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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Road Traffic Amendment Bill 2006
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. The Act amended 2
Part 2 -- Amendments
Division 1 -- High speed driving offences
4. Section 78A amended 3
Division 2 -- Removing special rule for when
suspicion reasonably held
5. Section 5 amended 3
Division 3 -- Release of impounded vehicles
6. Section 79D amended 3
7. Section 79E replaced 3
79E. Liability for section 79 or 79A impounding
expenses 3
8. Section 80H amended 4
9. Sections 80IA and 80IB inserted 4
80IA. Release of vehicle that was impounded 4
80IB. Payment for impounding expenses before
vehicle released 4
10. Section 80J amended 6
Division 4 -- Meaning of "senior officer"
11. Section 78A amended 6
Division 5 -- Road rage
12. Part V Division 4 heading amended 6
13. Section 78A amended 6
14. Section 78C amended 7
15. Section 78D amended 8
177--1 page i
Road Traffic Amendment Bill 2006
Contents
16. Sections 80CA and 80CB inserted 8
80CA. Impounding of vehicles for road rage
offences 8
80CB. Confiscating of vehicles for road rage
offences 9
17. Section 80D amended 9
18. Section 80E amended 9
19. Section 80F amended 9
20. Section 80G amended 10
21. Section 80H amended 10
22. Section 80I amended 10
23. Section 80J amended 11
24. Section 80K amended 12
25. Section 80L amended 12
26. Criminal Property Confiscation Act 2000 amended
in consequence 12
Division 6 -- Onus of responsible person
27. Section 102B amended 13
28. Section 102C amended 13
29. Section 102D amended 15
Division 7 -- Other amendments
30. Section 78A amended 15
31. Certain references to vehicle's licence holder
replaced 15
32. Section 80G amended 16
33. Section 80L amended 16
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Road Traffic Amendment Bill 2006
A Bill for
An Act to amend the Road Traffic Act 1974 and as a consequence to
amend the Criminal Property Confiscation Act 2000.
The Parliament of Western Australia enacts as follows:
page 1
Road Traffic Amendment Bill 2006
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Road Traffic Amendment Act 2006.
2. Commencement
5 (1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed for different provisions.
Note: Under section 22 of the Interpretation Act 1984, this section and
section 1 come into operation on the day on which this Act receives the
Royal Assent.
10 3. The Act amended
The amendments in this Act other than those in section 26 are to
the Road Traffic Act 1974*.
[* Reprint 9 as at 10 March 2006.
For subsequent amendments see Western Australian
15 Legislation Information Tables for 2005, Table 1, and
Gazette 26 May 2006 p. 1885-8.]
page 2
Road Traffic Amendment Bill 2006
Amendments Part 2
High speed driving offences Division 1
s. 4
Part 2 -- Amendments
Division 1 -- High speed driving offences
4. Section 78A amended
Section 78A is amended in the definition of "impounding
5 offence (driving)" as follows:
(a) in paragraph (a), by deleting "60" and inserting
instead --
" 60(1) ";
(b) in paragraph (b), by inserting after "against" --
10 " section 60(1a) or (1b) or ".
Division 2 -- Removing special rule for when suspicion
reasonably held
5. Section 5 amended
Section 5(6) is repealed.
15 Division 3 -- Release of impounded vehicles
6. Section 79D amended
Section 79D(3) is repealed.
7. Section 79E replaced
Section 79E is repealed and the following section is inserted
20 instead --
"
79E. Liability for section 79 or 79A impounding expenses
If a vehicle is impounded under section 79 or 79A and
a person is convicted of the offence for which the
25 vehicle was impounded, that person is liable to pay to
the Commissioner an amount specified by the
page 3
Road Traffic Amendment Bill 2006
Part 2 Amendments
Division 3 Release of impounded vehicles
s. 8
Commissioner as being equivalent to all expenses
reasonably incurred by the Commissioner in
impounding the vehicle unless the Commissioner has
required the payment of, and has been paid, the amount
5 described in section 80IB(1) for expenses of the
impounding.
".
8. Section 80H amended
Section 80H(2) is repealed.
10 9. Sections 80IA and 80IB inserted
After the heading to Part V Division 4 Subdivision 4 the
following sections are inserted --
"
80IA. Release of vehicle that was impounded
15 (1) When a vehicle has been impounded under section 79
or 79A or on an order under section 80(1), 80B(1)
or 80CA(1) and the impounding period ends, the
Commissioner is to ensure that the vehicle is released if
the responsible person applies in an approved manner
20 for its release.
(2) Subsection (1) does not prevent the Commissioner
from refusing under subsection (3) or section 80IB
or 80I(1) to release the vehicle.
(3) The Commissioner may refuse to release the vehicle
25 until the place where it is stored is open to the public.
80IB. Payment for impounding expenses before vehicle
released
(1) When a vehicle has been impounded under section 79
or 79A or on an order under section 80(1), 80B(1)
30 or 80CA(1) and the impounding period ends, the
Commissioner may refuse to release the vehicle until
the Commissioner has been paid an amount specified
page 4
Road Traffic Amendment Bill 2006
Amendments Part 2
Release of impounded vehicles Division 3
s. 9
by the Commissioner as being equivalent to all
expenses reasonably incurred by the Commissioner in
impounding the vehicle.
(2) Subsection (1) applies even if the person seeking the
5 release of the vehicle is not the person suspected of
having committed, or found to have committed, the
offence for which the vehicle was impounded.
(3) The Commissioner may release the vehicle without
requiring payment of the amount described in
10 subsection (1) if the Commissioner considers it
appropriate in the circumstances to do so.
(4) If payment of the amount described in subsection (1) is
made for the release of the vehicle, that payment
extinguishes any liability under section 79E or 80H, as
15 the case requires, to pay the Commissioner for
expenses of the impounding even though the payment
may not have been made by the person who was liable
under that section.
(5) In the case of a vehicle impounded under section 79
20 or 79A the Commissioner has to refund, to the person
who made the payment, an amount described in
subsection (1) that was paid to the Commissioner for
the release of the vehicle if --
(a) no charge of committing the offence for which
25 the vehicle was impounded is laid during the
period of one year after the day on which the
offence is suspected to have been committed; or
(b) during the period described in paragraph (a) a
person is charged with committing the offence
30 but the person is not convicted of that offence
within that period or within an extension of that
period ordered by the court.
".
page 5
Road Traffic Amendment Bill 2006
Part 2 Amendments
Division 4 Meaning of "senior officer"
s. 10
10. Section 80J amended
Section 80J(7) is amended as follows:
(a) in each of paragraphs (c) and (d), by deleting all of the
paragraph after "79E" and inserting instead a semicolon;
5 (b) in each of paragraphs (e) and (f), by deleting all of the
paragraph after "80H" and inserting instead a semicolon.
Division 4 -- Meaning of "senior officer"
11. Section 78A amended
Section 78A is amended in the definition of "senior officer" by
10 deleting all of the definition after "higher than that of inspector"
and inserting instead a semicolon.
Division 5 -- Road rage
12. Part V Division 4 heading amended
The heading to Part V Division 4 is amended by deleting
15 "driving" and inserting instead --
" certain ".
13. Section 78A amended
Section 78A is amended as follows:
(a) in the definition of "impounding period", in
20 paragraph (b), by deleting "or 80B(1)," and inserting
instead --
" , 80B(1) or 80CA(1), ";
(b) by inserting in their appropriate alphabetical
positions --
25 "
"road rage circumstances" accompany the
commission of an offence if --
(a) the offence is committed on a road; and
page 6
Road Traffic Amendment Bill 2006
Amendments Part 2
Road rage Division 5
s. 14
(b) the offence is committed as a reaction to, and
is to a substantial extent motivated by, an
occurrence that takes place on a road
while --
5 (i) the offender is driving a vehicle on a
road; and
(ii) a victim of the offence is using the
same road, whether as the driver of,
or a passenger in, another vehicle or
10 otherwise;
"road rage offence" means an offence the commission
of which is accompanied by road rage
circumstances, but only if it is --
(a) an offence of which it is an element that the
15 offender --
(i) assaults a victim; or
(ii) damages property in the possession
of, or under the control of, a victim;
or
20 (b) an offence against section 60 in
circumstances that involve the offender
driving in a manner that is dangerous to a
particular victim;
".
25 14. Section 78C amended
Section 78C is amended as follows:
(a) in subsection (2), by deleting "or 80C(1)" and inserting
instead --
" , 80C(1), 80CA(1) or 80CB(1) ";
30 (b) in subsection (3)(b), by deleting "or 80C(1)" and
inserting instead --
" , 80C(1), 80CA(1) or 80CB(1) ";
page 7
Road Traffic Amendment Bill 2006
Part 2 Amendments
Division 5 Road rage
s. 15
(c) in subsection (4)(a), by deleting "or 80C(1)" and
inserting instead --
" , 80C(1), 80CA(1) or 80CB(1) ";
(d) in subsection (6)(a), by deleting "or 80C(1);" and
5 inserting instead --
" , 80C(1), 80CA(1) or 80CB(1); ".
15. Section 78D amended
Section 78D(a) is amended by deleting "or 80C(1);" and
inserting instead --
10 " , 80C(1), 80CA(1) or 80CB(1); ".
16. Sections 80CA and 80CB inserted
After section 80C the following sections are inserted --
"
80CA. Impounding of vehicles for road rage offences
15 (1) A court that convicts a person of a road rage offence
may, by order, impound the vehicle that the offender
was using for a period starting on the date on which --
(a) the vehicle is surrendered; or
(b) under section 78C, the vehicle is conveyed to
20 the place where it is to be stored,
and being of the duration, not exceeding 3 months,
specified in the order.
(2) In subsection (1) --
"vehicle that the offender was using" means the
25 vehicle referred to in paragraph (b)(i) of the
definition of "road rage circumstances" in
section 78A.
page 8
Road Traffic Amendment Bill 2006
Amendments Part 2
Road rage Division 5
s. 17
80CB. Confiscating of vehicles for road rage offences
(1) A court that convicts a person of a road rage offence
may, by order, confiscate the vehicle that the offender
was using.
5 (2) In subsection (1) --
"vehicle that the offender was using" means the
vehicle referred to in paragraph (b)(i) of the
definition of "road rage circumstances" in
section 78A.
10 ".
17. Section 80D amended
Section 80D(1) is amended by deleting "or 80C(1)" and
inserting instead --
" , 80C(1) or 80CB(1) ".
15 18. Section 80E amended
Section 80E is amended as follows:
(a) in subsection (1), by deleting "or 80C(1)" and inserting
instead --
" , 80C(1), 80CA(1) or 80CB(1) ";
20 (b) in subsection (2) --
(i) by deleting "or 80C(1)" and inserting instead --
" , 80C(1) or 80CB(1) ";
(ii) by deleting "or 80B" and inserting instead --
" , 80B or 80CA ".
25 19. Section 80F amended
Section 80F is amended by deleting "or 80C(1)" and inserting
instead --
" , 80C(1), 80CA(1) or 80CB(1) ".
page 9
Road Traffic Amendment Bill 2006
Part 2 Amendments
Division 5 Road rage
s. 20
20. Section 80G amended
Section 80G is amended as follows:
(a) in subsection (1), in the definition of "order", by
deleting "or 80C(1)." and inserting instead --
5 " , 80C(1), 80CA(1) or 80CB(1). ";
(b) in subsection (2)(b)(i), by deleting "of the impounding
offence (driving) or the impounding offence (driver's
licence), as is applicable to the case;" and inserting
instead --
10 " as is required for the order to be made; ";
(c) in subsection (5)(a), by deleting "the impounding
offence (driving) or the impounding offence (driver's
licence), as is applicable to the case," and inserting
instead --
15 "
the conviction because of which the order is
sought is for an offence that
".
21. Section 80H amended
20 Section 80H(1) is amended by deleting "or 80B(1), the person
who is convicted of the impounding offence (driving) or the
impounding offence (driver's licence) in respect of which" and
inserting instead --
"
25 , 80B(1) or 80CA(1), the person because of whose
conviction
".
22. Section 80I amended
Section 80I(1) is amended by deleting "or 80B(1)" and inserting
30 instead --
" , 80B(1) or 80CA(1) ".
page 10
Road Traffic Amendment Bill 2006
Amendments Part 2
Road rage Division 5
s. 23
23. Section 80J amended
Section 80J is amended as follows:
(a) in subsection (1) --
(i) in the definition of "confiscated vehicle", by
5 deleting "or 80C(1);" and inserting instead --
" , 80C(1) or 80CB(1); ";
(ii) in the definition of "uncollected vehicle", by
deleting "or 80B(1)" and inserting instead --
" , 80B(1) or 80CA(1) ";
10 (b) in subsection (3)(b), by deleting "or 80C(1)" and
inserting instead --
" , 80C(1), 80CA(1) or 80CB(1) ";
(c) in subsection (7) --
(i) in paragraph (b), by deleting "in impounding"
15 and inserting instead --
" consequent on the confiscation of ";
(ii) by deleting paragraph (j) and inserting instead --
"
(j) the balance, in the case of a confiscated
20 vehicle --
(i) if the vehicle was confiscated under
section 80A(1) or 80C(1), to the
Treasurer of the State for the public uses
of the State;
25 (ii) if the vehicle was confiscated under
section 80CB(1), to the credit of the
Confiscation Proceeds Account
established in accordance with the
Criminal Property Confiscation
30 Act 2000 section 130;
".
page 11
Road Traffic Amendment Bill 2006
Part 2 Amendments
Division 5 Road rage
s. 24
24. Section 80K amended
Section 80K is amended as follows:
(a) by deleting "in impounding and selling the vehicle" and
inserting instead --
5 "
consequent on the confiscation of the vehicle and the
expenses incurred in selling it
";
(b) by deleting "the person who is convicted of the
10 impounding offence (driving) or the impounding offence
(driver's licence) in respect of which" and inserting
instead --
" the person because of whose conviction ".
25. Section 80L amended
15 Section 80L(1) is amended by deleting "or 80C(1)" and
inserting instead --
" , 80C(1) or 80CB(1) ".
26. Criminal Property Confiscation Act 2000 amended in
consequence
20 (1) The amendments in this section are to the Criminal Property
Confiscation Act 2000*.
[* Reprint 1 as at 9 December 2005.]
(2) Section 131(1) is amended as follows:
(a) by deleting the full stop at the end of paragraph (c) and
25 inserting instead a semicolon;
(b) by inserting at the end of the subsection --
"
(d) money that the Road Traffic Act 1974
section 80J(7)(j)(ii) requires to be paid to the
30 credit of the account.
".
page 12
Road Traffic Amendment Bill 2006
Amendments Part 2
Onus of responsible person Division 6
s. 27
Division 6 -- Onus of responsible person
27. Section 102B amended
(1) Section 102B(4) is amended by deleting "of 28 days after the
day specified in the notice (being the day of the service of the
5 notice or a subsequent day)" and inserting instead --
" for complying defined in subsection (4a) ".
(2) After section 102B(4) the following subsection is inserted --
"
(4a) In subsection (4) --
10 "period for complying" means --
(a) if the traffic infringement notice enclosing
photographic evidence is served under
subsection (1), the period of 28 days after the
day specified in the notice (being the day of
15 the service of the notice or a subsequent
day);
(b) if the traffic infringement notice enclosing
photographic evidence is served under
subsection (3), the period of 14 days after the
20 day specified in the notice (being the day of
the service of the notice or a subsequent
day).
".
28. Section 102C amended
25 (1) Section 102C(1)(b) is amended by inserting after
"requesting" --
"
the responsible person to, within the period for
complying defined in subsection (1a), supply to
30 an officer specified in the notice
".
page 13
Road Traffic Amendment Bill 2006
Part 2 Amendments
Division 6 Onus of responsible person
s. 28
(2) After section 102C(1) the following subsection is inserted --
"
(1a) In subsection (1) --
"period for complying" means --
5 (a) if the notice is served under subsection (1)
without enclosing the photographic evidence
referred to in section 102B(1)(b), the period
of 14 days after the day specified in the
notice (being the day of the service of the
10 notice or a subsequent day);
(b) if the notice is served under subsection (1)
enclosing the photographic evidence referred
to in section 102B(1)(b), the period of
28 days after the day specified in the notice
15 (being the day of the service of the notice or
a subsequent day).
".
(3) Section 102C(2) is amended by inserting before the full stop at
the end of the subsection --
20 "
but in the further notice the period specified for
complying with the request is to be the period of
14 days after the day specified in the further notice
(being the day of the service of the further notice or a
25 subsequent day)
".
(4) Section 102C(3) is amended by deleting "of 14 days after the
day specified in the notice (being the day of the service of the
notice or a subsequent day)" and inserting instead --
30 " specified in the notice for complying with the request, ".
(5) Section 102C(5) is amended by deleting "referred to in
subsection (2) or (3) respectively" and inserting instead --
" specified in the notice for complying with the request ".
page 14
Road Traffic Amendment Bill 2006
Amendments Part 2
Other amendments Division 7
s. 29
(6) Section 102C(8) is amended by deleting "served under
subsection (2)" and inserting instead --
"
enclosing photographic evidence served under
5 subsection (1) or (2)
".
29. Section 102D amended
Section 102D(2) is amended by deleting "is served under
section 102C(2)" and inserting instead --
10 "
enclosing photographic evidence is served under
section 102C(1) or (2)
".
Division 7 -- Other amendments
15 30. Section 78A amended
Section 78A is amended by deleting the definition of "licence
holder".
31. Certain references to vehicle's licence holder replaced
(1) The Act is amended in each place described in the Table to this
20 section by deleting "vehicle's licence holder" and inserting
instead --
" responsible person ".
Table
s. 79B(1) (in both places) s. 79C(3)
s. 80F s. 80G(3)(b)
s. 80J(4)(a)
(2) Section 79C(3) is amended by deleting "licence holder" and
25 inserting instead --
" responsible person ".
page 15
Road Traffic Amendment Bill 2006
Part 2 Amendments
Division 7 Other amendments
s. 32
32. Section 80G amended
Section 80G(7) is amended by inserting before the full stop at
the end of the subsection --
" if the vehicle is licensed ".
5 33. Section 80L amended
Section 80L(1) is amended by inserting after "If a" at the
beginning of the subsection --
" licensed ".
page 16
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