.153A-153B), with aggravated penalties, statutory reasonable excuse and self-defence provisions (ss.153C-153D), and compensation orders (s.153E). These respond to incidents of deliberate harm to police dogs and horses, recognising their operational role and the safety risks to handlers.
Earlier amendments added out-of-control gathering powers (2012), prohibited behaviour order and control order searches (2010-2012), and electronic processes facilitation (2020). Each change has been driven by the need to adapt investigative tools to contemporary threats while maintaining the Act's rights-based architecture.
Court challenges and controversies
The source text itself does not record specific judicial decisions; however, the structure of the Act anticipates recurring controversies. The objective "reasonably suspects" test (s.4) and the broad definition of "thing relevant to an offence" (s.5, including non-material matters) have been crafted to withstand challenges to the lawfulness of entry, search, or seizure. Section 154's exclusionary rule, tempered by the s.155 discretion that requires the court to weigh the seriousness of the breach against the seriousness of the offence, reflects legislative awareness of arguments that minor procedural irregularities should not defeat probative evidence.
Protected forensic areas (ss.46-49) have built-in review mechanisms precisely because of the tension between scene preservation and occupiers' property rights. The 6-hour consent or warrant "clock" in s.48(4)-(5), coupled with the inadmissibility presumption (subject to s.155), is designed to prevent indefinite warrantless occupation. Magistrates Court review under s.49 allows aggrieved persons to challenge continuance, with non-disclosure orders available where safety or investigation would be prejudiced (s.49(4)-(6)).
Forensic procedure warrants (ss.90, 100) require the issuing judicial officer to consider the interests of justice and, for protected persons, best interests and maturity. This language invites arguments about proportionality, especially where an internal procedure is sought. The strict gender and qualification tables in s.103, and the privacy rules in s.72, have been written to forestall claims of degrading treatment.
The 2023 validation (s.158) itself indicates prior controversy over the scope of "serious offence" and the lawfulness of arrests made on that basis between 2020 and 2023. By declaring that the expanded definition operated at all material times, and that acts done in reliance upon it are taken to have been lawful, the provision seeks to preclude arguments that evidence or detention was tainted.
Interview recording rules (Part 11) have generated controversy around the meaning of "reasonable excuse" for non-recording (s.118(1)) and the circumstances in which a court may admit unrecorded admissions under s.155. The absolute prohibition on broadcast (s.121) and the tight possession rules (s.120) reflect concerns about prejudicial publicity and defence counsel access.
New animal protection offences (ss.153A-153E) are likely to test the boundaries of "reasonable excuse" and self-defence, particularly the carve-out where the animal's use was unreasonable (s.153D(2)). Compensation orders (s.153E) may raise questions about quantum and the interaction with Sentencing Act 1995 Pt. 16.
Overall, the Act's repeated insistence on written records of authorisations, independent senior officer oversight, and judicial fallback positions demonstrates legislative anticipation of judicial scrutiny. Controversies tend to centre on whether the statutory safeguards were in fact observed rather than on the validity of the powers themselves.
Gotchas
Most practitioners recognise that "reasonably suspects" (s.4) requires both subjective belief and objective reasonableness, but few appreciate that the test explicitly survives subsequent discovery that the grounds were false or non-existent. This prevents later collateral attacks on the validity of the initial suspicion once the power has been exercised.
The presumption against consent (s.23) is absolute: silence or physical resistance equals non-consent. Officers cannot rely on a person's failure to object; they must obtain affirmative, informed consent after full disclosure (s.30(2)). Withdrawal at any time before completion halts the procedure (s.23(2)), triggering the warrant pathway.
Section 31 occupier rights are commonly overlooked. Even where entry is under warrant, the occupier (or nominee) must be allowed to observe unless safety or obstruction is reasonably suspected. Failure to comply with s.31 before or immediately after entry can taint the search. The requirement to leave a notice in unoccupied premises (s.31(5)), including a redacted warrant copy, is a frequent source of evidentiary challenge.
Protected forensic areas (s.46) appear to confer sweeping powers, yet s.47(3) permits exercise of search-warrant powers inside a non-public-open-area forensic area only with senior officer approval before consent or warrant is obtained. The 6-hour "use it or lose it" rule in s.48(4)-(5) where consent is refused or not given is draconian: evidence found after the clock expires is presumptively inadmissible unless a court rules otherwise under s.155. Many investigators assume the forensic area can remain indefinitely once established; the statute says otherwise.
Forensic procedure classifications are technical. Removing an item from a mouth is non-intimate (s.74(1)(f)), but swabbing private parts is intimate (s.75(1)(a)). Internal procedures using x-ray or ultrasound (s.76) require magistrate authorisation even for suspects (s.100). The gender rules in s.102 are strict; only doctors or nurses may perform intimate or internal procedures on the opposite gender. The tables in s.103 further restrict who may swab, take impressions, or remove items.
Data access orders (Part 7) contain a trap: the target person must be shown to have committed the serious offence (s.58(3)(h)) and to have relevant knowledge (s.59(1)(c)). The onus of proving reasonable excuse for non-compliance lies on the accused, and self-incrimination is no defence (s.61(3)).
The 2024 animal offences (ss.153A-153B) apply even where the animal is "trained or maintained for use" – not merely in active deployment. The self-defence provision (s.153D) does not apply if the accused was committing an unlawful act and the animal's handler was the occupier of the place entered (s.153D(3)). Compensation can be ordered for future re-training costs (s.153E(1)(b)), an unusual forward-looking remedy.
Finally, s.154's exclusionary rule is broader than many realise: it catches any "requirement of this Act" that arises before, during, or after the exercise of power. A post-search failure to supply a seized-things list on request (s.150) or to keep a recording in safe custody (s.123) can, in theory, render derivative evidence inadmissible. The s.155 discretion is not a safety net; the court must affirmatively find that desirability outweighs undesirability after considering the s.155(3) factors, and probative value alone is insufficient (s.155(4)).
How to comply
Compliance for officers begins with thorough documentation. Every authorisation by a senior officer (ss.18(4), 44(4), 97(3), 133(5), 140(5)) must be recorded contemporaneously with reasons, time, and grounds. Applications for warrants or orders must contain all matters listed in ss.41(3), 52(3), 58(3), 89(3), 99(3); omissions invite refusal and potential s.154 challenges.
When exercising powers, officers must identify themselves (s.11), explain the reason and statutory basis (s.31(2)), and, where consent is sought, fully inform the person of the right to refuse (ss.30(2), 80, 83, 91). For searches of persons, the least intrusive method must be used (s.70(2)(b)), gender rules observed (ss.71-72, 102), and the person allowed to dress immediately (s.70(2)(d)). Strip searches require reasonable suspicion of necessity (s.72(2)) and must occur in private with minimal people present (s.72(3)).
Forensic procedures must be performed only by qualified persons listed in the s.103 tables. Buccal swabs or blood samples taken incidentally must not be used for identification without Criminal Investigation (Identifying People) Act 2002 authority (s.77(3)). All requests for consent from protected persons require involvement of a responsible person, and any refusal or withdrawal immediately ends the consensual pathway (ss.87, 95).
Interviewing requires audiovisual recording wherever practicable (s.118). The suspect must be cautioned, informed of the offence, and given access to a lawyer before substantive questioning (s.138). Recordings must be retained for at least 5 years (s.123) and supplied to the defence within 14 days of charge (s.117(1)). Possession, copying, or broadcast outside the authorised categories is an offence (ss.120-121).
Seizure must be grounded in s.146; privileged material triggers the s.151 Magistrates Court process rather than immediate examination. Seized things lists must be supplied on request (s.150), and forensic information destroyed only with Commissioner or Coroner approval (s.112).
For move on orders, officers must consider impact on housing, work, and services (s.27(3)) and use the approved form (s.27(6)). Metal detector deployments require senior officer declaration, written reasons, and ratification where applicable (s.61B), plus annual statistical reporting (s.61F).
Agencies should maintain standard operating procedures that mirror the statutory language, conduct regular training on gender rules, consent presumptions, and the s.155 factors, and audit compliance with recording and approval requirements. Where doubt exists about a power's availability (e.g. whether a place is "public open area" or whether urgency justifies warrantless action), the safest course is to obtain a warrant under the detailed s.13 procedure, which permits remote communication and unsworn applications in genuine emergencies (s.13(4)-(6)).
Legal practitioners advising clients should scrutinise every step of the investigative chain for compliance with identification, information, consent, gender, recording, and time-limit rules. A single breach – even one occurring after the primary evidence was obtained – can engage s.154 and require the prosecutor to justify admission under s.155. Early identification of such breaches is often the most effective compliance and defence strategy.
27A. Directions for purposes of giving move on orders 25
27B. Method of giving move on orders 26
Division 2 — Miscellaneous
Persons accompanying officers to be informed of rights 27
Part 5 — Entering and searching places and vehicles
Division 1 — General
Places with 2 or more occupiers, interpretation 28
Entry and search with occupier’s consent 28
Occupier’s rights 28
Division 2 — Powers without a search warrant
32A. Terms used 30
Warrant not required to exercise this Division’s powers 31
Public open area, search powers in 31
Public place, entry to keep order in 31
Place or vehicle, entry of to prevent violence 31
Place or vehicle, entry of to attend to dead or seriously ill or injured person 32
Place or vehicle, entry of to investigate serious event 33
38A. Authorisation to enter place or vehicle to prevent or disperse out‑of‑control gathering 34
38B. Entry of place or vehicle to prevent or disperse out‑of‑control gathering 35
38C. Offence not to comply with order relating to out‑of‑control gathering 37
Vehicle, searches of to prevent offences, damage etc. 38
Vehicle, search of for things relevant to offence 38
Place, entry of to establish protected forensic area for serious offence 40
Division 3 — Powers with a search warrant
Search warrant, application for 41
Search warrant, issue of 42
Search warrant, effect of 43
Search warrant, ancillary powers under 45
Search warrant, execution of 48
Division 4 — Protected forensic areas
Protected forensic area, establishment of 48
Protected forensic area, powers in relation to 49
Protected forensic area, continuance of 51
Protected forensic area, review of need for 54
Part 6 — Obtaining business records
Terms used 56
Application of this Part 56
Order to produce, application for 56
Order to produce, issue of 57
Order to produce, service of 58
Order to produce, effect of 58
Produced records, powers in respect of 58
Part 7 — Gaining access to data controlled by suspects
Terms used 60
Data access order, application for 60
Data access order, issue of 61
Data access order, service of 62
Data access order, effect of 62
Part 7A — Use of metal detectors without warrant in designated areas
Division 1 — Preliminary
61A. Terms used 64
Division 2 — Declaration of designated areas
61B. Declaration of designated areas 65
Division 3 — Powers in public places within designated areas
61C. Use of metal detectors 66
61D. Requirements if metal detector indicates metal 66
61E. Requirements for use of metal detectors 67
Division 4 — Miscellaneous
61F. Annual report to Minister on this Part 68
61G. Review of Part 68
Part 8 — Searching people
Division 1 — Preliminary
Terms used 69
Basic search, meaning of 69
Strip search, meaning of 69
Searches, ancillary powers for 70
How searches must be done 71
Division 2 — General powers to search people
Warrant not required to exercise this Division’s powers 71
Searching people for things relevant to offences 71
69A. Searching people for things relevant to prohibited behaviour orders 72
69B. Searching people for things relevant to interim control orders or control orders 72
People and vehicles in public places, search of for security purposes 73
Division 3 — How searches must be done
Basic search or strip search, rules for doing 75
Basic search, additional rules for doing 76
Strip search, additional rules for doing 76
Part 9 — Forensic procedures on people
Division 1 — Preliminary
Terms used 78
Non‑intimate forensic procedure, meaning of and powers for 81
Intimate forensic procedure, meaning of and powers for 82
Internal forensic procedure, meaning of and powers for 83
Forensic procedures, purpose of 84
How forensic procedures must be done 84
Division 2 — Forensic procedures on volunteers
Term used: volunteer 84
Volunteer for forensic procedure to be informed 85
When forensic procedure may be done on volunteer 86
Division 3 — Forensic procedures on deceased people
Forensic procedures on deceased people 87
Division 4 — Forensic procedures on victims and witnesses
Request to adult to undergo forensic procedure 87
Request for protected person to undergo forensic procedure 89
Request and giving of information to be recorded 90
Forensic procedure, when it may be done 90
Consent may be withdrawn 92
Officer may apply for FP warrant (involved person) 92
FP warrant (involved person), application for 93
FP warrant (involved person), issue and effect of 95
Division 5 — Forensic procedures on suspects
Request to adult to undergo forensic procedure 97
Request for protected person to undergo forensic procedure 98
Request and giving of information to be recorded 100
Forensic procedure, when it may be done 100
Consent may be withdrawn 102
Application for approval or FP warrant (suspect) 102
Non‑intimate forensic procedure on adult, application for approval to do 103
Non‑intimate forensic procedure on adult, senior officer may approve 104
FP warrant (suspect), application for 105
FP warrant (suspect), issue and effect of 107
Division 6 — How forensic procedures must be done
General requirements 109
Gender of people doing forensic procedures 110
Who may do forensic procedure 111
Samples, things etc., how to be taken 114
Division 7 — Dealing with things found during a forensic procedure
Things found by chance during forensic procedure 115
Things found may be seized and examined 115
Division 8 — Admissibility of certain evidence
Evidence of refusal of consent etc. 116
Evidence of how procedure was done 116
Part 10 — Provisions about searches and forensic procedures on people
Term used: body search 118
Body searches and forensic procedures may be repeated 118
People not obliged to do searches etc. 118
Forensic information, use and destruction of 119
Disclosure of photographs obtained under Part 8 or 9 119
Legal protection for people carrying out searches etc. 121
Part 11 — Interviewing suspects
Terms used 123
Interviews, conduct of 123
Recorded interview to be made available to suspect 124
Admission in serious case inadmissible unless recorded 124
Recording admitted as evidence, jury may play 125
Recordings of interviews, possession etc. restricted 126
Recorded interview, broadcast prohibited 128
Recordings, court may give directions as to supply etc. 128
Recordings to be retained by police and CCC 128
Recordings may be played for teaching purposes 129
Part 12 — Arrest and related matters
Division 1 — Preliminary
Terms used 130
Proceedings by summons etc. not prevented 131
Division 2 — Arrest without an arrest warrant
Arrest warrant not required to exercise this Division’s powers 131
Arrest power for offences 131
Division 3 — Ancillary powers to making an arrest
Warrant not required to exercise this Division’s powers 132
Occupier’s rights if place entered 133
Powers exercisable on search under this Division 133
Places may be entered and vehicles may be stopped 133
Places and vehicles of certain arrested suspects may be searched for evidence 134
Escapees, additional powers to aid recapture 137
Division 4 — Searches of people in custody for security purposes
Certain people in custody may be searched 138
Division 5 — Dealing with arrested people
Young Offenders Act 1994 not affected 141
Arrested people, rights of 141
Arrested suspects, rights of 142
Arrested suspects, detention of 143
Detention period for arrested suspects 144
Reasonable period of detention, factors determining 147
Arrested suspects, charging and releasing 148
Other arrested people, dealing with 151
Division 6 — Miscellaneous
Possession of warrant at time of arrest not necessary 151
Part 13 — Seizing things and related matters
Application 153
Things relevant to offence, grounds for seizing 153
Seizing things, ancillary powers 153
Records relevant to offence 155
Records, powers to facilitate seizing 155
Seized things, list to be supplied on request 156
Privileged material, procedure on seizure of 157
Criminal and Found Property Disposal Act 2006 applies 159
Part 14 — Miscellaneous
Division 1 — Offences
152A. Terms used 160
Order by officer, offence to not obey 160
153A. Harm to animals being used in execution of law enforcement duties 161
153B. Harm to law enforcement animals generally 161
153C. General provisions about reasonable excuse for offences under s. 153A or 153B 162
153D. Reasonable excuse includes self‑defence for offences under s. 153A or 153B 163
153E. Compensation order relating to offences under s. 153A or 153B 164
Division 2 — General
Evidence obtained improperly 165
Inadmissible evidence, court may allow admission 165
Regulations 166
Review of Act 167
Part 15 — Validation
Validation relating to definition of serious offence in s. 128(1) 168
Notes
Compilation table 170
Editorial changes table 173
Uncommenced provisions table 173
Other notes 174
Defined terms
Western Australia
Criminal Investigation Act 2006
An Act to provide powers for the investigation and prevention of offences and for related matters.
Part 1 — Preliminary
1. Short title
This is the Criminal Investigation Act 2006.
2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different provisions.
3. Terms used
(1) In this Act, unless the contrary intention appears —
area associated with a dwelling means —
(a) if the dwelling is one of 2 or more dwellings in one building, the parts of the building and any area around the building that the occupiers of the dwellings use exclusively but in common with each other; or
(b) otherwise, the area around the dwelling that is used exclusively by the occupier, such as a driveway, garden or yard;
arrest warrant means a warrant issued under another written law for the arrest of a person;
basic search of a person, means a search that complies with section 63;
disturb includes to damage, destroy, interfere with and remove;
DPP means the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1991;
dwelling means a place or a part of a place that is ordinarily used for human habitation and it does not matter that it is from time to time uninhabited;
forensic examination, in relation to a thing, has a meaning affected by section 21;
forensic procedure has the meaning given to that term by section 73;
frisk search a person, means to quickly and methodically run the hands over the outside of the person’s clothing;
impression includes a cast;
mobile home means a vehicle —
(a) that is ordinarily used for human habitation; and
(b) that is permanently or semi‑permanently stationary in a single location;
occupier of a place, includes any person who appears to have the control or management of the place;
offence means any offence under a written law;
officer means a police officer or a public officer or both, as the case requires;
official details —
(a) of a police officer — means the officer’s surname and rank and, if the officer’s official details are required to be stated on a document, the officer’s registered number;
(b) of a public officer — means the officer’s full name and official title;
photograph includes a digital image and a moving visual record;
place means any land, building, structure, tent or mobile home or a part of any land, building, structure, tent or mobile home;
prescribed means prescribed by regulations made under this Act;
private parts, in relation to a person, means the person’s genital area, anal area and buttocks and, in the case of a female or person identifying as female, includes the person’s breasts;
protected forensic area means a protected forensic area established in accordance with section 46;
public officer means a person, other than a police officer, appointed under a written law to an office that is prescribed under section 9(1);
public open area means —
(a) an area that is part of a road open to and used by the public; or
(b) an area of land —
(i) to which the public has access, whether on payment or not; and
(ii) on which there is no building, structure, tent or mobile home,
and it does not matter if the area is the whole or a part of a surveyed lot or of an unsurveyed piece of land, or, if the area is part of such a lot, there is a building, structure, tent or mobile home on some other part;
Example for this definition:
Under paragraph (b), an area of bush in a national park is a public open area but a building in the park is not.
public place includes —
(a) a place to which the public, or any section of the public, has or is permitted to have access, whether on payment or not; and
(b) a place to which the public has access with the express or implied approval of, or without interference from, the occupier of the place; and
(c) a school, university or other place of education, other than a part of it to which neither students nor the public usually has access;
reasonably suspects has the meaning given by section 4;
record means any record of information, irrespective of how the information is recorded or stored or able to be recovered and includes —
(a) any thing from which images, sounds or writings can be reproduced, with or without the aid of anything else; and
(b) any thing on which information is recorded or stored, whether electronically, magnetically, mechanically or by some other means;
remote communication means any way of communicating at a distance including by telephone, fax, email and radio;
search warrant means a search warrant issued under Part 5 Division 3;
senior poli
This is an opening excerpt, not the complete document.