Western Australian Numbered Acts

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WORKING WITH CHILDREN (CRIMINAL RECORD CHECKING) ACT 2004 (NO. 65 OF 2004) - SECT 7

7 .         Meaning of “Class 1 offence” and “Class 2 offence”

        (1)         A "Class 1 offence" is —

            (a)         an offence against a provision listed in Schedule 1 (if the offence complies with any condition specified in that Schedule relating to the age of the victim);

            (b)         an offence under a law of another jurisdiction the elements of which, if they had occurred in Western Australia, would have constituted an offence of a kind referred to in this subsection;

            (c)         an offence under a law of another jurisdiction that is prescribed by the regulations to be a Class 1 offence;

            (d)         an offence that, at the time it was committed —

                  (i)         was a Class 1 offence for the purposes of this Act; or

                  (ii)         in the case of an offence committed before the commencement of this section — was an offence of a kind referred to in this subsection.

        (2)         A "Class 2 offence" is —

            (a)         an offence against a provision listed in Schedule 2 (if the offence complies with any condition specified in that Schedule relating to the age of the victim);

            (b)         an offence under a law of another jurisdiction the elements of which, if they had occurred in Western Australia, would have constituted an offence of a kind referred to in this subsection;

            (c)         an offence under a law of another jurisdiction that is prescribed by the regulations to be a Class 2 offence;

            (d)         an offence of attempting, or of conspiracy or incitement, to commit an offence of a kind referred to in this subsection or subsection (1);

            (e)         an offence that, at the time it was committed —

                  (i)         was a Class 2 offence for the purposes of this Act; or

                  (ii)         in the case of an offence committed before the commencement of this section — was an offence of a kind referred to in this subsection.



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