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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE ASSEMBLY
Road Traffic Amendment Bill 1999
A Bill for
An Act to --
· amend the Road Traffic Act 1974;
· consequentially amend the Control of Vehicles (Off-road
areas) Act 1978, the Motor Vehicle Drivers Instructors
Act 1963, the Stamp Act 1921 and the Transport
Co-ordination Act 1966;
· amend the Road Traffic Amendment (Random Breath Tests)
Act 1988,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
40--1C
Road Traffic Amendment Bill 1999
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Road Traffic Amendment
Act 1999.
5 2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
page 2
Road Traffic Amendment Bill 1999
Road Traffic Act 1974 amended Part 2
s. 3
Part 2 -- Road Traffic Act 1974 amended
3. The Act amended
The amendments in this Part are to the Road Traffic Act 1974*.
[* Reprinted as at 17 September 1999.]
5 4. Section 5 amended
(1) Section 5(1) is amended by deleting the definitions of "district",
"moped", "owner", "regulation" and "this Act" and inserting
into the appropriate alphabetical positions the following
definitions --
10 "
"district" means a district under the Local Government
Act 1995;
"owner", in relation to a vehicle, means --
(a) the person who is entitled to the immediate
15 possession of the vehicle; or
(b) if there are several persons entitled to its
immediate possession, the person whose
entitlement is paramount,
but if one of 2 or more persons fitting that
20 description has been nominated for the purposes of
section 5(4), it means only the person nominated;
"responsible person", for a vehicle, means a person
responsible for the vehicle under section 5A;
"traffic infringement notice" has the meaning given
25 by section 102(1);
".
page 3
Road Traffic Amendment Bill 1999
Part 2 Road Traffic Act 1974 amended
s. 5
(2) Section 5(4) is amended as follows:
(a) by deleting "as owner or otherwise, only one of those
persons, to be" and inserting instead --
" and one of those persons is ";
5 (b) by inserting after "Director General" --
" , the nominated person ".
(3) Section 5(5) is repealed.
5. Section 5A inserted
After section 5 the following section is inserted in Part 1 --
10 "
5A. Person responsible for a vehicle
(1) For the purposes of this Act a person responsible for a
vehicle is --
(a) if the vehicle is licensed -- any licence holder
15 who has not given a notice as described in
paragraph (b);
(b) if a licence holder has given notice under
section 24(1), or a corresponding law of
another State or Territory or the
20 Commonwealth, of a change in ownership of
the vehicle and subsection (2) does not
apply -- the new owner as specified in the
notice or, if more than one is specified, each of
them;
25 (c) if the vehicle is not licensed but was previously
licensed and subsection (2) does not apply -- a
person responsible under paragraph (a) or (b)
before the vehicle last ceased to be licensed; or
page 4
Road Traffic Amendment Bill 1999
Road Traffic Act 1974 amended Part 2
s. 6
(d) in any other case --
(i) the person who is entitled to the
immediate possession of the vehicle; or
(ii) if there are several persons entitled to its
5 immediate possession, the person whose
entitlement is paramount.
(2) Despite subsection (1), a person is not responsible for a
vehicle under subsection (1)(b), if it can be shown that
the person did not agree to becoming an owner of the
10 vehicle and has notified the Director General in writing
accordingly or has given a notice to a similar effect to a
licensing authority of another State or Territory or the
Commonwealth.
(3) The Minister may by notice published in the Gazette
15 declare a law of another State or Territory or the
Commonwealth to be a corresponding law for the
purposes of this section and may by subsequent notice
so published vary or cancel any such declaration.
(4) In this section --
20 "licence holder", in relation to a vehicle, means a
person in whose name the vehicle is licensed;
"licensed" means licensed under this Act, registered
under the Control of Vehicles (Off-road areas)
Act 1978 or licensed or registered under a
25 corresponding law of another State or Territory or
the Commonwealth.
".
6. Section 12A amended
Section 12A(2)(a) is amended by deleting "section 102(3a)" and
30 inserting instead --
" section 102B(1) or 102D(2) ".
page 5
Road Traffic Amendment Bill 1999
Part 2 Road Traffic Act 1974 amended
s. 7
7. Section 15 amended
(1) Section 15(3) is amended by deleting "the owner of" in both
places where it occurs and inserting instead --
" a responsible person for ".
5 (2) Section 15(6) is amended by deleting "of which the owner" and
inserting instead --
" for which each responsible person ".
8. Section 16 amended
Section 16(1) is amended by deleting "the owner of" and
10 inserting instead --
" a responsible person for ".
9. Section 17 inserted
After section 16 the following section is inserted --
"
15 17. Applications for issue, renewal and transfer of
vehicle licences
(1) An owner of a vehicle may apply for the issue, renewal
or transfer of a licence for a vehicle by --
(a) submitting an application in a form approved
20 by the Director General; and
(b) paying the amount of --
(i) any fee that would be required by
section 19; and
(ii) in the case of an application for the
25 issue or transfer of a licence, the stamp
duty applying under Part IIIC of the
Stamp Act 1921 in respect of the
transfer.
page 6
Road Traffic Amendment Bill 1999
Road Traffic Act 1974 amended Part 2
s. 9
(2) Upon an application under subsection (1), the Director
General shall issue, renew or transfer a licence for a
vehicle if --
(a) the vehicle meets the prescribed standards and
5 requirements and is otherwise fit for the
purpose for which the licence is required;
(b) in the case of an application by an individual,
the applicant has attained any minimum
age prescribed by regulations under
10 section 111(2)(i) and provided any proof of age
and identity required by those regulations; and
(c) the applicant has complied with any applicable
provisions of the Stamp Act 1921 relating to the
issue or transfer of motor vehicles.
15 (3) A vehicle cannot be licensed in the name of more than
one person at a particular time.
(4) Any one of 2 or more owners may apply for the issue
or transfer of a licence and the application is to be
signed by each of them.
20 (5) An application under subsection (4) is to be regarded as
notice of the nomination of the applicant for the
purposes of section 5(4).
(6) Nothing in this section authorizes or permits the
Director General to issue or renew a vehicle licence
25 contrary to any provision of the Motor Vehicle (Third
Party Insurance) Act 1943 or any other provision of
this Act or the regulations.
(7) The Director General shall refund any amount paid by
a person in connection with --
30 (a) an application under this section that is refused;
or
page 7
Road Traffic Amendment Bill 1999
Part 2 Road Traffic Act 1974 amended
s. 10
(b) an application for the transfer of a licence upon
which the licence is not transferred but
cancelled.
".
5 10. Section 18 amended
Section 18(1) and (13) are repealed.
11. Section 23 repealed
Section 23 is repealed.
12. Section 23A amended
10 Section 23A(c) is amended by deleting "owner has failed to
present the vehicle" and inserting instead --
"
responsible person for the vehicle has failed to
present it
15 ".
13. Section 24 amended
(1) Section 24(2) is amended by deleting "and apply for the transfer
of the licence to the person".
(2) Section 24(2a) to (2d) are repealed and the following
20 subsections are inserted instead --
"
(2a) As soon as practicable after receiving notice under
subsection (1)(a) or (2), or otherwise, of a change in
the ownership of a vehicle in respect of which a licence
25 has been granted --
(a) if the Director General reasonably suspects that
the vehicle does not meet a prescribed standard
or requirement relating to the security of the
page 8
Road Traffic Amendment Bill 1999
Road Traffic Act 1974 amended Part 2
s. 13
vehicle, the Director General may issue to the
new owner a notice requiring that the vehicle
be modified so that it does meet the prescribed
standard or requirement; or
5 (b) if the Director General is satisfied that the
licence may be transferred under section 17(2)
and no application has been made under
section 17(1), the Director General may issue to
the new owner a notice requiring that an
10 application for the transfer of the licence be
made under section 17.
(2b) In subsection (2a) --
"new owner", in relation to a vehicle, means a person
who, according to the notice received by the
15 Director General, has become a new owner of the
vehicle and, if there is more than one such person,
each or any of them.
(2c) If a vehicle has not been modified in accordance with a
notice issued under subsection (2a)(a) within 28 days
20 after the notice is issued, or any longer period that the
Director General allows, the Director General shall
cancel the licence in respect of the vehicle.
(2d) A person to whom a notice is issued under
subsection (2a)(b) commits an offence if an application
25 for the transfer of the licence for the vehicle is not
made within 28 days after the notice is issued, or any
longer period that the Director General allows, unless it
can be shown that --
(a) the person did not agree to becoming an owner
30 of the vehicle and has notified the Director
General in writing accordingly;
page 9
Road Traffic Amendment Bill 1999
Part 2 Road Traffic Act 1974 amended
s. 14
(b) another person has been nominated for the
purposes of section 5(4);
(c) there is more than one owner of the vehicle and
there is good reason why a person was not
5 nominated under section 5(4); or
(d) there was some other good reason why the
application for the transfer of the licence was
not made.
".
10 (3) Section 24(3) is amended by deleting "subsection (2c)" and
inserting instead --
" subsection (2d) ".
(4) Section 24(4) is repealed and the following subsection is
inserted instead --
15 "
(4) The other subsections of this section do not apply if a
person to whom a licence in respect of a vehicle has
been issued dies, and in that case the Director General
shall on an application under section 17, if any, by the
20 executor or administrator of the estate of that person
endorse on the licence the transfer of the licence to that
executor or administrator.
".
(5) Section 24(5) is repealed.
25 14. Section 24A amended
Section 24A(2) is amended by deleting "section 23(a)" and
inserting instead --
" section 17(2)(a) ".
page 10
Road Traffic Amendment Bill 1999
Road Traffic Act 1974 amended Part 2
s. 15
15. Section 24B inserted
After section 24A the following section is inserted --
"
24B. Change of nominated owner
5 (1) If a person is the owner of a vehicle as the result of a
nomination for the purposes of section 5(4), the person
may apply to the Director General, in a form approved
by the Director General, to cancel the nomination.
(2) The application is to include a statement, signed by
10 each person who would be an owner if there had been
no nomination, to the effect that they agree to another
of them being the owner of the vehicle for the purposes
of this Act.
(3) If the Director General approves the application and
15 the applicant pays the prescribed fee, if any --
(a) the current nomination ceases to have effect;
(b) the statement under subsection (2) is to be
treated as being a nomination for the purposes
of section 5(4); and
20 (c) the Director General is to vary the licence by
changing the name of the person to whom the
licence is issued in accordance with the
application.
".
25 16. Section 25 amended
(1) Section 25(1) is amended by deleting "a licence, or a transfer of
a licence," and inserting instead --
"
an application for the issue, renewal, transfer, or
30 variation of a licence
".
page 11
Road Traffic Amendment Bill 1999
Part 2 Road Traffic Act 1974 amended
s. 17
(2) Section 25(2) is amended by deleting "licence" and inserting
instead --
" application ".
17. Section 27 amended
5 (1) Section 27(1) is amended by deleting "by it".
(2) Section 27(3) is amended by deleting "Every owner" and
inserting instead --
" The licence holder ".
18. Section 42 amended
10 (1) Section 42(2) is amended as follows:
(a) by deleting paragraph (a) and inserting instead --
"
(a) has attained the minimum age of 17 years, or,
in relation to a particular class of motor vehicle,
15 any other age prescribed in the regulations for
the purposes of this section, unless in the
opinion of the Director General the denial of a
licence to a person of a lesser age would
occasion undue hardship;
20 ";
(b) after "sought" in paragraph (c) by inserting --
"
and satisfied any other requirements prescribed
by the regulations
25 ".
page 12
Road Traffic Amendment Bill 1999
Road Traffic Act 1974 amended Part 2
s. 18
(2) Section 42(2a), (3), (4), (5) and (6) are repealed and the
following subsections are inserted instead --
"
(3) The Director General may --
5 (a) in satisfaction of the requirement under
subsection (2)(c) that the applicant demonstrate
an ability to control the class of vehicle for
which the licence is sought, accept evidence
other than that obtained from a driving test;
10 (b) in a particular case, waive any requirements
prescribed by the regulations; and
(c) in satisfaction of any requirement imposed by
or under subsection (2)(c), accept evidence
from a body authorized by the Director General
15 for that purpose.
(4) Regulations may require the holder of a driver's
licence to submit, as required by the regulations, to a
medical practitioner approved by the Director General
for examination as to the person's mental or physical
20 fitness to drive.
".
(3) Section 42(7) is amended as follows:
(a) in paragraph (a) by deleting "18 years" and inserting
instead --
25 " 19 years ";
(b) in paragraph (b) by deleting "one year" and inserting
instead --
" 2 years ".
page 13
Road Traffic Amendment Bill 1999
Part 2 Road Traffic Act 1974 amended
s. 19
19. Section 42A amended
(1) Section 42A(3) is amended as follows:
(a) by deleting "may" and inserting instead --
" is to ";
5 (b) after "face of" by inserting --
" , and signature of, ".
(2) Section 42A(4) to (9) are repealed.
20. Section 42B inserted
After section 42A the following section is inserted --
10 "
42B. Additional matters relating to identity
(1) The Director General cannot issue or renew a driver's
licence until the applicant has provided, in support of
the application, such evidence as is required by the
15 regulations to establish the identity and residential
address in this State of the applicant.
(2) Except as prescribed in the regulations, the Director
General cannot issue or renew a driver's licence unless
the applicant has, at the time of the application or
20 before, provided the Director General with --
(a) a photograph for use on the driver's licence,
taken within 5 years of the application; and
(b) a signature for use on the driver's licence, made
within 5 years of the application.
25 (3) The photograph and signature are to be provided in a
manner and form approved by the Director General.
(4) The Director General is to ensure that any photograph
or signature provided under this section is destroyed if
page 14
Road Traffic Amendment Bill 1999
Road Traffic Act 1974 amended Part 2
s. 21
it, or a copy of it, has not been used on a driver's
licence in the preceding 5 years.
(5) A person who possesses a photograph or signature that
should have been destroyed under subsection (4)
5 commits an offence.
Penalty: 40 PU.
(6) A person employed or engaged in connection with any
aspect of the production of driver's licences or
otherwise concerned in the administration of this Act,
10 who, otherwise than in the administration of this
Act --
(a) reproduces, by any means, a photograph or
signature that appears, or is to appear, in a
licence; or
15 (b) causes or permits another person to do so,
commits an offence.
Penalty: 40 PU.
(7) In this section --
"destroyed" includes damaged so as to be unusable;
20 "photograph" includes a negative or an image stored
electronically.
".
21. Section 43 amended
(1) Section 43(1) is amended as follows:
25 (a) by inserting after paragraph (a) --
"
(aa) excluding from the authority given by a licence
the authority to drive for a purpose or in a
page 15
Road Traffic Amendment Bill 1999
Part 2 Road Traffic Act 1974 amended
s. 21
manner set out in the regulations unless the
licence is expressly endorsed to confer that
authority, whether by reference to classes of
endorsement described in the regulations or
5 otherwise;
(ab) prescribing classes of conditions or limitations
to which a licence may be made subject by
endorsing the licence with a reference to that
class instead of setting out the conditions or
10 limitations in full;
";
(b) after "licence" in paragraph (b) by inserting --
" or permit ";
(c) after paragraph (c) by deleting "and";
15 (d) by deleting the full stop at the end of paragraph (d) and
inserting instead --
"
; and
(e) providing for what is to be authorized by a
20 licence held by a person who, before an
amendment to the regulations, held a licence
that operated by reference to a vehicle
classification that no longer exists and, where
anything that was formerly authorized by the
25 licence ceases to be authorized, making
provision to facilitate the obtaining by the
person of a licence that authorizes that thing.
".
(2) Section 43(2) is repealed.
page 16
Road Traffic Amendment Bill 1999
Road Traffic Act 1974 amended Part 2
s. 22
22. Section 45 amended
(1) Section 45(1) is amended as follows:
(a) in paragraph (a) by deleting "one year" and inserting
instead --
5 " 2 years ";
(b) in paragraph (c) by deleting "one year" and inserting
instead --
" 2 years ";
(c) in paragraph (d) by deleting "18 years" and inserting
10 instead --
" 19 years ".
(2) Section 45(1a) is amended by deleting "12 months" and
inserting instead --
" 2 years ".
15 (3) Section 45(3) is amended by deleting "one year" and inserting
instead --
" 2 years ".
(4) Section 45(4) is amended as follows:
(a) in paragraph (a) by deleting "18 years" and inserting
20 instead --
" 19 years ";
(b) in paragraph (b) by deleting "one year" and inserting
instead --
" 2 years ".
25 23. Section 46 amended
Section 46(5) is repealed.
page 17
Road Traffic Amendment Bill 1999
Part 2 Road Traffic Act 1974 amended
s. 24
24. Section 48 amended
After section 48(9) the following subsection is inserted --
"
(10) In this section --
5 (a) a reference to refusing to issue a driver's
licence includes a reference to refusing to
endorse the licence under section 43(1)(aa);
(b) a reference to cancelling or suspending a
driver's licence includes a reference to
10 cancelling or suspending an endorsement on the
licence under section 43(1)(aa);
(c) a reference to refusing to renew a driver's
licence includes a reference to refusing to
renew the licence as previously endorsed under
15 section 43(1)(aa).
".
25. Section 48B amended
Section 48B(2) is amended by deleting ", but the form of
licence issued by the Director General shall not contain any
20 photograph of the holder of the licence unless that person when
applying under this section has applied for a licence containing
such a photograph".
26. Section 48C amended
Section 48C(1) is repealed and the following subsections are
25 inserted instead --
"
(1) The Director General may, subject to such conditions
as the Director General sees fit to impose, issue a
permit authorizing a person who has attained the
page 18
Road Traffic Amendment Bill 1999
Road Traffic Act 1974 amended Part 2
s. 27
prescribed age, to drive a motor vehicle of the class
specified in the permit in the course of driving
instruction by --
(a) a holder of a licence issued under the Motor
5 Vehicle Drivers Instructors Act 1963; or
(b) any other person prescribed in the regulations.
(1a) The Director General may, in a particular case, issue a
permit under this section to a person who has not
attained the prescribed age if the denial of the permit
10 would, in the opinion of the Director General, occasion
undue hardship or inconvenience.
(1b) In subsection (1) --
"prescribed age" means the age of 16 years or, in
relation to a particular class of motor vehicle, any
15 other age prescribed in the regulations for the
purposes of this section.
".
27. Section 49 amended
After section 49(1) the following subsection is inserted --
20 "
(1a) A person who drives a motor vehicle for a purpose or in a
manner set out in regulations under section 43(1)(aa)
without the authority to do so conferred by an
endorsement on the licence under that section is not the
25 holder of an appropriate, valid driver's licence.
".
28. Section 54 amended
Section 54(1) is amended by deleting "the owner of t he
vehicle," and inserting instead --
30 " a responsible person for the vehicle, ".
page 19
Road Traffic Amendment Bill 1999
Part 2 Road Traffic Act 1974 amended
s. 29
29. Section 57 amended
Section 57(1) is amended by deleting "the owner of" and
inserting instead --
" a responsible person for ".
5 30. Section 58 replaced
Section 58 is repealed and the following sections are inserted
instead --
"
58. Duty to identify offending driver or person in
10 charge of vehicle
(1) A responsible person for a vehicle commits an offence
if --
(a) an offence against any written law is alleged to
have occurred of which the driving or being in
15 charge of the vehicle is an element;
(b) a member of the Police Force requests the
responsible person to give information which
may lead to the identification of the driver or
person in charge of the vehicle at the time of
20 the alleged offence;
(c) the responsible person has, or could reasonably
have ascertained, the information; and
(d) the responsible person fails to give the
information.
25 Penalty: For a first offence by an individual, 24 PU.
For a subsequent offence by an individual,
48 PU.
For an offence by a person other than an
individual, 100 PU.
page 20
Road Traffic Amendment Bill 1999
Road Traffic Act 1974 amended Part 2
s. 30
(2) A responsible person for a vehicle commits an offence
if --
(a) an offence against any written law is alleged to
have occurred of which the driving or being in
5 charge of the vehicle is an element;
(b) a member of the Police Force requests the
responsible person to give information which
may lead to the identification of the driver or
person in charge of the vehicle at the time of
10 the alleged offence; and
(c) the responsible person gives false information
in response to the request.
Penalty: For a first offence by an individual, 24 PU.
For a subsequent offence by an individual,
15 48 PU.
For an offence by a person other than an
individual, 100 PU.
(3) In subsections (1) and (2) --
"responsible person" includes a person to whom the
20 possession or control of the vehicle was entrusted
at the time of the alleged offence referred to in
subsection (1)(a) or (2)(a), as the case may be.
(4) Subsection (1) does not apply if the request for
information was made in a notice under section 102C.
25 (5) On a complaint charging a person with an offence
against subsection (1) the person may be convicted of
an offence against section 58A.
page 21
Road Traffic Amendment Bill 1999
Part 2 Road Traffic Act 1974 amended
s. 31
58A. Duty to take reasonable measures to be able to
comply with a driver identity request
(1) In this section --
"driver identity request" means a request made under
5 this Act for information as to the identity of the
person who was driving or in charge of a vehicle at
any particular time.
(2) A responsible person for a vehicle commits an offence
if the responsible person fails to take reasonable
10 measures, or make reasonable arrangements, to ensure
that if a driver identity request is made in relation to the
vehicle, the responsible person will be able to comply
with it.
Penalty: For a first offence by an individual, 24 PU.
15 For a subsequent offence by an individual,
48 PU.
For an offence by a person other than an
individual, 100 PU.
".
20 31. Section 59 amended
(1) Section 59(1a)(a) is amended by deleting "the owner or" and
inserting instead --
" a responsible person for, or a ".
(2) Section 59(3)(a) is amended by deleting "the owner or person in
25 charge of" and inserting instead --
" a responsible person for, or a person in charge of, ".
page 22
Road Traffic Amendment Bill 1999
Road Traffic Act 1974 amended Part 2
s. 32
32. Section 65 amended
Section 65 is amended by inserting after the definition of
"preliminary test" --
"
5 "registered nurse" means a person registered in
division 1 of the register as defined in the Nurses
Act 1992;
".
33. Section 70 amended
10 (1) Section 70(2) is amended as follows:
(a) in paragraph (c) by deleting "the Public Health
Department" and inserting instead --
" a body approved by the Minister ";
(b) by deleting "or analyst" and inserting instead --
15 " , registered nurse or analyst ".
(2) Section 70(3b)(b) and (c) are amended by deleting "the Public
Health Department" and inserting instead --
" a body approved by the Minister ".
(3) After section 70(6) the following subsection is inserted --
20 "
(7) In this section --
"technologist" means --
(a) a person registered as an analyst under
section 203 of the Health Act 1911; or
25 (b) a person approved, or belonging to a class of
persons approved, by the Minister to prepare
sampling equipment.
".
page 23
Road Traffic Amendment Bill 1999
Part 2 Road Traffic Act 1974 amended
s. 34
34. Various references to "registered nurse" inserted
In each place listed in the Table to this section, after "medical
practitioner" the following is inserted --
" or registered nurse ".
5 Table
s. 66(2) s. 66(12) (3 places) s. 68(3)
s. 66(5) (2 places) s. 66(13) (7 places) s. 68(7)
s. 66(6) (2 places) s. 66(14) (2 places) s. 69(1)
s. 66(6a) (2 places) s. 66(15) (2 places) s. 69A
s. 66(7) (2 places) s. 66(16) (3 places) s. 70(1)(d)
s. 66(8a) (3 places) s. 66(17) s. 70(2)(d)
s. 66(9) (6 places) s. 67(2)(b) s. 70(3a)(a)
s. 66(11)(c) s. 67(2)(c) s. 70(3b) (3 places)
s. 66(11)(d) s. 67A(2) s. 72(1)(d)
35. Section 82 amended
Section 82(1) is amended by deleting "Any omnibus licence,"
and inserting instead --
" A vehicle licence for an omnibus ".
10 36. Section 84 amended
(1) Section 84(1) is amended by deleting "The owner of a vehicle
shall be" and inserting instead --
"
Each responsible person for a vehicle shall be jointly
15 and severally
".
(2) Section 84(3) is amended by deleting "the ownership of a
vehicle" and inserting instead --
" who is a responsible person for the vehicle ".
page 24
Road Traffic Amendment Bill 1999
Road Traffic Act 1974 amended Part 2
s. 37
37. Section 89 amended
(1) Section 89(2) is amended by deleting "the owner or" and
inserting instead --
" a responsible person for the vehicle or a ".
5 (2) Section 89(3) is amended as follows:
(a) by deleting "the owner of" and inserting instead --
" a responsible person for ";
(b) by deleting "by the owner" and inserting instead --
" by the responsible person ".
10 38. Section 98 amended
Section 98(1) is amended by deleting "the owner of" in both
places where it occurs and inserting instead --
" an owner of, or a responsible person for, ".
39. Section 99 amended
15 Section 99 is amended by deleting "or owner of" and inserting
instead --
" of, an owner of, or a responsible person for, ".
40. Section 100 amended
Section 100(2) is amended by deleting "owned" and inserting
20 instead --
" licensed in the name of ".
41. Section 102 amended
(1) Section 102(1) is amended by deleting "in this section called".
(2) Section 102(2) is amended by deleting "; and, where the
25 allegation is of an offence of which the standing, parking or
page 25
Road Traffic Amendment Bill 1999
Part 2 Road Traffic Act 1974 amended
s. 42
leaving of a vehicle is an element and the identity of the driver
or person in charge of the vehicle is not known and cannot
immediately be ascertained, the traffic infringement notice may
be addressed to the owner of the vehicle, without naming him or
5 stating his address, and be served by leaving it in or upon, or
attaching it to, the vehicle".
(3) Section 102(2a) is amended by deleting "section 24(2c)" and
inserting instead --
" section 24(2d) ".
10 (4) Section 102(2b) is amended by deleting "section 24(2c)" and
inserting instead --
" section 24(2d) ".
(5) Section 102(3), (3a), (3b), (3c), (3d) and (3e) are repealed.
(6) Section 102(5a) is repealed and the following subsection is
15 inserted instead --
"
(5a) In subsection (5) --
"alleged offender", in relation to a traffic infringement
notice served on a responsible person under
20 section 102A or 102B, means the responsible person.
".
42. Sections 102A to 102D inserted
After section 102 the following sections are inserted --
"
25 102A. Traffic infringement notices left on vehicles
(1) Where --
(a) an offence against this Act, of which the
standing, parking or leaving of a vehicle is an
element, is alleged to have occurred; and
page 26
Road Traffic Amendment Bill 1999
Road Traffic Act 1974 amended Part 2
s. 42
(b) the identity of the driver or person in charge of
the vehicle is not known and cannot
immediately be ascertained,
a traffic infringement notice for the alleged offence
5 may be addressed to the responsible person for the
vehicle, without naming the person or stating the
person's address, and may be served on the responsible
person by leaving it in or upon, or attaching it to, the
vehicle.
10 (2) If a traffic infringement notice is served on a
responsible person under subsection (1) and there is
more than one responsible person, the notice is to be
regarded as having been served on --
(a) if not more than one responsible person
15 responds to the notice, that responsible person;
or
(b) in any other case, not more than one
responsible person chosen by the
Commissioner of Police.
20 (3) If a traffic infringement notice is served on a
responsible person under subsection (1), the
responsible person is to be presumed to have
committed the offence alleged in the notice unless,
within the period of 28 days after the day specified in
25 the notice (being the day of the service of the notice or
a subsequent day) --
(a) the penalty prescribed under section 102(1) for
the alleged offence is paid; or
(b) the responsible person informs an officer
30 specified in the notice that the responsible
person was not the driver or person in charge of
page 27
Road Traffic Amendment Bill 1999
Part 2 Road Traffic Act 1974 amended
s. 42
the vehicle at the time of the alleged offence
and supplies to the officer --
(i) the name and address of the driver or
person in charge of the vehicle at that
5 time; or
(ii) information showing that the vehicle
was stolen or unlawfully taken or used
at that time.
(4) The presumption under subsection (3) applies even if
10 the responsible person is not an individual.
(5) A traffic infringement notice served under subsection (1)
must contain or be accompanied by a statement
explaining the operation of subsections (3) and (4).
102B. Traffic infringement notices issued on photographic
15 evidence
(1) Where --
(a) an offence against this Act of which the driving
or being in charge of a vehicle is an element is
alleged to have occurred;
20 (b) the belief referred to in section 102(1) is based
on photographic evidence;
(c) the name and address of the driver or person in
charge of the vehicle are not known and cannot
immediately be ascertained;
25 (d) the identity of the vehicle can be ascertained
from the photographic evidence; and
page 28
Road Traffic Amendment Bill 1999
Road Traffic Act 1974 amended Part 2
s. 42
(e) a responsible person for the vehicle is an
individual,
a traffic infringement notice for the alleged offence
may be addressed to the responsible person and may be
5 served on the responsible person, personally or by post.
(2) If there is more than one responsible person referred to
in subsection (1), a traffic infringement notice under
that subsection may be addressed to and served on not
more than one of those persons chosen by the
10 Commissioner of Police.
(3) If a traffic infringement notice is served on a
responsible person under subsection (1) without
enclosing the photographic evidence referred to in
subsection (1)(b) and, at the end of the period of
15 14 days after the day specified in the notice (being the
day of the service of the notice or a subsequent day) --
(a) the penalty prescribed under section 102(1) for
the alleged offence has not been paid; and
(b) the responsible person has not informed an
20 officer specified in the notice that the
responsible person was not the driver or person
in charge of the vehicle at the time of the
alleged offence and supplied to the officer --
(i) the name and address of the driver or
25 person in charge of the vehicle at that
time; or
page 29
Road Traffic Amendment Bill 1999
Part 2 Road Traffic Act 1974 amended
s. 42
(ii) information showing that the vehicle
was stolen or unlawfully taken or used
at that time,
a further traffic infringement notice may be served on
5 the responsible person enclosing the photographic
evidence.
(4) If a traffic infringement notice enclosing photographic
evidence is served on a responsible person under
subsection (1) or (3), the responsible person is to be
10 presumed to be the driver or person in charge of the
vehicle at the time of the offence alleged in the notice
unless, within the period of 28 days after the day
specified in the notice (being the day of the service of
the notice or a subsequent day) --
15 (a) the penalty prescribed under section 102(1) for
the alleged offence is paid; or
(b) the responsible person informs an officer
specified in the notice that the responsible
person was not the driver or person in charge of
20 the vehicle at the time of the alleged offence
and supplies to the officer --
(i) the name and address of the driver or
person in charge of the vehicle at that
time;
25 (ii) information showing that the vehicle
was stolen or unlawfully taken or used
at that time; or
(iii) a statutory declaration that the responsible
person did not know, and could not
30 reasonably have ascertained, the name
and address of the driver or person in
charge of the vehicle at that time.
page 30
Road Traffic Amendment Bill 1999
Road Traffic Act 1974 amended Part 2
s. 42
(5) A traffic infringement notice enclosing photographic
evidence served under subsection (1) or (3) must
contain or be accompanied by a statement explaining
the operation of subsection (4).
5 (6) A statutory declaration under subsection (4)(b)(iii)
must be contained in or accompanied by the traffic
infringement notice to which it relates and must be
posted to an officer specified in the notice or delivered
personally to the officer or the officer in charge of a
10 police station.
(7) In this section --
"photographic evidence" means --
(a) a photograph; or
(b) a cinematographic or other type of film, or
15 video tape, video disc, slide or digital,
electronic or other form of recording, from
which a visual image can be produced.
102C. Notices requesting information
(1) If a traffic infringement notice could be addressed to
20 and served on a responsible person under section 102B
but for there not being any individual who is a
responsible person for the vehicle, a member of the
Police Force or warden may serve a notice on a
responsible person for the vehicle --
25 (a) describing the offence that is alleged to have
been committed; and
(b) requesting the name and address of the driver
or person in charge of the vehicle at the time of
the offence so described.
page 31
Road Traffic Amendment Bill 1999
Part 2 Road Traffic Act 1974 amended
s. 42
(2) If a notice is served on a responsible person under
subsection (1) without enclosing the photographic
evidence referred to in section 102B(1)(b) and, at the
end of 14 days after the day specified in the notice
5 (being the day of the service of the notice or a
subsequent day), the responsible person has not
supplied to an officer specified in the notice --
(a) the name and address of the driver or person in
charge of the vehicle at the time of the offence
10 described in the notice; or
(b) information showing that the vehicle was stolen
or unlawfully taken or used at that time,
a further notice of the kind described in subsection (1)
may be served on the responsible person enclosing the
15 photographic evidence.
(3) A responsible person on which a notice enclosing
photographic evidence is served under subsection (1)
or (2) commits an offence unless, within the period of
14 days after the day specified in the notice (being the
20 day of the service of the notice or a subsequent day) the
responsible person supplies to an officer specified in
the notice --
(a) the name and address of the driver or person in
charge of the vehicle at the time of the offence
25 described in the notice;
(b) information showing that the vehicle was stolen
or unlawfully taken or used at the time of the
offence described in the notice; or
(c) a statutory declaration that the responsible
30 person did not know, and could not reasonably
have ascertained, the name and address of the
page 32
Road Traffic Amendment Bill 1999
Road Traffic Act 1974 amended Part 2
s. 42
driver or person in charge of the vehicle at the
time of the offence described in the notice.
Penalty: Double the amount of the fine provided under
this Act for the offence described in the notice
5 or, if more than one amount is so provided,
double the lower or lowest of those amounts.
(4) On a complaint charging a person with an offence
against subsection (3) the person may be convicted of
an offence against section 58A.
10 (5) A notice served on a person under subsection (1) or (2)
may be withdrawn at any time before the end of the
period referred to in subsection (2) or (3) respectively
by sending a notice to that effect, in the prescribed
form and signed by a prescribed officer, to the person
15 at the person's last known place of business.
(6) If the amount of the modified penalty referred to in
section 102D has been paid before a notice is
withdrawn under subsection (5), any amount so paid is
to be refunded.
20 (7) Subsections (5) and (6) do not affect the operation of
section 102(5) in relation to a notice when it is
regarded under section 102D(2) as a traffic
infringement notice.
(8) A notice served under subsection (2) must contain or
25 be accompanied by a statement explaining the
operation of subsection (3) and section 102D.
(9) A statutory declaration under subsection (3)(c) must be
contained in or accompanied by the notice to which it
relates and must be posted to an officer specified in the
30 notice or delivered personally to the officer or the
officer in charge of a police station.
page 33
Road Traffic Amendment Bill 1999
Part 2 Road Traffic Act 1974 amended
s. 42
102D. Notice under section 102C may become a traffic
infringement notice
(1) An offence against section 102C(3) is prescribed for
the purposes of section 102 and the penalty for that
5 offence if dealt with under section 102 (the "modified
penalty") is an amount of double the penalty
prescribed under section 102(1) for the offence
described in the notice under subsection 102C(1).
(2) If a person on which a notice is served under
10 section 102C(2) fails to comply with the notice, the
notice is to be regarded as also being a traffic
infringement notice served on the person for the
offence against section 102C(3) constituted by that
failure to comply.
15 (3) For the purposes of section 102(1) and (4) and any
other enactment, the specified time for the payment of
the modified penalty is the period of 14 days after the
end of the period referred to in section 102C(3).
(4) Subject to section 102C(5), if the amount of the
20 modified penalty has been paid before the day on
which a notice is to be regarded under this section as a
traffic infringement notice, the amount may be held
until that day and then treated as an amount received in
payment of the modified penalty.
25 (5) Despite section 102(7), the payment of the modified
penalty does not constitute a conviction of an offence
for any purpose.
".
page 34
Road Traffic Amendment Bill 1999
Road Traffic Act 1974 amended Part 2
s. 43
43. Section 103 amended
Section 103(4) is repealed and the following subsection is
inserted instead --
"
5 (4) Subject to this Act, disqualification shall take effect --
(a) when notice of the disqualification has been
served on the person personally; or
(b) if the person has been served with a notice of
the disqualification in the prescribed manner,
10 on the day of that service or on the day
specified in the notice, whichever is the later.
".
44. Section 111 amended
(1) Section 111(2) is amended as follows:
15 (a) in paragraph (b) by inserting after "owners," --
" responsible persons, ";
(b) by deleting paragraph (i) and inserting instead --
"
(i) prescribing a minimum age at which an
20 individual may apply for the issue or transfer of
a vehicle licence and providing for the
applicant to provide proof of age and identity;
".
(2) Section 111(2b) is amended by deleting "the owner of" and
25 inserting instead --
" a responsible person for ".
page 35
Road Traffic Amendment Bill 1999
Part 2 Road Traffic Act 1974 amended
s. 45
45. Section 112 amended
(1) Section 112(2) is amended as follows:
(a) by deleting "the owner or one of the owners of" and
inserting instead --
5 " a responsible person for ";
(b) by deleting "the owner of" and inserting instead --
" a responsible person for ".
(2) Section 112(4) is amended as follows:
(a) by deleting "one person" and inserting instead --
10 " one director ";
(b) by deleting "owner of" and inserting instead --
" a responsible person for ";
(c) by deleting "upon the owner" and inserting instead --
" upon a responsible person ";
15 (d) by deleting "those persons" and inserting instead --
" those directors ".
(3) Section 112(5) and (6) are repealed.
(4) Section 112(7) is amended by deleting "the owner or one of the
owners of" and inserting instead --
20 " a responsible person for ".
46. Savings and transitional
Schedule 1 has effect.
page 36
Road Traffic Amendment Bill 1999
Miscellaneous Acts amended Part 3
Control of Vehicles (Off-road areas) Act 1978 amended Division 1
s. 47
Part 3 -- Miscellaneous Acts amended
Division 1 -- Control of Vehicles (Off-road areas) Act 1978
amended
47. The Act amended
5 The amendments in this Division are to the Control of Vehicles
(Off-road areas) Act 1978*.
[* Reprinted as at 5 March 1999.]
48. Section 3 amended
(1) Section 3(1) is amended by deleting the definition of "owner"
10 and inserting in the appropriate alphabetical positions the
following definitions --
"
"owner", in relation to a vehicle, means --
(a) the person who is entitled to the immediate
15 possession of the vehicle; or
(b) if there are several persons entitled to its
immediate possession, the person whose
entitlement is paramount,
but if one of 2 or more persons fitting that
20 description has been nominated for the purposes of
section 3(2), it means only the person nominated;
"responsible person", for a vehicle, means a person
responsible for the vehicle under section 5A of the
Road Traffic Act 1974;
25 ".
page 37
Road Traffic Amendment Bill 1999
Part 3 Miscellaneous Acts amended
Division 1 Control of Vehicles (Off-road areas) Act 1978 amended
s. 49
(2) Section 3(2) is amended as follows:
(a) by deleting "as owner or otherwise only one of those
persons, to be" and inserting instead --
" and one of those persons is ";
5 (b) by deleting "shall be registered as the owner and that
person" and inserting instead --
" the nominated person ".
49. Section 28 amended
(1) Section 28(3) is repealed.
10 (2) Section 28(4) is amended by deleting ", or renew" and inserting
instead --
" , renew or transfer ".
(3) Section 28(5) is amended by inserting after "renewal" --
" or transfer ".
15 (4) Section 28(6) is amended by deleting "owner" and inserting
instead --
" person in whose name the vehicle is registered ".
(5) Section 28(8) is amended by deleting "owner" and inserting
instead --
20 " person in whose name the vehicle is registered ".
page 38
Road Traffic Amendment Bill 1999
Miscellaneous Acts amended Part 3
Control of Vehicles (Off-road areas) Act 1978 amended Division 1
s. 50
50. Section 28A inserted
After section 28 the following section is inserted --
"
28A. Applications for issue, renewal and transfer of
5 registration
(1) An owner of a vehicle may apply for the registration,
renewal of registration or transfer of registration of a
vehicle under this Act by --
(a) submitting an application in a form approved
10 by the Director General;
(b) providing a statutory declaration made pursuant
to section 106 of the Evidence Act 1906, in a
form approved by the Director General as to the
compliance of the vehicle with the prescribed
15 safety and noise requirements; and
(c) paying any fee that would be required by
section 29.
(2) Upon an application under subsection (1), the Director
General shall --
20 (a) register, renew the registration of, or transfer
the registration of, a vehicle; and
(b) issue to the owner a certificate of that
registration, and on payment of the prescribed
fee a number plate displaying the symbols or
25 numbers or the symbols and numbers allotted to
the vehicle by the Director General,
if, in the case of an application by an individual the
applicant has attained the age of 18 years.
(3) A vehicle cannot be registered in the name of more
30 than one person at a particular time.
page 39
Road Traffic Amendment Bill 1999
Part 3 Miscellaneous Acts amended
Division 1 Control of Vehicles (Off-road areas) Act 1978 amended
s. 51
(4) Any one of 2 or more owners may apply for the issue
or transfer of a registration and the application is to be
signed by each of them.
(5) An application under subsection (4) is to be regarded as
5 notice of the nomination of the applicant for the
purposes of section 3(2).
(6) The Director General shall refund any amount paid by
a person in connection with an application under this
section that is refused.
10 ".
51. Section 29 amended
(1) Section 29(1) and (2) are repealed.
(2) Section 29(3) is amended as follows:
(a) by deleting "the subsection (2)" and inserting instead --
15 " section 28A ";
(b) by deleting ", and where a registration fee is payable on
fee shall be such amount as is prescribed".
(3) Section 29(5) is amended as follows:
(a) after "made" by inserting --
20 " under section 28A ";
(b) by deleting "and the appropriate prescribed fee, if any, is
paid and a statutory declaration furnished as to the
compliance of the vehicle with the prescribed safety and
noise requirements,".
25 (4) Section 29(7) to (10) are repealed.
page 40
Road Traffic Amendment Bill 1999
Miscellaneous Acts amended Part 3
Control of Vehicles (Off-road areas) Act 1978 amended Division 1
s. 52
52. Section 29A inserted
After section 29 the following section is inserted --
"
29A. Transfer of vehicle registrations
5 (1) Where a person to whom a certificate of registration of
a vehicle has been granted ceases to be the owner of
the vehicle, the person shall --
(a) within 7 days of ceasing to be the owner give
notice in writing to the Director General of the
10 name and address of the new owner of the
vehicle; and
(b) if the registration had, pursuant to the
provisions of this Act, been granted or renewed
without payment of a fee or on payment of a
15 reduced registration fee which was less than the
fee that would otherwise have been payable in
relation to that vehicle had the particular
circumstances not applied, and unless the
provisions of section 30(1) have been complied
20 with, within 7 days after ceasing to be the
owner, return the certificate of registration and
the number plate issued in respect of that
vehicle to the Director General.
(2) A person who becomes the owner of a vehicle in
25 respect of which a certificate of registration has been
granted shall, within 14 days after becoming the owner,
give notice in writing to the Director General of that
fact.
(3) As soon as practicable after receiving notice under
30 subsection (1)(a) or (2), or otherwise, of a change in
the ownership of a vehicle in respect of which a
page 41
Road Traffic Amendment Bill 1999
Part 3 Miscellaneous Acts amended
Division 1 Control of Vehicles (Off-road areas) Act 1978 amended
s. 52
certificate of registration has been granted, if the
Director General is satisfied that the registration may
be transferred under section 28A(2) and no application
has been made under section 28A(1), the Director
5 General may issue to the new owner a notice requiring
that --
(a) an application for the transfer of the registration
to the new owner be made under section 28A;
or
10 (b) the number plates issued in respect of the
vehicle be delivered up to the Director General.
(4) In subsection (3) --
"new owner", in relation to a vehicle, means a person
who, according to the notice received by the
15 Director General, has become a new owner of the
vehicle and, if there is more than one such person,
each or any of them.
(5) A person to whom a notice is issued under
subsection (3)(b) commits an offence if an application
20 for the transfer of the registration for the vehicle is not
made within 28 days after the notice is issued, or any
longer period that the Director General allows, unless it
can be shown that --
(a) the person did not agree to becoming the owner
25 of the vehicle and has notified the Director
General in writing accordingly;
(b) another person has been nominated for the
purposes of section 3(2);
(c) there is more than one owner of the vehicle and
30 there is good reason why a person was not
nominated under section 3(2); or
page 42
Road Traffic Amendment Bill 1999
Miscellaneous Acts amended Part 3
Control of Vehicles (Off-road areas) Act 1978 amended Division 1
s. 53
(d) there was some other good reason why the
application for the transfer of the registration
was not made.
(6) The other subsections of this section do not apply if a
5 person to whom a certificate of registration in respect
of a vehicle has been issued dies, and in that case the
Director General shall on an application under
section 28A, if any, by the executor or administrator of
the estate of that person endorse on the certificate the
10 transfer of the registration to that executor or
administrator.
".
53. Section 32A inserted
After section 32 the following section is inserted --
15 "
32A. Change of nominated owner
(1) If a person is the owner of a vehicle as the result of a
nomination for the purposes of section 3(2), the person
may apply to the Director General, in a form approved
20 by the Director General, to cancel the nomination.
(2) The application is to include a statement, signed by
each person who would be an owner if there had been
no nomination, to the effect that they agree to another
of them being the owner of the vehicle for the purposes
25 of this Act.
(3) If the Director General approves the application and
the applicant pays the prescribed fee, if any --
(a) the current nomination ceases to have effect;
page 43
Road Traffic Amendment Bill 1999
Part 3 Miscellaneous Acts amended
Division 1 Control of Vehicles (Off-road areas) Act 1978 amended
s. 54
(b) the statement under subsection (2) is to be
treated as being a nomination for the purposes
of section 3(2); and
(c) the Director General is to vary the registration
5 in accordance with the application by changing
the name of the person in whose name the
vehicle is registered.
".
54. Section 35 amended
10 Section 35(c) is amended by deleting "owner of a vehicle
which" and inserting instead --
" person in whose name a vehicle ".
55. Section 37 amended
(1) Section 37(2) is amended as follows:
15 (a) by deleting "the owner of" in the first place where it
occurs and inserting instead --
" a responsible person for ";
(b) by deleting ", but where the identity of the driver or
person in charge of a vehicle in respect of which an
20 offence is alleged to have been committed is not known
and cannot immediately be ascertained, an infringement
notice may be addressed to the owner of the vehicle,
without naming him or stating his address, and be served
by attaching it to the vehicle or leaving it in or on the
25 vehicle".
(2) Section 37(3) is amended as follows:
(a) by deleting "the owner of" in the first place where it
occurs and inserting instead --
" a responsible person for ";
page 44
Road Traffic Amendment Bill 1999
Miscellaneous Acts amended Part 3
Control of Vehicles (Off-road areas) Act 1978 amended Division 1
s. 56
(b) by deleting "owner of a vehicle" in the second place
where it occurs and inserting instead --
" responsible person ";
(c) in paragraph (b) by deleting "owner of the vehicle" and
5 inserting instead --
" responsible person ";
(d) by deleting "the owner is" and inserting instead --
" the responsible person is ".
(3) After section 37(5) the following subsection is inserted --
10 "
(5a) In subsection (5) --
"alleged offender", in relation to an infringement
notice addressed to and served on a responsible
person under subsection (3), means the responsible
15 person.
".
(4) Section 37(8) is amended by deleting "the owner, driver or" and
inserting instead --
" an owner of, a responsible person for, a driver of, or a ".
20 56. Section 38 amended
(1) Section 38(9) is amended as follows:
(a) by deleting "of which he is not the owner" and inserting
instead --
" for which the driver is not a responsible person ".
25 (b) by deleting "attention of the owner" and inserting
instead --
" attention of a responsible person ".
page 45
Road Traffic Amendment Bill 1999
Part 3 Miscellaneous Acts amended
Division 2 Motor Vehicle Drivers Instructors Act 1963 amended
s. 57
(2) Section 38(11)(b) is amended by deleting "the owner or driver
of" and inserting instead --
" a responsible person for, or a driver of, ".
(3) Section 38(16) is amended by deleting "the owner of" and
5 inserting instead --
" a responsible person for ".
57. Various references to "owner" replaced
In each place listed in the Table to this section "the owner" is
deleted and the following is inserted instead --
10 " a responsible person ".
Table
s. 38(14) s. 42(2)(b)
s. 42(2)(a)
Division 2 -- Motor Vehicle Drivers Instructors Act 1963
amended
58. The Act amended
15 The amendments in this Division are to the Motor Vehicle
Drivers Instructors Act 1963*.
[* Reprinted as approved 12 July 1977.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, pp. 169-70.]
page 46
Road Traffic Amendment Bill 1999
Miscellaneous Acts amended Part 3
Stamp Act 1921 amended Division 3
s. 59
59. Section 7 amended
Section 7(5)(e) is amended by deleting "then last past;" and
inserting instead --
"
5 , or such other period as the Director General may
approve in a particular case, before the application was
made;
".
60. Section 14 amended
10 Section 14(1) is amended by inserting before paragraph (a) the
following paragraph --
"
(aa) what is to be authorized by a licence or permit
held by a person who, before an amendment to
15 the regulations held a licence or permit that
operated by reference to a vehicle classification
that no longer exists, and, where anything that
was formerly authorized by the licence or
permit ceases to be authorized, making
20 provision to facilitate the obtaining by the
person of a licence or permit that authorizes
that thing;
".
Division 3 -- Stamp Act 1921 amended
25 61. The Act amended
The amendments in this Division are to the Stamp Act 1921*.
[* Reprinted as at 22 October 1999.]
page 47
Road Traffic Amendment Bill 1999
Part 3 Miscellaneous Acts amended
Division 4 Transport Co-ordination Act 1966 amended
s. 62
62. Section 76B amended
Section 76B(1) is amended in the definition of "transfer" by
deleting "section 24" and inserting instead --
" section 17 ".
5 63. Section 76C amended
(1) Section 76C(10B) is amended by deleting "section 24(2c)" in
the 3 places where it occurs and inserting instead --
" section 24(2d) ".
(2) Section 76C(13C) is amended by deleting "section 24(2c)" and
10 inserting instead --
" section 24(2d) ".
Division 4 -- Transport Co-ordination Act 1966 amended
64. First Schedule amended
The First Schedule to the Transport Co-ordination Act 1966* is
15 amended after paragraph (c) by deleting "is registered as the
owner of the vehicle" and inserting instead --
" is the person in whose name the vehicle is licensed ".
[* Reprinted as at 9 September 1997.
For subsequent amendments see 1998 Index to Legislation of
20 Western Australia, Table 1, p. 256 and Acts Nos. 32 of 1998
and 10 and 16 of 1999.]
page 48
Road Traffic Amendment Bill 1999
Miscellaneous Acts amended Part 3
Road Traffic Amendment Act (Random Breath Tests) Act Division 5
1988 amended
s. 65
Division 5 -- Road Traffic Amendment Act (Random Breath
Tests) Act 1988 amended
65. Section 5 repealed
Section 5 of the Road Traffic Amendment Act (Random Breath
5 Tests) Act 1988* is repealed.
[* Act No. 16 of 1988.
For subsequent amendments see Acts No. 46 of 1989 and
No. 76 of 1996.]
page 49
Road Traffic Amendment Bill 1999
Schedule 1 Savings and transitional
Schedule 1 -- Savings and transitional
[s. 46]
1. Interpretation
In this Part --
5 "commencement day" means the day on which this Act comes into
operation under section 2.
2. Section 18 amendments have no effect in relation to certain
applications
The amendments made by section 18 have no effect in relation to an
10 application for a driver's licence by a person who holds a permit
issued under section 48C of the Road Traffic Act 1974 before the
commencement day.
3. Licences to drive vehicles formerly classified by reference to use
If --
15 (a) immediately before the commencement day, a person was the
holder of a driver's licence authorizing the person to drive a
motor vehicle classified under section 43(2) by reference to
the purpose for which or manner in which it is being used;
and
20 (b) on and after the commencement day the purpose or manner is
prohibited by regulations under section 43(1)(aa) of the Road
Traffic Act 1974,
the licence, or any new class of licence held by the person under
section 43(1)(e) of the Road Traffic Act 1974, is to be regarded as
25 having been endorsed to confer the authority to drive for that purpose
or in that manner.
page 50
Road Traffic Amendment Bill 1999
Savings and transitional Schedule 1
4. Section 22 amendments have effect only in relation to licences
issued after commencement
The amendments made by section 22 have effect only in relation to a
driver's licence issued after the commencement day.
5 5. Duplicate licences
If --
(a) after the commencement day a person applies for a duplicate
of a driver's licence under section 48B of the Road Traffic
Act 1974; and
10 (b) the licence was issued before the commencement day without
the photograph and signature of the licence holder,
then section 42B of the Road Traffic Act 1974 applies to the issue of
the duplicate as if it were the issue of a driver's licence.
page 51
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