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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Road Traffic Amendment Bill 2008
CONTENTS
1. Short title 2
2. Commencement 2
3. The Act amended 2
4. Section 60 amended 2
5. Section 78A amended 3
6. Section 78B amended 5
7. Section 79 amended 5
8. Section 79A amended 6
9. Section 79B amended 6
10. Section 79C amended 8
11. Section 79D amended 10
12. Section 80B amended 10
13. Section 80C amended 10
14. Section 80CA amended 10
15. Section 80CB amended 11
16. Section 80E amended 11
17. Section 80FA inserted 11
80FA. Court may order impounding instead of
confiscation 11
18. Section 80F amended 12
19. Section 80GA inserted 12
80GA. Vehicle about which certain orders may be
made 12
20. Section 80G amended 13
21. Section 80IA amended 15
22. Section 80J amended 15
23. Certain cross references amended 15
24. Certain references to impounding or confiscation
order amended 16
25. Certain references to impounding order amended 16
272--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Road Traffic Amendment Bill 2008
A Bill for
An Act to amend the Road Traffic Act 1974.
The Parliament of Western Australia enacts as follows:
page 1
Road Traffic Amendment Bill 2008
s. 1
1. Short title
This is the Road Traffic Amendment Act 2008.
2. Commencement
(1) This Act comes into operation as follows:
5 (a) sections 1 and 2 -- on the day on which this Act
receives the Royal Assent;
(b) the rest of the Act -- on a day fixed by proclamation,
and different days may be fixed for different provisions.
(2) The day fixed under subsection (1)(b) for the coming into
10 operation of section 5(a) cannot be before the day on which the
Road Traffic Amendment Act 2006 section 7 comes into
operation.
3. The Act amended
The amendments in this Act are to the Road Traffic Act 1974.
15 4. Section 60 amended
Section 60(3) is amended as follows:
(a) in paragraph (a), by deleting "20 PU" and inserting
instead --
" 40 PU ";
20 (b) in paragraph (b), by deleting "24 PU" and inserting
instead --
" 60 PU ";
(c) in paragraph (c), by deleting "48 PU" and inserting
instead --
25 " 80 PU ".
page 2
Road Traffic Amendment Bill 2008
s. 5
5. Section 78A amended
Section 78A is amended as follows:
(a) by deleting the definition of "impounding offence
(driver's licence)" and inserting instead --
5 "
"impounding offence (driver's licence)" means --
(a) an offence against section 49(1)(a) that is
committed by a person described in
section 49(3)(a), (b) or (c); or
10 (b) an offence against section 77(1)(a); or
(c) an offence committed before the coming into
operation of the Road Traffic Amendment
Act 2008 section 5(a) that was an
impounding offence (driver's licence) as
15 defined in this section as in force when the
offence was committed;
";
(b) by deleting the definition of "impounding period" and
inserting instead --
20 "
"impounding period" means the period for which the
vehicle is impounded;
";
(c) in the definition of "road rage circumstances", as
25 follows:
(i) by deleting paragraph (a) and "and" after it;
(ii) in paragraph (b), by inserting before "while" --
"
, or in any place to which the public is
30 permitted, whether on payment of a fee or
otherwise, to have access,
";
page 3
Road Traffic Amendment Bill 2008
s. 5
(iii) in paragraph (b)(i), by deleting "a road;" and
inserting instead --
" the road or in the place; ";
(iv) in paragraph (b)(ii), by inserting after "road" --
5 " or place ";
(d) by deleting the definition of "senior officer" and
inserting instead --
"
"senior police officer" means a person appointed
10 under the Police Act 1892 Part I to be a member of
the Police Force of Western Australia who is, or is
acting as, an inspector or an officer of a rank more
senior than an inspector;
";
15 (e) by deleting the full stop at the end of the definition of
"surrender period" and inserting instead a semicolon;
(f) by inserting in the appropriate alphabetical positions --
"
"impounding or confiscation order" means a court
20 order under section 80(1), 80A(1), 80B(1), 80C(1),
80CA(1), 80CB(1) or 80FA;
"impounding order" means a court order under
section 80(1), 80B(1), 80CA(1) or 80FA;
"vehicle referred to in section 80GA" means a
25 vehicle for the impounding or confiscation of
which an application may be made in accordance
with section 80GA.
".
page 4
Road Traffic Amendment Bill 2008
s. 6
6. Section 78B amended
Section 78B is amended by inserting after subsection (1) the
following subsection --
"
5 (2A) The impounding of a vehicle under Subdivision 2 is not
relevant to the exercise by a court of its discretion
under Subdivision 3 to impound or confiscate a
vehicle.
".
10 7. Section 79 amended
Section 79 is amended as follows:
(a) by inserting before "A member" at the beginning of the
section the subsection designation "(1)";
(b) by deleting "for 48 hours";
15 (c) by inserting at the end of the section the following
subsections --
"
(2) The period for which the vehicle is impounded ends --
(a) unless the member of the Police Force specifies
20 a longer period under paragraph (b) or the
Commissioner extends the period under
subsection (3), on the 7th day after the day on
which the vehicle is impounded;
(b) if at the time of the impounding the member of
25 the Police Force, reasonably believing that the
driver of the vehicle has previously been
convicted of an impounding offence (driving),
specifies that because of that belief the period is
to end on the 28th day after the day on which
30 the vehicle is impounded, on the day specified;
(c) if the Commissioner extends the period under
subsection (3), on the 28th day after the day on
which the vehicle is impounded.
page 5
Road Traffic Amendment Bill 2008
s. 8
(3) If the driver of the vehicle has previously been
convicted of an impounding offence (driving) but the
member of the Police Force does not specify a longer
period under subsection (2)(b), the Commissioner may,
5 because of the previous conviction, extend the period
to end on the 28th day after the day on which the
vehicle was impounded.
(4) The giving of a notice under section 79B(1) does not
prevent the Commissioner from, under subsection (3),
10 extending the period for which the vehicle is
impounded.
(5) An extension under subsection (3) is of no effect
unless, not less than 24 hours before the end of the
initial period, notice of the extension is given under
15 section 79B(3) to a responsible person.
".
8. Section 79A amended
Section 79A is amended as follows:
(a) by deleting "48 hours" and inserting instead --
20 " 28 days ";
(b) by inserting at the end of paragraph (a) --
" and ";
(c) by deleting all of the section after "offence" in
paragraph (b) and inserting instead a full stop.
25 9. Section 79B amended
(1) Section 79B(1) is amended as follows:
(a) by deleting "the" after "given to" and inserting
instead --
" each ";
30 (b) by deleting "the" after "not" and inserting instead --
" a ".
page 6
Road Traffic Amendment Bill 2008
s. 9
(2) Section 79B(2) is amended as follows:
(a) by inserting after "The notice" --
" of the impounding ";
(b) by deleting "the following information" and inserting
5 instead --
" details of ";
(c) by inserting after paragraph (b) --
"
(ca) if a longer impounding period was specified
10 under section 79(2)(b), the previous conviction
because of which the longer period was
specified; and
";
(d) in paragraph (d), by deleting "section 80, 80A, 80B and
15 80C" and inserting instead --
" sections 80, 80A, 80B, 80C and 80FA ";
(e) by inserting after each of paragraphs (a), (b) and (c) --
" and ".
(3) After section 79B(2) the following subsections are inserted --
20 "
(3) The Commissioner is to ensure that, as soon as
practicable after an impounding period is extended
under section 79(3), notice of the extension is given to
each responsible person and, if the driver is not a
25 responsible person, the driver.
(4) The notice of the extension is to be in an approved
form and contain details of --
(a) the impounded vehicle; and
(b) the time when the vehicle was impounded and
30 when the impounding period would end if it
were not extended; and
page 7
Road Traffic Amendment Bill 2008
s. 10
(c) the previous conviction because of which the
impounding period is extended; and
(d) the powers of a court under sections 80, 80A,
80B, 80C and 80FA in relation to the
5 impounding and confiscation of vehicles.
".
10. Section 79C amended
(1) Section 79C(1) is amended as follows:
(a) by inserting after "senior" in both places where it
10 occurs --
" police ";
(b) by deleting all of the subsection after "impounded" and
inserting instead --
"
15 , of --
(a) the grounds on which the member suspects the
matters mentioned in section 79(1)(a) and (b)
or 79A(a) and (b), as is relevant to the case; and
(b) if the member specifies that, because of a belief
20 that the driver of the vehicle has previously
been convicted of an impounding offence
(driving), the impounding period is to end on
the 28th day after the day on which the vehicle
is impounded, the grounds of that belief.
25 ".
(2) Section 79C(2) is amended as follows:
(a) by inserting after "senior" --
" police ";
page 8
Road Traffic Amendment Bill 2008
s. 10
(b) by deleting "herself " and all of the subsection after that
term and inserting instead --
"
herself --
5 (a) that there are reasonable grounds for the
member to suspect the matters mentioned in
section 79(1)(a) and (b) or 79A(a) and (b), as
the case requires; and
(b) in a case to which subsection (1)(b) applies,
10 that there are reasonable grounds for believing
that the driver of the vehicle has previously
been convicted of an impounding offence
(driving).
".
15 (3) Section 79C(3) is amended as follows:
(a) by inserting after "senior" in both places where it
occurs --
" police ";
(b) by inserting after "subsection (2)" --
20 " (a) ";
(c) by deleting "the" after "returned to" and inserting
instead --
" a ";
(d) by deleting "the responsible person is not available" and
25 inserting instead --
" no responsible person is available ".
(4) After section 79C(3) the following subsection is inserted --
"
(4) If a senior police officer is satisfied as required by
30 subsection (2)(a) but is not satisfied as required by
subsection (2)(b), the senior police officer is to alter
the impounding period to end on the 7th day after the
page 9
Road Traffic Amendment Bill 2008
s. 11
day on which the vehicle is impounded and the
Commissioner is to give notice of the variation to each
person who has been given notice under section 79B of
the impounding.
5 ".
11. Section 79D amended
Section 79D(2) is amended as follows:
(a) in each of paragraphs (b) and (c), by inserting after
"senior" --
10 " police ";
(b) in paragraph (b), by inserting after "section 79C(2)" --
" (a) ".
12. Section 80B amended
Section 80B(1) is amended by deleting "the vehicle used in the
15 offence" and inserting instead --
" a vehicle referred to in section 80GA ".
13. Section 80C amended
Section 80C(1) is amended by deleting "the vehicle used in the
offence." and inserting instead --
20 " a vehicle referred to in section 80GA. ".
14. Section 80CA amended
(1) Section 80CA(1) is amended as follows:
(a) by deleting "the vehicle that the offender was using" and
inserting instead --
25 " a vehicle referred to in section 80GA ";
(b) by deleting "3 months" and inserting instead --
" 6 months ".
(2) Section 80CA(2) is repealed.
page 10
Road Traffic Amendment Bill 2008
s. 15
15. Section 80CB amended
(1) Section 80CB(1) is amended by deleting "the vehicle that the
offender was using." and inserting instead --
" a vehicle referred to in section 80GA. ".
5 (2) Section 80CB(2) is repealed.
16. Section 80E amended
(1) Section 80E(1) is amended by deleting "80(1), 80A(1), 80B(1),
80C(1), 80CA(1) or 80CB(1)" and inserting instead --
" 80(1) or 80A(1) ".
10 (2) Section 80E(2) is amended as follows:
(a) by deleting ", 80C(1) or 80CB(1)";
(b) by deleting "80, 80B or 80CA for a period not
exceeding 6 months." and inserting instead --
" 80FA(2). ".
15 17. Section 80FA inserted
After section 80E the following section is inserted --
"
80FA. Court may order impounding instead of
confiscation
20 (1) In circumstances in which a court could, by order
under section 80A(1), 80C(1) or 80CB(1), confiscate a
vehicle, the court may instead, by order under this
subsection, impound the vehicle for a period, not
exceeding 6 months, specified in the order.
25 (2) In circumstances in which a court could, by order
under section 80A(1), confiscate a vehicle but for
section 80E(2) and the fact that the vehicle was a lent
vehicle at the relevant time, the court may instead, by
order under this subsection, impound the vehicle for a
30 period, not exceeding 6 months, specified in the order.
page 11
Road Traffic Amendment Bill 2008
s. 18
(3) The impounding period under subsection (1) or (2)
starts on the day on which --
(a) the vehicle is surrendered; or
(b) under section 78C, the vehicle is conveyed to
5 the place where it is to be stored.
".
18. Section 80F amended
Section 80F is amended by deleting "the" before "responsible"
and inserting instead --
10 " a ".
19. Section 80GA inserted
After section 80F the following section is inserted --
"
80GA. Vehicle about which certain orders may be made
15 (1) The Commissioner cannot apply for an order under
section 80B(1), 80C(1), 80CA(1) or 80CB(1) for the
impounding or confiscation of a vehicle unless --
(a) the offender is a responsible person for the
vehicle; and
20 (b) the vehicle is --
(i) in the case of an order under
section 80B(1) or 80C(1), the vehicle
used in the offence or a substitute
vehicle nominated by the Commissioner
25 under subsection (2);
(ii) in the case of an order under
section 80CA(1) or 80CB(1), the
vehicle referred to in paragraph (b)(i) of
the definition of "road rage
30 circumstances" in section 78A or a
substitute vehicle nominated by the
Commissioner under subsection (2).
page 12
Road Traffic Amendment Bill 2008
s. 20
(2) If the alleged offender is not a responsible person for
the vehicle to which subsection (1)(b) would, if the
Commissioner did not nominate a substitute vehicle,
refer, the Commissioner may nominate as a substitute
5 vehicle a motor vehicle for which the alleged offender
is, at the time of applying for the order, a responsible
person.
(3) The Commissioner cannot nominate a substitute
vehicle unless at least 14 days before the application is
10 made the Commissioner gives to the alleged offender
written notice of the intention to apply for the order in
respect of that vehicle.
".
20. Section 80G amended
15 (1) Section 80G(2)(b) is amended by deleting subparagraph (i) and
"or" after it and inserting instead --
"
(i) as part of the proceedings in which the
person is convicted of the offence
20 because of which the order is sought; or
".
(2) Section 80G(3) and (4) are repealed and the following
subsections are inserted instead --
"
25 (3) A person is to be regarded as having sufficient notice
of the Commissioner's intention to make an application
for an order in respect of a particular vehicle if --
(a) the Commissioner gives the person written
notice of that intention at least 14 days before
30 the application is made and the person is --
(i) the driver of the vehicle; or
(ii) a responsible person; or
page 13
Road Traffic Amendment Bill 2008
s. 20
(iii) any other person who the Commissioner
is aware has or may have an interest in
the vehicle;
or
5 (b) in the case of a person not referred to in
paragraph (a), the Commissioner publishes
notice of that intention at least 14 days before
the application is made in a newspaper having
State-wide circulation.
10 (4) A court is not to make an order unless it has given a
reasonable opportunity to show cause why the order
should not be made to --
(a) the driver of the vehicle; and
(b) if a person other than the driver is a responsible
15 person for the vehicle, each responsible person;
and
(c) each other person, if any, who has an interest in
the vehicle.
".
20 (3) Section 80G(5) is amended by deleting paragraph (a) and
inserting instead --
"
(a) whether the offence because of which the order
is sought was committed with the knowledge
25 and acquiescence of a person who has an
interest in the vehicle; and
".
(4) Section 80G(6) is amended as follows:
(a) in paragraph (a), by deleting ", (b) or (d)";
30 (b) in paragraph (b), by deleting "other than a person
mentioned in subsection (3)(a), (b), (c) or (d),".
page 14
Road Traffic Amendment Bill 2008
s. 21
(5) Section 80G(7) is repealed and the following subsection is
inserted instead --
"
(7) If the Commissioner advises the Director General in
5 writing that the Commissioner intends to apply for an
order in respect of a particular vehicle, the Director
General must not, before the application is decided,
transfer the licence of the vehicle if the vehicle is
licensed.
10 ".
21. Section 80IA amended
Section 80IA(1) is amended by deleting "the" before
"responsible" and inserting instead --
" a ".
15 22. Section 80J amended
(1) Section 80J(1) is amended in the definition of "uncollected
vehicle" by deleting "2 months" and inserting instead --
" 28 days ".
(2) Section 80J(4)(a) is amended by deleting "the" before
20 "responsible person" and inserting instead --
" each ".
23. Certain cross references amended
The Act is amended by deleting "section 79" in each place
described in the Table to this section and inserting instead --
25 " section 79(1) ".
page 15
Road Traffic Amendment Bill 2008
s. 24
Table
s. 78C(1) and (3)(a) s. 78D(a)
s. 79B(1) s. 79C(1)
s. 79D(1) in the definition of s. 79E
"impounded vehicle"
s. 80IA(1) s. 80IB(1) and (5)
s. 80I(1) s. 80J(1) in the definition of
"item" paragraph (a)
s. 80J(1) in the definition of
"uncollected vehicle"
24. Certain references to impounding or confiscation order
amended
(1) The Act is amended by deleting "order under section 80(1),
5 80A(1), 80B(1), 80C(1), 80CA(1) or 80CB(1)" in each place
described in the Table to this subsection and inserting instead --
" impounding or confiscation order ".
Table
s. 78C(2), (3)(b), (4)(a) and s. 80F
(6)(a)
s. 80J(3)(b)
(2) Section 78D(a) is amended by deleting "orders under
10 section 80(1), 80A(1), 80B(1), 80C(1), 80CA(1) or 80CB(1)"
and inserting instead --
" impounding or confiscation orders ".
25. Certain references to impounding order amended
The Act is amended by deleting "order under section 80(1),
15 80B(1) or 80CA(1)" in each place described in the Table to this
section and inserting instead --
" impounding order ".
page 16
Road Traffic Amendment Bill 2008
s. 25
Table
s. 80H(1) s. 80IA(1)
s. 80IB(1) s. 80I(1)
s. 80J(1) in the definition of
"uncollected vehicle"
page 17
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