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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Road Traffic Amendment (Impounding and
Confiscation of Vehicles) Bill 2004
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Section 5 amended 2
5. Section 48 amended 2
6. Division 1 heading inserted in Part V 3
7. Section 51 amended 3
8. Section 60 amended 3
9. Section 62A and Division 2 heading inserted in Part V 4
10. Division 3 heading inserted in Part V 5
11. Section 74 inserted 5
12. Sections 78A and 78B replaced with Division 4 in
Part V 6
13. Section 101 amended 22
14. Unclaimed Money Act 1990 amended 23
15. Road Traffic (Drivers' Licences) Regulations 1975
amended 23
273--2 page i
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Road Traffic Amendment (Impounding and
Confiscation of Vehicles) Bill 2004
A Bill for
An Act to amend the Road Traffic Act 1974 to enable the impounding
and confiscation of vehicles in certain circumstances, and to make
related amendments to the --
· Unclaimed Money Act 1990; and
· Road Traffic (Drivers' Licences) Regulations 1975.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Road Traffic Amendment
(Impounding and Confiscation of Vehicles) Act 2004.
page 1
Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004
s. 2
2. Commencement
This Act comes into operation on a day fixed by proclamation.
3. The Act amended
The amendments in this Act, except in sections 14 and 15, are to
5 the Road Traffic Act 1974*.
[* Reprinted as at 19 October 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 338.]
4. Section 5 amended
10 After section 5(5) the following subsection is inserted --
"
(6) For the purposes of this Act, a person reasonably
suspects that something is the case at a relevant time
if --
15 (a) the person, acting in good faith, personally has
grounds at the time for holding the suspicion;
and
(b) it is reasonable, when judged objectively, for
the person to hold the suspicion on those
20 grounds at the time, even if the grounds are
subsequently found to be false or non-existent
at the time.
".
5. Section 48 amended
25 After section 48(10) the following subsection is inserted --
"
(11) Both the Commissioner of Police and the Director
General have a right to be heard in proceedings in
relation to an application under this section.
30 ".
page 2
Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004
s. 6
6. Division 1 heading inserted in Part V
Before section 49 the following heading is inserted in Part V --
"
Division 1 -- Driving of vehicles: general offences
5 ".
7. Section 51 amended
Section 51(1)(a)(iii) is amended by inserting after "62," --
" 62A, ".
8. Section 60 amended
10 After section 60(1) the following subsections are inserted --
"
(1a) A person who drives a motor vehicle at a speed of
155 km/h or more commits an offence.
(1b) A person who drives a motor vehicle at a speed
15 exceeding the speed limit set under this Act for that
vehicle or the place where the driving occurs by
45 km/h or more commits an offence.
(1c) Despite subsections (1a) and (1b), the driver of a motor
vehicle is not guilty of an offence under those
20 subsections if --
(a) either --
(i) the motor vehicle is being used to
convey a member of the Police Force on
official duty;
25 (ii) the driver is on official duty responding
to a fire or fire alarm;
(iii) the driver is on official duty responding
to an emergency or rescue operation
where it is reasonable to assume that
30 human life is likely to be in danger; or
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Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004
s. 9
(iv) the motor vehicle is an ambulance and
is being used to answer an urgent call or
to convey a person to a place for the
provision of urgent medical treatment;
5 (b) the driver is taking reasonable care; and
(c) the vehicle is displaying a blue or red flashing
light or sounding an alarm unless, in the
circumstances, it is reasonable for a light not to
be displayed or an alarm not to be sounded.
10 ".
9. Section 62A and Division 2 heading inserted in Part V
After section 62 the following section and Division heading are
inserted --
"
15 62A. Causing excessive noise, smoke
A person who wilfully drives a motor vehicle in a
manner that causes --
(a) excessive noise to be made with one or more of
the vehicle's tyres; or
20 (b) smoke to come from one or more of the
vehicle's tyres or a substance on the driving
surface,
commits an offence.
Penalty: 12PU.
25 Division 2 -- Driving of vehicles: alcohol and drug
related offences
".
page 4
Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004
s. 10
10. Division 3 heading inserted in Part V
After section 72 the following heading is inserted in Part V --
"
Division 3 -- General matters as to driving offences
5 ".
11. Section 74 inserted
After section 73 the following section is inserted --
"
74. Representation in proceedings under Part V
10 (1) Both the Commissioner of Police and the Director
General have a right to be heard in proceedings under
section 76.
(2) The Director General has a right to be heard in
proceedings under section 78.
15 (3) The Commissioner of Police has a right to be heard in
proceedings under Division 4.
(4) A person who, under this section, has a right to be
heard in proceedings may be represented by any person
he or she authorises for that purpose.
20 ".
page 5
Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004
s. 12
12. Sections 78A and 78B replaced with Division 4 in Part V
Sections 78A and 78B are repealed and the following Division
is inserted instead in Part V --
"
5 Division 4 -- Impounding and confiscation of vehicles
for driving offences
Subdivision 1 -- Preliminary
78A. Interpretation of Division 4
In this Division --
10 "approved" means approved by the Commissioner;
"circumstances of aggravation" means circumstances
in which --
(a) the vehicle is being used to race another
vehicle;
15 (b) the vehicle is being used in an attempt to
establish or break a speed record;
(c) the speed, or the acceleration, braking or
steering capability, of the vehicle is being
tested or contested in any way;
20 (d) the skill of the vehicle's driver is being
tested or contested in any way;
(e) the vehicle is driven in a manner that causes
smoke to come from one or more of the
vehicle's tyres or a substance on the driving
25 surface; or
(f) the vehicle is driven in a manner that causes
one or more of the vehicle's driving wheels
to lose traction with the driving surface;
"Commissioner" means the Commissioner of Police;
page 6
Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004
s. 12
"hired", in relation to a vehicle, means a vehicle
that --
(a) is owned by a person whose business is the
short term hire of vehicles;
5 (b) is part of the business's fleet; and
(c) under a written agreement, is hired for the
hirer's short term use;
"impounding offence (driver's licence)" means an
offence against section 49(1)(a) that is committed
10 in circumstances in which --
(a) the driver had applied for a driver's licence
and was refused the issue of the licence on a
ground mentioned in section 48(1)(b), (c) or
(f);
15 (b) the driver had held a driver's licence that is
cancelled on a ground mentioned in
section 48(1)(b), (c) or (f); or
(c) the driver had held a driver's licence the
operation of which is suspended on a ground
20 mentioned in section 48(1)(b), (c) or (f);
"impounding offence (driving)" means any of the
following --
(a) an offence against section 59, 59A, 60 or 61
that is committed in circumstances of
25 aggravation;
(b) an offence against section 62A;
"impounding period" --
(a) in relation to a vehicle impounded under
section 79 or 79A, means the period of
30 48 hours starting from the time when the
vehicle was impounded;
(b) in relation to a vehicle impounded on an
order under section 80(1) or 80B(1), means
page 7
Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004
s. 12
the period of impoundment specified in the
order;
"licence holder", in relation to a vehicle, means the
person in whose name the vehicle is licensed under
5 this Act, registered under the Control of Vehicles
(Off-road Areas) Act 1978 or licensed or registered
under a corresponding law of another State or
Territory or the Commonwealth;
"senior officer" means a member of the Police Force
10 who has attained the rank of sergeant or a rank
higher than that of sergeant;
"surrender period", in relation to a vehicle, means the
period specified under section 80F in an order as
the period in which the vehicle is to be surrendered
15 to the Commissioner.
78B. Penalties etc. not affected
(1) The impounding or confiscation of a vehicle under this
Division does not affect or in any way limit a provision
of this Act relating to the imposition of any penalty or
20 disqualification on a person convicted of an offence in
respect of which the vehicle was impounded or
confiscated.
(2) For the purposes of the Sentencing Act 1995 section 8
the fact that a vehicle may be, or has been, impounded
25 or confiscated under this Division is not a mitigating
factor.
78C. Powers for this Division
(1) A member of the Police Force and any person assisting
a member of the Police Force in the exercise of a
30 power under section 79 or 79A may drive, tow or
otherwise convey a vehicle impounded under that
section --
(a) to the place where the vehicle is to be stored; or
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Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004
s. 12
(b) at the place where the vehicle is stored.
(2) A member of the Police Force and any person assisting
a member of the Police Force giving effect to an order
under section 80(1), 80A(1), 80B(1) or 80C(1) may
5 drive, tow or otherwise convey a vehicle that is the
subject of the order --
(a) to the place where the vehicle is to be stored; or
(b) at the place where the vehicle is stored.
(3) A member of the Police Force may seize the keys to a
10 vehicle that is --
(a) impounded under section 79 or 79A; or
(b) the subject of an order under section 80(1),
80A(1), 80B(1) or 80C(1) but which is not
surrendered to the Commissioner within the
15 surrender period.
(4) A member of the Police Force may, without warrant, at
any time, enter any premises for the purpose of --
(a) seizing the keys to a vehicle that is the subject
of an order under section 80(1), 80A(1), 80B(1)
20 or 80C(1) but which is not surrendered to the
Commissioner within the surrender period; or
(b) driving, towing or otherwise conveying such a
vehicle to a place where the vehicle is to be
stored.
25 (5) A person may use reasonable force to exercise a power
given by this section.
(6) The powers that may be exercised under this section
are --
(a) subject to the provisions of an order under
30 section 80(1), 80A(1), 80B(1) or 80C(1); and
(b) in addition to the powers under section 86A.
page 9
Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004
s. 12
78D. Contracts for conveying, storing impounded or
confiscated vehicles
The Commissioner may, on behalf of the State, enter
into a written contract under which the contractor
5 provides services in respect of any of the following --
(a) the driving, towing or otherwise conveying of
vehicles impounded under section 79 or 79A or
that are the subject of orders under
section 80(1), 80A(1), 80B(1) or 80C(1);
10 (b) the storage of such vehicles;
(c) otherwise assisting the Commissioner and
members of the Police Force in the
performance of their respective functions under
this Division.
15 78E. Recovery of impounding expenses
The Commissioner may recover expenses for which a
person is liable under section 79E, 80H or 80K from
that person in a court of competent jurisdiction as a
debt due to the Commissioner.
20 Subdivision 2 -- Impounding of vehicles by police
79. Impounding of vehicles for racing etc.
A member of the Police Force may impound a vehicle
for 48 hours if the member reasonably suspects that --
(a) the driver of the vehicle has committed an
25 impounding offence (driving); and
(b) the vehicle was used in the commission of the
offence.
page 10
Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004
s. 12
79A. Impounding of vehicles for driving without driver's
licence etc.
A member of the Police Force may impound a vehicle
for 48 hours if the member reasonably suspects that --
5 (a) the driver of the vehicle has committed an
impounding offence (driver's licence);
(b) the vehicle was used in the commission of the
offence; and
(c) the driver of the vehicle has previously been
10 convicted of an impounding offence (driver's
licence).
79B. Notice of impounding
(1) The Commissioner is to ensure that, as soon as
practicable after a vehicle is impounded under
15 section 79 or 79A, notice of the impounding is given to
the vehicle's licence holder and, if the driver is not the
vehicle's licence holder, the driver.
(2) The notice is to be in an approved form and contain the
following information --
20 (a) the time when the vehicle was impounded;
(b) the address of the place where the vehicle is
stored;
(c) how, when and to whom the vehicle can be
released;
25 (d) the powers of a court under section 80, 80A,
80B and 80C in relation to the impounding and
confiscation of vehicles.
79C. Senior officer to be informed if vehicle impounded
A member of the Police Force, other than a senior
30 officer, who impounds a vehicle under section 79 or
79A is to inform a senior officer, as soon as practicable
page 11
Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004
s. 12
after the vehicle is impounded, of the grounds on
which the member suspects the matters mentioned in
section 79(a) and (b) or 79A(a) to (c), as is relevant to
the case.
5 79D. Release of impounded vehicles
(1) In this section --
"impounded vehicle" means a vehicle impounded
under section 79 or 79A.
(2) The Commissioner is to ensure that an impounded
10 vehicle is not released before the impounding period
ends unless --
(a) a member of the Police Force is satisfied that,
at the time that the offence in respect of which
the vehicle was impounded was committed, the
15 vehicle was a stolen vehicle or a hired vehicle;
(b) a senior officer is not satisfied, in respect of the
matters mentioned in section 79(a) and (b) or
79A(a) to (c) about which a member of the
Police Force is required to have a suspicion,
20 that there are reasonable grounds for the
member to have that suspicion; or
(c) a senior officer is satisfied that unless the
vehicle is released, exceptional hardship will be
suffered in the particular case.
25 (3) When the impounding period ends, the Commissioner
is to ensure that an impounded vehicle is released on
the application, in an approved manner, of the vehicle's
licence holder.
79E. Expenses of impounding under section 79 or 79A
30 payable by convicted driver
If a vehicle is impounded under section 79 or 79A, the
person who is convicted of the impounding offence
page 12
Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004
s. 12
(driving) or the impounding offence (driver's licence)
in respect of which the vehicle was impounded is liable
to pay to the Commissioner all expenses reasonably
incurred by the Commissioner in impounding the
5 vehicle.
Subdivision 3 -- Impounding and confiscation of vehicles by
court order
80. Impounding of vehicles for racing etc.
(1) A court that convicts a person of an impounding
10 offence (driving) may, by order, impound the vehicle
used in the offence for a period starting on the date on
which --
(a) the vehicle is surrendered; or
(b) under section 78C, the vehicle is conveyed to
15 the place where it is to be stored,
and being such period, not exceeding 3 months, as is
specified in the order.
(2) A court is not to make an order under subsection (1)
unless it is satisfied that in the 3 years before the day
20 on which the offence was committed the person was
convicted of a previous impounding offence (driving).
80A. Confiscation of vehicles for racing etc.
(1) A court that convicts a person of an impounding
offence (driving) may, by order, confiscate the vehicle
25 used in the offence.
(2) A court is not to make an order under subsection (1)
unless it is satisfied that in the 5 years before the day
on which the offence was committed the person was
convicted of 2 previous impounding offences (driving).
page 13
Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004
s. 12
80B. Impounding of vehicles for driving without driver's
licence etc.
(1) A court that convicts a person of an impounding
offence (driver's licence) may, by order, impound the
5 vehicle used in the offence for a period starting on the
date on which --
(a) the vehicle is surrendered; or
(b) under section 78C, the vehicle is conveyed to
the place where it is to be stored,
10 and being such period, not exceeding 3 months, as is
specified in the order.
(2) A court is not to make an order under subsection (1)
unless it is satisfied that in the 3 years before the day
on which the offence was committed the person was
15 convicted of a previous impounding offence (driver's
licence).
80C. Confiscation of vehicles for driving without driver's
licence etc.
(1) A court that convicts a person of an impounding
20 offence (driver's licence) may, by order, confiscate the
vehicle used in the offence.
(2) A court is not to make an order under subsection (1)
unless it is satisfied that in the 5 years before the day
on which the offence was committed the person was
25 convicted of 2 previous impounding offences (driver's
licence).
80D. Effect of confiscation
(1) The property in a vehicle that is confiscated under
section 80A(1) or 80C(1) vests absolutely in the State
30 when the order is made, free from all interests, rights,
titles or claims in or to the ownership or possession of
the vehicle.
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Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004
s. 12
(2) Subsection (1) does not operate to prevent proceeds
from the sale or disposal of a confiscated vehicle from
being paid in accordance with section 80J(7).
80E. Stolen or hired vehicles not to be impounded,
5 confiscated
A court is not to make an order under section 80(1),
80A(1), 80B(1) or 80C(1) if it is satisfied that at the
time that the offence for which the person is convicted
was committed, the vehicle was a stolen vehicle or a
10 hired vehicle.
80F. Licence holder to surrender impounded, confiscated
vehicle at time and place ordered by court
If a court makes an order under section 80(1), 80A(1),
80B(1) or 80C(1) in respect of a vehicle, the court is to
15 specify in the order the time by which, and the place at
which, the vehicle's licence holder is to surrender the
vehicle and its keys to the Commissioner.
80G. Applications for orders to impound or confiscate
vehicles
20 (1) In this section --
"interest", in relation to a vehicle, means a legal or
equitable interest, right or title in or to the
ownership or possession of the vehicle;
"order" means an order under section 80(1), 80A(1),
25 80B(1) or 80C(1).
(2) An application for an order --
(a) can only be made by the Commissioner; and
(b) is to be heard --
(i) as part of the proceedings in which the
30 driver of the vehicle that is the subject
of the application is convicted of the
page 15
Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004
s. 12
impounding offence (driving) or the
impounding offence (driver's licence),
as is applicable to the case; or
(ii) in subsequent proceedings brought no
5 later than 3 months after the
proceedings in respect of the conviction.
(3) The Commissioner is to give at least 14 days' written
notice of the Commissioner's intention to make an
application for an order to --
10 (a) the driver of the vehicle;
(b) the vehicle's licence holder;
(c) the Director General;
(d) any other person whom the Commissioner is
aware has or may have an interest in the
15 vehicle; and
(e) the public generally, in a newspaper having
State-wide circulation.
(4) A court is not to make an order unless it has given the
following persons a reasonable opportunity to show
20 cause why the order should not be made --
(a) each person who is given notice under
subsection (3)(a), (b) or (d) and who wishes to
be heard on the application;
(b) any other person who satisfies the court that the
25 person has an interest in the vehicle.
(5) In determining an application for an order the court
may have regard to --
(a) whether the impounding offence (driving) or
the impounding offence (driver's licence), as is
30 applicable to the case, was committed with the
knowledge and acquiescence of a person who
has an interest in the vehicle;
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Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004
s. 12
(b) whether making the order will cause severe
financial or physical hardship to a person who
has an interest in the vehicle or the usual driver
of the vehicle; and
5 (c) any other relevant matter.
(6) A person --
(a) who is given notice under subsection (3)(a), (b)
or (d); or
(b) other than a person mentioned in
10 subsection (3)(a), (b), (c) or (d), who has
satisfied the court that the person has an interest
in the vehicle,
must not, before the application is decided, dispose of
any interest that the person has in the vehicle unless a
15 court has made an order approving of the proposed
disposal.
Penalty: 50 PU.
(7) If the Director General is given notice under
subsection (3), the Director General must not, before
20 the application is decided, transfer the licence of the
vehicle that is the subject of the application.
80H. Expenses of court-ordered impounding payable by
convicted driver
(1) If a vehicle is impounded on an order under
25 section 80(1) or 80B(1), the person who is convicted of
the impounding offence (driving) or the impounding
offence (driver's licence) in respect of which the
vehicle was impounded is liable to pay to the
Commissioner all expenses reasonably incurred by the
30 Commissioner by way of giving effect to the order.
page 17
Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004
s. 12
(2) When the impounding period ends, the Commissioner
may refuse to release the vehicle to the person who is
liable under subsection (1) to pay expenses in respect
of the vehicle until those expenses are paid.
5 Subdivision 4 -- Miscellaneous provisions about impounded
or confiscated vehicles
80I. Before impounded vehicles released, costs of storage
for post-impounding period may be payable
(1) The Commissioner may refuse to release a vehicle
10 impounded under section 79 or 79A or on an order
under section 80(1) or 80B(1) until the Commissioner
is paid the expenses incurred in storing the vehicle after
the impounding period ends.
(2) The expenses referred to in subsection (1) are not to
15 include the costs of storing the vehicle for any 24 hour
period during which the place where the vehicle is
stored is not open to the public.
80J. Disposing of confiscated, uncollected vehicles and
items therein
20 (1) In this section --
"confiscated vehicle" means a vehicle that is
confiscated under section 80A(1) or 80C(1);
"item" means an item that was in or on a confiscated
vehicle or an uncollected vehicle at the time
25 when --
(a) the vehicle was impounded under section 79
or 79A;
(b) the vehicle was surrendered; or
(c) under section 78C, the vehicle was conveyed
30 to a place for storage,
as is relevant to the case;
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Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004
s. 12
"uncollected vehicle" means a vehicle that was
impounded under section 79 or 79A or on an order
under section 80(1) or 80B(1) and not collected
within 2 months after the end of the impounding
5 period.
(2) The Commissioner may sell or otherwise dispose of a
confiscated vehicle, an uncollected vehicle or an item.
(3) The Commissioner is not to sell or otherwise dispose of
a confiscated vehicle, an uncollected vehicle or an item
10 unless --
(a) any appeal against the conviction for an offence
in respect of which the vehicle was impounded
or confiscated is determined; and
(b) any appeal against an order under section 80(1),
15 80A(1), 80B(1) or 80C(1) in respect of the
vehicle is determined.
(4) The Commissioner is not to sell or otherwise dispose of
an uncollected vehicle or an item unless --
(a) the vehicle's licence holder is given at least
20 14 days' written notice of the Commissioner's
intention to sell or dispose of the vehicle or
item;
(b) a notice of the intention to sell or dispose of the
vehicle or item is published, at least 14 days
25 before the proposed sale or disposal, in a
newspaper having State-wide circulation;
(c) in the case of an item, reasonable steps have
been taken to return the item to its owner; and
(d) any proceedings under subsection (5) or (6) in
30 relation to the vehicle or item and any appeal in
respect of those proceedings are determined.
(5) The owner of an uncollected vehicle may apply to the
Magistrates Court for an order that the sale or disposal
page 19
Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004
s. 12
of the vehicle under subsection (2) not take place until
after such time as is specified in the order but no later
than 3 months after the day of the order.
(6) The owner of an item may apply to the Magistrates
5 Court for an order that the item be returned.
(7) Proceeds of the sale or disposal under subsection (2) of
a vehicle or item are to be paid in the following order
of priority --
(a) for expenses incurred in selling the vehicle or
10 item;
(b) in the case of a confiscated vehicle, for
expenses incurred in impounding the vehicle;
(c) in satisfaction of an unpaid amount for which a
person is liable under section 79E but only if
15 the person who is liable to pay that amount is
also the vehicle's licence holder;
(d) in satisfaction of an unpaid amount of a
judgment debt arising out of a liability under
section 79E, but only if the person who is liable
20 to pay that amount is also the vehicle's licence
holder;
(e) in satisfaction of an unpaid amount for which a
person is liable under section 80H but only if
the person who is liable to pay that amount is
25 also the vehicle's licence holder;
(f) in satisfaction of an unpaid amount of a
judgment debt arising out of a liability under
section 80H, but only if the person who is liable
to pay that amount is also the vehicle's licence
30 holder;
(g) for the expenses incurred in storing the vehicle
after the impounding period ends;
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Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004
s. 12
(h) in the case of an uncollected vehicle, in
satisfaction of any unpaid amount known to the
Commissioner for which the vehicle is
nominated in writing as security for the
5 payment of that amount;
(i) in the case of a confiscated vehicle, in
satisfaction of any unpaid amount known to the
Commissioner --
(i) for which the vehicle was nominated in
10 writing as security for the payment of
that amount; and
(ii) that, but for the confiscation of the
vehicle, would have been payable to a
person other than the person convicted
15 of the offence in respect of which the
vehicle was confiscated;
(j) the balance, in the case of a confiscated vehicle,
to the Treasurer of the State for the public uses
of the State;
20 (k) the balance, in the case of an uncollected
vehicle or an item, to the Treasurer of the State
to be dealt with under the Unclaimed Money
Act 1990 as prescribed retained money.
(8) A person who acquires an uncollected vehicle or an
25 item on a sale or disposal under subsection (2) of the
vehicle or item obtains a good title to the vehicle or
item if the person acquires it in good faith and without
notice of any failure to comply with subsection (4) in
relation to the sale or disposal.
30 80K. Expenses of confiscation not obtained on sale
payable by convicted driver
If a confiscated vehicle is sold under section 80J(2) but
the proceeds of the sale are insufficient to pay the
expenses incurred in impounding and selling the
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Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004
s. 13
vehicle, the person who is convicted of the impounding
offence (driving) or the impounding offence (driver's
licence) in respect of which the vehicle was confiscated
is liable to pay to the Commissioner the difference
5 between the amount of those expenses and the
proceeds of the sale.
80L. Transfer of vehicle licence
(1) If a vehicle is confiscated on an order under
section 80A(1) or 80C(1) or is to be sold as an
10 uncollected vehicle under section 80J(2) --
(a) the Commissioner of Police is to give notice in
writing to the Director General of that fact; and
(b) the Director General is to transfer the vehicle's
licence to the State of Western Australia.
15 (2) Section 24(1)(a), (2), (2a), (2b) and (2c) do not apply if
the Director General is given notice under
subsection (1).
".
13. Section 101 amended
20 Section 101 is amended as follows:
(a) by inserting before "No matter" the subsection
designation "(1)";
(b) by inserting at the end of the section the following
subsections --
25 "
(2) Subsection (1) does not relieve a contractor of any
liability that the contractor might otherwise have for
anything done or omitted to be done, as described in
that subsection, by the contractor or another person.
page 22
Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004
s. 14
(3) In subsection (2) --
"contractor" means a person who has entered into a
contract with the Commissioner of Police under
section 78D.
5 ".
14. Unclaimed Money Act 1990 amended
(1) The amendment in this section is to the Unclaimed Money
Act 1990*.
[* Reprinted as at 5 November 1999.
10 For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 405.]
(2) After section 9(1)(h) the following paragraph is inserted --
"
(j) is the proceeds of a sale or disposal, under the
15 Road Traffic Act 1974 section 80J(2), of an
uncollected vehicle or an item, as defined in
section 80J(1) of that Act, which under
section 80J(7)(k) of that Act is, or is liable to
be, paid to the Treasurer;
20 ".
15. Road Traffic (Drivers' Licences) Regulations 1975 amended
(1) The amendment in this section is to the Road Traffic (Drivers'
Licences) Regulations 1975*.
[* Reprinted as at 5 April 2002.
25 For amendments to 5 February 2004 see Western Australian
Legislation Information Tables for 2003, Table 4, p. 333.]
page 23
Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004
s. 15
(2) Schedule 9 is amended by inserting after item 2 the following
item --
"
2A. 62A Causing excessive noise, smoke 3
".
5 (3) Nothing in this Act prevents any of the Road Traffic (Drivers'
Licences) Regulations 1975 from being amended in accordance
with the Road Traffic Act 1974.
page 24
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