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This is a Bill, not an Act. For current law, see the Acts databases.
WESTERN AUSTRALIA
LEGISLATIVE ASSEMBLY
(As amended in Committee and upon recommittal)
TRANSPORT CO-ORDINATION
AMENDMENT BILL 1998
A BILL FOR
AN ACT to amend the Transport Co-ordination Act 1966
and to validate certain past acts.
The Parliament of Western Australia enacts as follows:
Short title
1. This Act may be cited as the Transport Co-ordination
Amendment Act 1998.
No. 120 -- 3
Transport Co-ordination Amendment
cl. 2 Bill 1998
Commencement
2. This Act comes into operation on the day on which it
receives the Royal Assent.
Principal Act
5 3. In this Act the Transport Co-ordination Act 1966* is referred
to as the principal Act.
[* Reprinted as at 9 September 1997.
For subsequent amendments see 1997 Index to
Legislation of Western Australia, Table 1, pp. 237-8.]
10 Long title amended
4. The long title to the principal Act is amended by inserting
after ``State,'' the following --
``
in certain circumstances to provide or to arrange for
15 the provision of certain forms of public transport,
''.
Section 7 amended
5. Section 7 of the principal Act is amended by inserting after
subsection (3) the following subsections --
20 ``
(4) The Minister may, by writing under the Minister's
seal, empower a person, either generally or in respect of a
specified matter or specified matters, as the agent or
attorney of the Minister to execute deeds or other
25 instruments on the Minister's behalf, and a deed or other
instrument executed by such an agent or attorney on behalf
of the Minister binds the Minister and has the same effect
as if it were under the seal of the Minister.
2
Transport Co-ordination Amendment
Bill 1998 cl. 6
(5) For the purposes of this Act, the Minister may
make use of a facsimile of --
(a) the Minister's seal; or
(b) the signature of the Minister or of an agent or
5 attorney empowered to execute deeds or other
instruments on the Minister's behalf under
subsection (4),
and a deed or other instrument purporting to be endorsed
with such a facsimile shall, until the contrary is shown, be
10 deemed to have been sealed or signed by the Minister, or by
an agent or attorney, referred to in paragraph (b), as the
case requires.
''.
Section 15A amended
15 6. Section 15A of the principal Act is amended by inserting
after subsection (6) the following subsection --
`` (7) The due payment of moneys payable by the
Treasurer under a guarantee under this section is to be
20 charged to and paid out of the Consolidated Fund, and this
subsection appropriates that fund accordingly.
''.
Section 18C amended
7. Section 18C of the principal Act is amended --
25 (a) by repealing subsection (1) and substituting the
following subsection --
`` (1) It is a function of the Minister to do any,
or a combination of any, of the following --
30 (a) to provide reliable, efficient and
economic passenger services by
omnibus, ferry and train in the
metropolitan area;
3
Transport Co-ordination Amendment
cl. 7 Bill 1998
(b) to arrange, manage, facilitate and
promote the provision of reliable,
efficient and economic passenger
services by omnibus, ferry and train
5 in the metropolitan area,
so far as in the Minister's opinion it is
practicable to do so.
'';
and
10 (b) by inserting after subsection (2) the following
subsections --
``
(3) Without limiting subsection (2), for the
purpose of the performance of one or more of the
15 functions described in subsection (1), the
Minister, subject to subsection (4), may --
(a) acquire, hold, give security over, or
dispose of real and personal property
(including disposal for the purpose of
20 subsequently acquiring the same
property or any part of, or interest in,
the property); and
(b) enter into any agreement,
arrangement or transaction, financial
25 or otherwise, that the Minister thinks
is expedient.
(4) Where under subsection (3)(b) the
Minister enters into an agreement, arrangement
or transaction to acquire or dispose of all or any
30 substantial part of the Transperth omnibus fleet
(however described), the Minister must, within 3
4
Transport Co-ordination Amendment
Bill 1998 cl. 8
days when the Parliament is next sitting, cause
to be tabled in both Houses of Parliament --
(a) a cost/benefit statement including
details of expected savings projected
5 over the terms of the agreement,
arrangement or transaction; and
(b) a certificate issued by the Under
Treasurer verifying that the savings
are reasonably attainable.
10 (5) In this section --
``acquire'' includes taking on lease or
licence or in any other manner in
which an interest in property may be
acquired;
15 ``dispose of '' includes dispose of by way of
lease, licence or bailment or in any
other manner in which an interest in
property may be disposed of.
''.
20 Section 18D amended
8. Section 18D (1) of the principal Act is amended --
(a) by inserting after ``the Minister may'' the following --
`` , without limiting section 18C (3), '';
(b) in paragraph (b) by deleting the full stop and
25 substituting a comma; and
5
Transport Co-ordination Amendment
cl. 9 Bill 1998
(c) by inserting after paragraph (b) the following --
``
and, for the purposes of this subsection, may
exercise all or any of the powers of the Minister
5 under section 18C (2) or (3).
''.
Section 18G inserted
9. After section 18F of the principal Act the following section is
inserted --
10 ``
Guarantee by Treasurer
18G. (1) The Treasurer may, in the name and on behalf
of the Crown in right of the State, guarantee the payment
of any financial obligations of the Minister under an
15 agreement, arrangement or transaction entered into under
section 18C (3).
(2) A guarantee is to be in such form and subject to
such terms and conditions as the Treasurer determines.
(3) The due payment of moneys payable by the
20 Treasurer under a guarantee is to be charged to and paid
out of the Consolidated Fund, and this subsection
appropriates that fund accordingly.
(4) The Treasurer is to cause to be credited to the
Consolidated Fund any amounts received or recovered from
25 the Minister or otherwise in respect of any payment made
by the Treasurer under a guarantee.
''.
6
Transport Co-ordination Amendment
Bill 1998 cl. 10
Section 50 amended
10. Section 50 (1) of the principal Act is amended by deleting
the penalty at the end of the subsection and substituting the
following penalty --
5 ``
Penalty for an individual: $2 500.
Penalty for a body corporate: $10 000.
''.
Section 56 amended
10 11. Section 56 of the principal Act is amended --
(a) by deleting ``$200'' and substituting the following --
`` $2 000 ''; and
(b) by deleting ``$40'' and substituting the following --
`` $400 ''.
15 Section 58A inserted
12. After section 58 of the principal Act the following sections
are inserted --
``
Infringement notices
20 58A. (1) A reference in subsection (2), (3), (5) or (7) to
an ``authorized person'' is a reference to a person
appointed under subsection (10) to be an authorized person
for the purposes of the subsection in which the term is
used.
7
Transport Co-ordination Amendment
cl. 12 Bill 1998
(2) Subject to section 58B, an authorized person who
has reason to believe that a person has committed a
prescribed offence against this Act or the regulations may,
within 28 days after the alleged offence is believed to have
5 been committed, give an infringement notice to the alleged
offender.
(3) An infringement notice is to be in the prescribed
form and is to --
(a) contain a description of the alleged offence;
10 (b) advise that if the alleged offender does not wish
to have a complaint of the alleged offence heard
and determined by a court, the amount of money
specified in the notice as being the modified
penalty for the offence may be paid to an
15 authorized person within a period of 28 days
after the giving of the notice; and
(c) inform the alleged offender as to who are
authorized persons for the purposes of receiving
payment of modified penalties.
20 (4) In an infringement notice the amount specified as
being the modified penalty for the offence referred to in the
notice is to be the amount that was the modified penalty
prescribed by regulation at the time the alleged offence is
believed to have been committed.
25 (5) An authorized person may, in a particular case,
extend the period of 28 days within which the modified
penalty may be paid and the extension may be allowed
whether or not the period of 28 days has elapsed.
(6) Where the modified penalty specified in an
30 infringement notice has been paid within 28 days or such
further time as is allowed and the notice has not been
withdrawn, the bringing of proceedings and the imposition
of penalties are prevented to the same extent as they would
be if the alleged offender had been convicted by a court of,
35 and punished for, the alleged offence.
8
Transport Co-ordination Amendment
Bill 1998 cl. 12
(7) An authorized person may, whether or not the
modified penalty has been paid, withdraw an infringement
notice by sending to the alleged offender a notice in the
prescribed form stating that the infringement notice has
5 been withdrawn.
(8) If an infringement notice is withdrawn after the
modified penalty has been paid, the amount is to be
refunded.
(9) Payment of a modified penalty is not to be regarded
10 as an admission for the purposes of any proceedings,
whether civil or criminal.
(10) The Director General may, in writing appoint
persons or classes of persons to be authorized persons for
the purposes of subsection (2), (3), (5) or (7) but a person
15 who is authorized to give infringement notices under
subsection (2) is not eligible to be an authorized person for
the purposes of any of the other subsections.
(11) The Director General shall issue to each person
who is authorized to give infringement notices under this
20 section a certificate stating that the person is so authorized,
and the authorized person is to produce the certificate
whenever required to do so by a person to whom he or she
has given or is about to give an infringement notice.
Owner onus in relation to motor vehicles
25 58B. (1) If an allegation is made of a prescribed offence
against this Act or the regulations where an element of that
offence is the parking, standing or leaving of a motor
vehicle, and the identity of the driver or person in charge of
the motor vehicle at the time of the commission of that
9
Transport Co-ordination Amendment
cl. 12 Bill 1998
offence cannot be immediately established, an infringement
notice in respect of that allegation may be served under
section 58A (2) on the owner of the motor vehicle --
(a) at the owner's last known place of residence or
5 business; or
(b) by leaving the infringement notice in or on, or
attaching it to, the motor vehicle.
(2) When an infringement notice is served on the
owner of a motor vehicle in the circumstances referred to in
10 subsection (1), then, unless within the period stated in the
infringement notice or that period as extended --
(a) the modified penalty is paid; or
(b) the owner --
(i) identifies to an authorized person the
15 person who was the driver or person in
charge of the motor vehicle at the relevant
time; or
(ii) satisfies an authorized person that, at the
relevant time, the motor vehicle had been
20 stolen or unlawfully taken or was being
unlawfully used,
the owner is deemed to be the driver or person in charge of
the motor vehicle at the time of the commission of the
alleged offence.
25 (3) In this section --
``authorized person'' means an authorized person
appointed under section 58A (10) for purposes
other than to serve infringement notices under
section 58A (2);
10
Transport Co-ordination Amendment
Bill 1998 cl. 13
``motor vehicle'' has the meaning given by the
Road Traffic Act 1974;
``owner'' in relation to a vehicle means the person
who is the holder of the requisite vehicle licence
5 under the Road Traffic Act 1974 in respect of
that vehicle, or, if the vehicle is not licensed
under that Act, the person who owns the vehicle
or is entitled to its possession.
''.
10 Section 60 amended
13. Section 60 of the principal Act is amended --
(a) in subsection (2) by inserting after paragraph (o) the
following paragraphs --
``
15 (oa) the prescription of offences for which an
infringement notice may be given under
section 58A;
(ob) the prescription of a modified penalty not
exceeding $500 for an offence prescribed
20 under paragraph (oa);
'';
(b) by inserting after subsection (2a) the following
subsection --
``
25 (2b) Without limiting subsection (1), the
Governor may make regulations with respect to
passenger services provided in accordance with
Division 4 of Part II, and in particular --
(a) providing for the setting of fares for
30 those services by the Director General
and prescribing the manner in which
the fares are to be set;
11
Transport Co-ordination Amendment
cl. 14 Bill 1998
(b) providing the conditions under which
persons may use the facilities of those
services; and
(c) regulating the conduct of persons
5 using those services.
'';
and
(c) in subsection (3) (b) by deleting ``$500'' and
substituting the following --
10 `` $2 000 ''.
Validation
14. For the avoidance of doubt, any thing done by the Minister
before the coming into operation of section 7 that the Minister
would have been empowered to do if section 18C of the principal
15 Act as amended by that section had then been in force is declared
to be, and to have always been, valid.
12
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