📜 Criminal Law (Unlawful Consorting and Prohibited Insignia) Bill 2021

Assented toLABill 5114 October 2021

This bill aims to combat serious and organised crime by making consorting between certain offenders unlawful, prohibiting the display of insignia of identified criminal organisations in public, and empowering police to issue dispersal notices to members of these organisations.

Impact

The bill affects offenders, members of identified organisations, and the WA Police Force. It aims to reduce intimidation and violence from organised crime, but may also impact freedom of association.

Key Changes

["Introduces an unlawful consorting scheme.", "Criminalises the display of insignia of identified organisations in public places.", "Allows police to issue dispersal notices to members of identified organisations."]

Parliamentary Progress

LA IntroducedLA14 Oct 2021
LA Second Reading MovedLA14 Oct 2021
LA Second Reading AgreedLA9 Nov 2021
LA Consideration in DetailLA16 Nov 2021
LA Third ReadingLA18 Nov 2021
LC Second Reading MovedLC18 Nov 2021
LC Second Reading AgreedLC2 Dec 2021
LC Third ReadingLC7 Dec 2021
Royal Assent13 Dec 2021

Affected Sectors

justiceemergency_servicespublic_sector

Penalty Provisions6 found

criminal

s. 17(1)Criminalcross reference

Offence of consorting contrary to unlawful consorting notice

Ref: section 17(1)

“17. Offence of consorting contrary to unlawful consorting notice (1) A restricted offender commits a crime if the restricted offender consorts with a named offender on 2 or more occasions after an unlawful consorting notice has been served on the restricted offender.”

s. 20Criminalcross reference

Offence of failure to comply with directions of police officer

Ref: section 20

“20. Offence of failure to comply with directions of police officer (1) A person commits an offence if the person fails to comply with a direction given by a police officer under section 19(2)(b).”

s. 25(2)Criminalcross reference

Offence of displaying insignia of identified organisation in public place

Ref: section 25(2)

“25. Offence of displaying insignia of identified organisation in public place (1) A person commits an offence if the person displays the insignia of an identified organisation in a public place. (2) A person who commits an offence under subsection (1) is liable to a fine of 120 penalty units or imprisonment for 12 months.”

s. 33Criminalcross reference

Offence of hindering removal or modification of prohibited things under insignia removal notice

Ref: section 33

“33. Offence of hindering removal or modification of prohibited things under insignia removal notice (1) A person commits an offence if the person hinders or obstructs a police officer who is exercising a power under section 34(1)(a) or (b).”

s. 42(1)Criminalcross reference

Offence of consorting contrary to dispersal notice

Ref: section 42(1)

“42. Offence of consorting contrary to dispersal notice (1) A person commits a crime if the person consorts with another person in contravention of a dispersal notice that has been served on the person.”

s. 46Criminalcross reference

Offence of failure to comply with directions of police officer

Ref: section 46

“46. Offence of failure to comply with directions of police officer (1) A person commits an offence if the person fails to comply with a direction given by a police officer under section 45(2)(b).”

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