Prohibited Behaviour Orders Act 2010
Prohibited Behaviour Orders Regulations 2011
Western Australia
Prohibited Behaviour Orders Regulations 2011
Contents
1.Citation1
2.Commencement1
3.Terms used1
4.Offences to be taken to involve anti‑social behaviour (Act s. 3(2))1
5.Firearm items and firearms authorisations given up (Act s. 30(1))1
6.Dealing with firearm items or firearms authorisations given up or seized (Act s. 30(2) and 31)2
7.Claims for firearm items and firearms authorisations2
8.Registrar to provide publication information to CEO3
Schedule 1 — Offences to be taken to involve anti‑social behaviour
Notes
Compilation table11
Defined terms
Prohibited Behaviour Orders Act 2010
Prohibited Behaviour Orders Regulations 2011
These regulations come into operation as follows —
(a)regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)the rest of the regulations — on the day on which the Prohibited Behaviour Orders Act 2010, other than sections 1 and 2, comes into operation.
In these regulations, unless the contrary intention appears —
Act means the Prohibited Behaviour Orders Act 2010;
co‑licensee, of a firearm item in respect of which the constrained person holds a firearms authorisation, means another person who holds a firearms authorisation for that firearm item;
Commissioner means the Commissioner of Police;
section means a section of the Act.
[Regulation 3 amended: SL 2022/189 r. 6.]
4.Offences to be taken to involve anti‑social behaviour (Act s. 3(2))
Each offence —
(a)under a provision listed in Schedule 1 column 1; and
(b)committed in the circumstances, if any, specified in Schedule 1 column 2,
is a prescribed offence for the purposes of section 3(2).
5.Firearm items and firearms authorisations given up (Act s. 30(1))
(1)In this regulation —
prescribed period means —
(a)24 hours; or
(b)a shorter period, if any, ordered by the court under section 30(4).
(2)This regulation applies for the purposes of section 30(1).
(3)Within the prescribed period after he or she is given a PBO described in section 29, or an order varying a PBO so that it becomes a PBO described in section 29, the constrained person must —
(a)if the constrained person holds a firearms authorisation, give it to a police officer at a police station; and
(b)if the constrained person is in physical possession of a firearm item, give it to —
(i)a police officer at a police station; or
(ii)a co‑licensee of the firearm item, if there is one.
[Regulation 5 amended: SL 2022/189 r. 6.]
6.Dealing with firearm items or firearms authorisations given up or seized (Act s. 30(2) and 31)
(1)This regulation applies for the purposes of sections 30(2) and 31.
(2)The firearm item or firearms authorisation must be held in safe custody by the Commissioner until —
(a)in the case of the firearm item —
(i)it is claimed under regulation 7(1) or (2); or
(ii)it can be lawfully disposed of by the Commissioner;
or
(b)in the case of a firearms authorisation —
(i)it is claimed under regulation 7(2); or
(ii)it ceases to be in force under the Firearms Act 1973.
(3)The Firearms Regulations 1974 regulation 11(2) and (3) apply when the Commissioner is holding a firearm item under subregulation (2).
[Regulation 6 amended: SL 2022/189 r. 4 and 6.]
7.Claims for firearm items and firearms authorisations
(1)A co‑licensee may claim a firearm item held by the Commissioner under regulation 6.
(2)A constrained person may, after the PBO ceases to be in force, claim a firearm item or firearms authorisation held by the Commissioner under regulation 6.
(3)A claim made under subregulation (1) or (2) must be made in a form approved by the Commissioner.
(4)Subject to subregulation (5), the Commissioner must give the firearm item or firearms authorisation to the claimant.
(5)This regulation does not prevent the Commissioner from exercising a power under the Firearms Act 1973 section 20.
[Regulation 7 amended: SL 2022/189 r. 5 and 6.]
8.Registrar to provide publication information to CEO
(1)In this regulation —
CEO has the meaning given in section 34(1).
(2)After a court makes a PBO under section 6(2) or 24(2)(b), a registrar must cause to be given to the CEO written notice of the following information relating to the PBO —
(a)the name of the constrained person;
(b)the town or suburb where the constrained person lives;
(c)the constraints imposed by the PBO on the activities and behaviour of the constrained person.
(3)After a court makes an order under section 24(2)(a) varying a PBO, a registrar must cause to be given to the CEO written notice of any changes to information referred to in subregulation (2) relating to the PBO.
(4)After a court makes an order under section 24 cancelling a PBO, a registrar must cause to be given to the CEO written notice of that fact.
[Regulation 8 inserted: Gazette 1 Jul 2011 p. 2725‑6.]
