Western Australia
Spear-guns Control Act 1955
Reprint 4: The Act as at 21 November 2003
What the reprint includes
Endnotes, Compilation table
1.Details about the original Act and legislation that has amended its text are shown in the Compilation table
2.Validation, transitional, savings, or other provisions identified in the Compilation table
3.A table
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a section that was inserted, or has been amended, since the Act being reprinted was passed, editorial notes at the foot of the section give some history of how the section came to be as it is. If the section replaced an earlier section, no history of the earlier section is given (the full history of the Act is in the Compilation table
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
•removed (because it was repealed or deleted from the law); or
•omitted under the Reprints Act 1984 s. 7(4) (
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table
Reprint numbering and date
1.The reprint number (in the footer of each page of the document) shows how many times the Act has been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the Act was passed. Reprint numbering was implemented as from 1 January 2003.
2.The information in the reprint is current on the date shown as the date as at which the Act is reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.
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Western Australia
Spear-guns Control Act 1955
CONTENTS
1.Short title1
2.Commencement1
3.Interpretation1
4.Offences2
5.Power to proclaim prohibited areas 24
6.Presumption of proof of prohibited area4
7.Powers of inspectors5
8.Regulations5
Notes
Compilation table6
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Reprinted under the Reprints Act 1984 as |
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Western Australia
Spear‑guns Control Act 1955
An Act to control the use of spear guns.
This Act may be cited as the Spear‑guns Control Act 1955 1.
This Act shall come into operation on a day to be fixed by proclamation 1.
In this Act unless the context requires otherwise —
“Inspector” means any member of the Police Force of the State and any fisheries officer referred to in the Fish Resources Management Act 1994, and in the application of this Act
“prohibited area” means an area proclaimed as an area in which the use of spear‑guns is prohibited;
“spear” means a spear or similar instrument or thing capable of being discharged or propelled from a spear‑gun;
“spear‑gun” means any mechanism or instrument from which a spear can be discharged or propelled and includes the spear;
“to load” means to fit a spear to a spear‑gun, and inflections and derivatives of the verb, to load, have correlative meanings.
[Section 3 amended by No. 11 of 1965 s. 2; No. 53 of 1994 s. 264; No. 14 of 1996 s. 4.]
(1)Each of the matters stated in the first column of the following table
Table
(2)The Court may, in addition to inflicting a penalty for an offence against this Act, make such order as to the disposal of any spear‑gun to which the offence is related, as the Court thinks fit.
[Section 4 amended by No. 113 of 1965 s. 8; No. 94 of 1972 s. 4.]
5.Power to proclaim prohibited areas 2
From time to time the Governor may by proclamation declare areas to be prohibited areas and may from time to time by subsequent proclamation cancel in whole or part absolutely a declaration so made or substitute another declaration for the whole or part cancelled.
6.Presumption of proof of prohibited area
Where in a complaint of an offence against this Act there is an averment that an act or omission occurred, within a prohibited area, courts and persons acting judicially shall, on the act or omission being proved, presume, in absence of proof to the contrary, that it occurred within the prohibited area as averred.
Any inspector may, without the necessity of any warrant other than this section —
(a)question any person whom he
(b)arrest any person whom he
(c)examine any spear‑gun with a view to ascertaining whether it is safe or fit for use;
(d)seize and take possession of any spear‑gun or spear which appears to the inspector to be unsafe and prohibit its further use until it has been rendered safe; and
(e)seize any spear‑gun or spear as to which there are reasonable grounds for believing that it will afford evidence as to the commission of an offence against this Act and take it before any 2 justices to be dealt with according to law.
(1)The Governor may make regulations which appear to him
(2)The regulations may prescribe a penalty not exceeding $40 for a breach of the regulations.
[Section 8 amended by No. 113 of 1965 s. 8.]
Notes
1This reprint is a compilation as at 21 November 2003 of the Spear-guns Control Act 1955 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
2Spear‑guns Control Act 1955 s. 5. See Gazette 23 Dec 1955 p. 3
3The Schedule to the Metric Conversion Act 1972 was redesignated as the First Schedule by the Metric Conversion Amendment Act 1973.
By Authority: JOHN A. STRIJK, Government Printer