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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 (Vehicle Licensing)
Bill 2000
A Bill for
An Act to --
· amend the Road Traffic Act 1974; and
· consequentially amend various other Acts,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
148--1
Road Traffic Amendment (Vehicle Licensing) Bill 2000
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Road Traffic Amendment
(Vehicle Licensing) Act 2000.
5 2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) The day fixed under subsection (1) cannot be before the day on
which the Road Traffic Amendment Act 2000 comes into
operation.
page 2
Road Traffic Amendment (Vehicle Licensing) Bill 2000
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 For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 219.]
4. Section 5 amended
Section 5(1) is amended as follows:
(a) by deleting the definition of "agricultural implement";
10 (b) in the definition of "licensing provisions of this Act", by
deleting "and the First and Second Schedules" in
paragraph (a);
(c) by deleting the definition of "vehicle licence fee" and
inserting instead --
15 "
"vehicle licence charge" means the charge payable
under section 19(3);
".
5. Section 8 amended
20 Section 8(5) is amended by deleting "issue or".
6. Section 15 amended
(1) Section 15(1) is repealed and the following subsection is
inserted instead --
"
25 (1) A vehicle licence is required for a vehicle prescribed in
the regulations.
".
(2) Section 15(2) and (2a) are repealed.
page 3
Road Traffic Amendment (Vehicle Licensing) Bill 2000
Part 2 Road Traffic Act 1974 amended
s. 7
(3) Section 15(3) is amended as follows:
(a) by deleting "or issued" in both places where it occurs;
(b) by deleting paragraph (a) and inserting instead --
"
5 (a) if the regulations provide that when a vehicle
licence is renewed on an application made
within a prescribed period after the expiry of
the licence the renewal is to be regarded as
having taken effect immediately after the
10 licence expired, this subsection does not apply
to the use of the vehicle within that prescribed
period;
".
(4) Section 15(4) is amended as follows:
15 (a) by deleting "fees" and inserting instead --
" charges ";
(b) by deleting ", except where the licence for the vehicle
has, prior to the conviction being recorded, been
renewed under section 18(5)".
20 (5) Section 15(5) is amended by deleting "fees" in both places
where it occurs and inserting instead --
" charges ".
(6) Section 15(6) is amended by inserting after "vehicle licence" --
" document ".
25 7. Section 16 repealed
Section 16 is repealed.
8. Section 17 amended
(1) Section 17(1)(b)(i) is amended by inserting after "fee" --
" or charge ".
page 4
Road Traffic Amendment (Vehicle Licensing) Bill 2000
Road Traffic Act 1974 amended Part 2
s. 8
(2) After section 17(1) the following subsection is inserted --
"
(1a) On the payment of --
(a) a sum ordered under section 24(3) to be paid; or
5 (b) a sum specified under section 102(2a) in a
traffic infringement notice,
an application for a transfer under subsection (1) is to
be taken to have been made, and the payment is to be
taken to have been a payment under subsection (1)(b).
10 ".
(3) Section 17(2) is amended as follows:
(a) by inserting after "shall" --
" , subject to the regulations, ";
(b) after paragraph (b) by deleting "and";
15 (c) after paragraph (c) by deleting the full stop and
inserting --
"
;
(d) the Director General is satisfied that --
20 (i) the vehicle is kept primarily in this
State; or
(ii) the vehicle is not kept primarily in any
State or Territory;
and
25 (e) the applicant would not be prevented by or
under the law of another State or a Territory
from holding a licence for, or being registered
in respect of, the vehicle.
".
page 5
Road Traffic Amendment (Vehicle Licensing) Bill 2000
Part 2 Road Traffic Act 1974 amended
s. 9
9. Section 18 replaced
Section 18 is repealed and the following section is inserted
instead --
"
5 18. Regulations for the grant and renewal of vehicle
licences
(1) The regulations may provide for the grant or renewal of
a vehicle licence by the Director General to the extent
that a matter is not provided for in section 17.
10 (2) Without limiting subsection (1), the regulations may --
(a) fix the periods for which a vehicle licence may
be granted or renewed;
(b) fix the period, whether before or after the
expiry of a licence, within which the licence
15 may be renewed;
(c) if the regulations enable a licence to be
renewed after its expiry, provide that renewal
within a specified period after the expiry
continues the licence, except that the licence is
20 to be regarded as having been suspended on
and from the day of its expiry to the day before
the renewal; and
(d) provide for 3 or more vehicle licences held by
the same person to expire on the same day.
25 ".
10. Section 19 amended
(1) Section 19(3) is amended by deleting "fee specified in Part III
of the Second Schedule" and inserting instead --
" charge prescribed in the regulations ".
page 6
Road Traffic Amendment (Vehicle Licensing) Bill 2000
Road Traffic Act 1974 amended Part 2
s. 11
(2) Section 19(18) is amended by inserting after "fees" in both
places where it occurs --
" or charges ".
11. Section 20 amended
5 Section 20(1) is amended as follows:
(a) by inserting after "fees" --
" or charges ";
(b) by deleting "Bank" and inserting instead --
" bank ".
10 12. Section 22 amended
Section 22(1) is amended by deleting "fees received for the
issue and renewal of motor vehicle licences, other than
recording fees." and inserting instead --
" vehicle licence charges. ".
15 13. Section 23A amended
(1) Section 23A is amended as follows:
(a) by inserting before "The" the subsection
designation "(1)";
(b) by deleting "fee has" and inserting instead --
20 " fees and charges have ".
(2) At the end of section 23A the following subsection is
inserted --
"
(2) The Director General may, in circumstances described
25 in subsection (1), suspend the licence in respect of a
vehicle until the circumstances giving rise to the
suspension are remedied.
".
page 7
Road Traffic Amendment (Vehicle Licensing) Bill 2000
Part 2 Road Traffic Act 1974 amended
s. 14
14. Section 25 amended
Section 25(1) is amended by deleting the full stop and inserting
instead --
"
5 , or where a licence is cancelled or suspended under
section 23A.
".
15. Section 28A amended
(1) Section 28A(1) is repealed.
10 (2) Section 28A(2) is amended as follows:
(a) by deleting "Where Part III of the Second Schedule is
amended or substituted by regulations made under this
section, that Part as in force immediately before the
commencement day of those regulations" and inserting
15 instead --
"
Where regulations made under section 19(3) are
amended or replaced, the regulations as in force
immediately before the commencement day of the
20 amending or replacing regulations
";
(b) in paragraph (b) by deleting "pursuant to section 18 (4)"
and inserting instead --
"
25 in accordance with regulations made under
section 18
".
(3) Section 28A(3) is amended by deleting "section 36 of the
Interpretation Act 1918" and inserting instead --
30 " section 41 of the Interpretation Act 1984 ".
page 8
Road Traffic Amendment (Vehicle Licensing) Bill 2000
Road Traffic Act 1974 amended Part 2
s. 16
16. Section 31 amended
Section 31 is amended by deleting "issues" and inserting
instead --
" grants ".
5 17. Section 35 amended
Section 35 is amended by deleting "issue,".
18. Section 48C amended
Section 48C(1)(a) is amended by deleting "issued".
19. Section 49 amended
10 Section 49(4) is repealed and the following subsection is
inserted instead --
"
(4) Regulations may except a prescribed vehicle from the
application of subsection (1) when it is being driven by
15 a person with a physical disability.
".
20. Section 75 amended
Section 75(2) is amended by deleting "of its issue." and
inserting instead --
20 " it was granted. ".
21. Section 100 amended
Section 100(2) is amended by deleting "the issue of a renewal of
the licence or of a registration label" and inserting instead --
"
25 the renewal of the licence or the issue of a registration
label
".
page 9
Road Traffic Amendment (Vehicle Licensing) Bill 2000
Part 2 Road Traffic Act 1974 amended
s. 22
22. First and Second Schedules repealed
The First and Second Schedules are repealed.
23. Various references to "issue" changed to "grant"
(1) The Act is amended by deleting "issue" in each place where it
5 occurs that is specified in the Table to this subsection and
inserting instead --
" grant ".
Table
s. 15(4) s. 43(1)(d) (2 places)
s. 17(1) (2 places) s. 44(1)
s. 17(2) s. 47(1)
s. 17(4) s. 47(2)
s. 17(6) s. 48(1)
s. 20(1) (2 places) s. 48(3)(a)
s. 22(4) s. 48(5)
s. 25(1) s. 48(10)(a)
s. 26(1) s. 48C(1)
s. 26(3)(a) s. 48C(1a)
s. 27(1) (first and third places) s. 48C(2)
s. 29(1) s. 49(2)(a)(i)
s. 42(2) s. 76(1)
s. 42(7) (2 places) s. 76(3)
s. 42(8) s. 76(3a)
s. 42B(1) s. 76(5)(a)
s. 42B(2) s. 111(2)(i)
page 10
Road Traffic Amendment (Vehicle Licensing) Bill 2000
Road Traffic Act 1974 amended Part 2
s. 23
(2) The Act is amended by deleting "issued" in each place where it
occurs that is specified in the Table to this subsection and
inserting instead --
" granted ".
5 Table
s. 5(1) (definition of "driver's licence") s. 45(4) (2 places)
s. 5(1) (definition of "unrestricted licence") s. 46(1)(a)
s. 8(2) (2 places) s. 48(6)(a)
s. 8(5) s. 48(8) (2 places)
s. 19(17) (3 places) s. 48A(1)
s. 19(18) (3 places) s. 48C(2)
s. 20(2) s. 48C(3)
s. 20(3) s. 48C(4)
s. 24(4) s. 48D(1) (2 places)
s. 24B(3)(c) s. 48E(1)(b)
s. 26(3)(a) s. 49(2)(b) (2 places)
s. 26(4) s. 50
s. 26(5)(b) s. 51(1)
s. 27(1) s. 51(3)
s. 27(2) s. 51(3a)
s. 27A(2) s. 51(5)(b) (2 places)
s. 28(b) s. 64A(3)(b)
s. 28(c) s. 75(2)
s. 32 s. 75(2c)(a)
s. 33 (2 places) s. 76(3)
s. 36 (2 places) s. 76(5)(a)(i)
s. 37 (2 places) s. 76(6)
s. 38(1) s. 76(7)(a)
s. 38(2) (first place) s. 76(7)(b)
s. 42(7)(b) s. 76(8)(a)
s. 45(1) (4 places) s. 76(8)(b)
s. 45(1a) s. 77(1)
s. 45(3) s. 77(1)(b)
page 11
Road Traffic Amendment (Vehicle Licensing) Bill 2000
Part 2 Road Traffic Act 1974 amended
s. 24
(3) The Act is amended by deleting "issued with" in each place
where it occurs that is specified in the Table to this subsection
and inserting instead --
" granted ".
5 Table
s. 31 s. 43(1)(b)
s. 34
(4) The Act is amended by deleting "of issue" in each place where
it occurs that is specified in the Table to this subsection and
inserting instead --
" it is granted ".
10 Table
s. 45(1a) s. 48C(3)
s. 46(1)(a)
24. Various references to "fee" changed to "charge"
The Act is amended by deleting "fee" in each place where it
occurs that is specified in the Table to this subsection and
inserting instead --
15 " charge ".
Table
s. 19(17) (7 places) s. 34 (2 places)
s. 24(1)(b) (2 places) s. 37 (3 places)
s. 31 s. 38(1)
s. 33 (2 places)
page 12
Road Traffic Amendment (Vehicle Licensing) Bill 2000
Consequential amendments Part 3
Chattel Securities Act 1987 amended Division 1
s. 25
Part 3 -- Consequential amendments
Division 1 -- Chattel Securities Act 1987 amended
25. The Act amended
The amendments in this Division are to the Chattel Securities
5 Act 1987*.
[*Act No. 101 of 1987.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 34.]
26. Section 3 amended
10 Section 3(1) is amended by inserting after the definition of
"supply" the following definition --
"
"trailer" means a vehicle that is built to be towed, or is
towed, by a motor vehicle, whether by attachment
15 to the motor vehicle directly or to another trailer
towed by the motor vehicle, but does not include a
motor vehicle that is being towed;
".
27. Section 7 amended
20 (1) Section 7(5)(b) is amended by deleting ", caravan or semi-trailer
described in the First Schedule to that Act, being a motor
vehicle, trailer, caravan or semi-trailer".
(2) Section 7(6)(d) is amended by deleting ", caravan or semi-trailer
described in the First Schedule to that Act, being a motor
25 vehicle, trailer, caravan or semi-trailer".
page 13
Road Traffic Amendment (Vehicle Licensing) Bill 2000
Part 3 Consequential amendments
Division 2 Control of Vehicles (Off-road areas) Act 1978 amended
s. 28
28. Section 13 amended
Section 13(b) is amended by deleting ", caravans and
semi-trailers described in the First Schedule to the Road Traffic
Act 1974, being trailers, caravans and semi-trailers".
5 Division 2 -- Control of Vehicles (Off-road areas) Act 1978
amended
29. The Act amended
The amendments in this Division are to the Control of Vehicles
(Off-road areas) Act 1978*.
10 [* Reprinted as at 5 March 1999.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, pp. 51-2.]
30. Section 3 amended
Section 3(1) is amended by deleting the definition of "motor
15 cycle" and inserting instead the following definitions --
"
"motor car" has the meaning given by the regulations;
"motor cycle" has the meaning given by the
regulations;
20 ".
31. Section 9A amended
Section 9A(2) is amended by deleting ", as described in the First
Schedule to the Road Traffic Act 1974,".
32. Section 9B amended
25 Section 9B(3) is amended by deleting ", as described in the First
Schedule to the Road Traffic Act 1974,".
page 14
Road Traffic Amendment (Vehicle Licensing) Bill 2000
Consequential amendments Part 3
Local Government Act 1995 amended Division 3
s. 33
Division 3 -- Local Government Act 1995 amended
33. Section 3.38 amended
Section 3.38 of the Local Government Act 1995* is amended by
deleting the definition of "vehicle" and inserting the following
5 definition --
"
"vehicle" means a vehicle for which a vehicle licence
is required under the Road Traffic Act 1974 if the
vehicle is to be used on a road.
10 ".
[* Reprinted as at 18 February 2000.]
Division 4 -- Stamp Act 1921 amended
34. Section 76CB amended
Section 76CB(1) of the Stamp Act 1921* is amended by
15 deleting the definitions of "eligible vehicle" and "specialized
equipment" and inserting instead the following definitions --
"
"eligible vehicle" has the meaning given by the
regulations;
20 "specialised equipment" has the meaning given by the
regulations;
".
[* Reprinted as at 22 October 1999.
For subsequent amendments see 1999 Index to Legislation of
25 Western Australia, Table 1, pp. 236-7 and Act No. 6 of 2000.]
page 15
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