Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Control of Vehicles (Off-road
Areas) Act 1978 and includes the amendments made by the other written laws
referred to in the following table 1a. The table also contains
information about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
117 of 1978 |
12 Dec 1978 |
Act other than s. 11: 5 Oct 1979 (see
s. 2 and Gazette 5 Oct 1979 p. 3079) |
|
|
Acts Amendment (Traffic Board) Act 1981
Pt. VII |
106 of 1981 |
4 Dec 1981 |
2 Feb 1982 (see s. 2 and Gazette
2 Feb 1982 p. 393) |
|
Acts Amendment and Repeal (Credit) Act 1984
Pt. III |
102 of 1984 |
19 Dec 1984 |
31 Mar 1985 (see s. 2 and Gazette
8 Mar 1985 p. 867) |
|
Control of Vehicles (Off-road Areas) Amendment
Act 1985 |
12 of 1985 |
12 Apr 1985 |
s. 1 and 2:
12 Apr 1985; |
|
Control of Vehicles (Off-road Areas) Amendment
Act 1986 |
56 of 1986 |
26 Nov 1986 |
s. 1 and 2:
26 Nov 1986; |
|
24 of 1990 |
7 Sep 1990 |
20 Oct 1992 (see s. 2 and Gazette
2 Oct 1992 p. 4811) |
|
|
Acts Amendment (Public Sector Management)
Act 1994 s. 3(1) |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette
30 Sep 1994 p. 4948) |
|
53 of 1994 |
2 Nov 1994 |
1 Oct 1995 (see s. 2 and Gazette
29 Sep 1995 p. 4649) |
|
|
Planning Legislation Amendment Act (No. 2) 1994
s. 46(6) |
84 of 1994 |
13 Jan 1995 |
1 Mar 1995 (see s. 2 and Gazette
21 Feb 1995 p. 567) |
|
Aboriginal Heritage Amendment Act 1995
s. 53 |
24 of 1995 |
30 Jun 1995 |
1 Jul 1995 (see s. 2 and Gazette
30 Jun 1995 p. 2781) |
|
Sentencing (Consequential Provisions) Act 1995
Pt. 14 |
78 of 1995 |
16 Jan 1996 |
4 Nov 1996 (see s. 2 and Gazette
25 Oct 1996 p. 5632) |
|
Local Government (Consequential Amendments)
Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
30 of 1996 |
10 Sep 1996 |
1 Nov 1996 (see s. 2) |
|
|
Financial Legislation Amendment Act 1996
s. 64 |
49 of 1996 |
25 Oct 1996 |
25 Oct 1996 (see s. 2(1)) |
|
Road Traffic Amendment Act 1996 Pt. 3
Div. 2 |
76 of 1996 |
14 Nov 1996 |
1 Feb 1997 (see s. 2 and Gazette
31 Jan 1997 p. 613) |
|
Acts Amendment (Land Administration) Act 1997
Pt. 15 |
31 of 1997 |
3 Oct 1997 |
30 Mar 1998 (see s. 2 and Gazette
27 Mar 1998 p. 1765) |
|
Reprint of the Control of Vehicles (Off-road Areas)
Act 1978 as at 5 Mar 1999
|
|||
|
Statutes (Repeals and Minor Amendments) Act 2000
s. 48 |
24 of 2000 |
4 Jul 2000 |
4 Jul 2000 (see s. 2) |
|
Road Traffic Amendment Act 2000 Pt. 3 Div.
1 |
39 of 2000 |
10 Oct 2000 |
1 Jan 2006 (see s. 2 and Gazette
23 Dec 2005 p. 6244-5) |
|
Road Traffic Amendment (Vehicle Licensing)
Act 2001 Pt. 3 Div. 2 |
28 of 2001 |
21 Dec 2001 |
4 Dec 2006 (see s. 2 and Gazette 28 Nov 2006
p. 4889) |
|
Machinery of Government (Planning and Infrastructure)
Amendment Act 2002 Pt. 2 3 |
7 of 2002 |
19 Jun 2002 |
1 Jul 2002 (see s. 2 and Gazette
28 Jun 2002 p. 3037) |
|
Reprint of the Control of Vehicles (Off-road Areas)
Act 1978 as at 2 Aug 2002 (includes amendments listed
above except those in the Control of Vehicles (Off-road Areas) Act 1978
s. 11, the Road Traffic Amendment Act 2000 and the Road
Traffic Amendment (Vehicle Licensing) Act 2001) |
|||
|
Environmental Protection Amendment Act 2003
s. 142 |
54 of 2003 |
20 Oct 2003 |
19 Nov 2003 (see s. 2 and Gazette
18 Nov 2003 p. 4723) |
|
Local Government Amendment Act 2004
s. 13 |
49 of 2004 |
12 Nov 2004 |
1 Apr 2005 (see s. 2 and Gazette
31 Mar 2005 p. 1029) |
|
Courts Legislation Amendment and Repeal Act 2004
s. 141 4 |
59 of 2004 (as amended by No. 2 of 2008
s. 77(13)) |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette 31 Dec 2004
p. 7128) |
|
State Administrative Tribunal (Conferral of Jurisdiction)
Amendment and Repeal Act 2004 Pt. 2
Div. 26 5 |
55 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7130) |
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 s. 80 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Planning and Development (Consequential and Transitional
Provisions) Act 2005 s. 15 |
38 of 2005 |
12 Dec 2005 |
9 Apr 2006 (see s. 2 and Gazette
21 Mar 2006 p. 1078) |
|
Reprint 3: The Control of Vehicles (Off-road Areas)
Act 1978 as at 17 Feb 2006 (includes amendments listed
above except those in the Control of Vehicles (Off-road Areas) Act 1978
s. 11, the Road Traffic Amendment (Vehicle Licensing) Act 2001
and the Planning and Development (Consequential and Transitional
Provisions) Act 2005) |
|||
|
Machinery of Government (Miscellaneous Amendments) Act
2006 Pt. 12 Div. 2 |
28 of 2006 |
26 Jun 2006 |
1 Jul 2006 (see s. 2 and Gazette
27 Jun 2006 p. 2347) |
|
60 of 2006 |
16 Nov 2006 |
1 Jan 2007 (see s. 2(1) and Gazette
8 Dec 2006 p. 5369) |
|
|
Financial Legislation Amendment and Repeal Act 2006
s. 17 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette
19 Jan 2007 p. 137) |
|
Reprint 4: The Control of Vehicles (Off-road Areas)
Act 1978 as at 20 Feb 2009 (includes amendments listed
above) |
|||
|
Statutes (Repeals and Miscellaneous Amendments) Act
2009 s. 40 |
8 of 2009 |
21 May 2009 |
22 May 2009 (see s. 2(b)) |
|
Acts Amendment (Bankruptcy) Act 2009 s.
22 |
18 of 2009 |
16 Sep 2009 |
17 Sep 2009 (see s. 2(b)) |
1a On the date as at which this
compilation was prepared, provisions referred to in the following table had not
come into operation and were therefore not included in this compilation. For
the text of the provisions see the endnotes referred to in the table.
Provisions that have not come
into operation
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
117 of 1978 (as amended by No. 7 of 2002
s. 7) |
12 Dec 1978 |
To be proclaimed (see s. 2) |
2 On the date as at which this compilation was prepared, the
Control of Vehicles (Off-road Areas) Act 1978 s. 11 (as amended
by the Machinery of Government (Planning and Infrastructure) Amendment
Act 2002 s. 7) had not come into operation. It reads as
follows:
“
11. Responsibility of owners
(1) Subject to the provisions of subsection (2) of this section, the
owner of any vehicle which is —
(a) required to be registered under this Act; or
(b) a vehicle licensed under the Road Traffic Act 1974, when
being used otherwise than on a road,
shall in all proceedings in respect of damage, injury or death arising
from the use of any such vehicle by some other person under the age of
18 years and lawfully in possession of the vehicle, be liable in respect of
the probable consequences of the driving and use of that vehicle, otherwise than
on private land by consent, as though he had formed a common intention and acted
jointly with that other person.
(2) It shall, be a defence to any proceedings arising out of the
provisions of subsection (1) of this section for the owner to show that he
did not know, and could not reasonably be expected to have known, and had used
all due diligence to prevent, the use to which the vehicle was put.
(3) For the purposes of this section, notwithstanding that pursuant
to —
(a) subsection (4) of section 5 of the Road Traffic
Act 1974; or
(b) subsection (2) of section 3 of this Act,
a person has been nominated and is deemed, for the purposes of that Act
or for the purposes of this Act other than this section, to be the owner of the
vehicle to which the nomination relates that nomination shall not take or have
effect to limit the liability of any other person who would but for such
nomination be or be deemed to be an owner of the vehicle.
[Section 11 amended by No. 7 of 2002 s. 7.]
”.
3 The Machinery of Government (Planning and Infrastructure)
Amendment Act 2002 s. 11(2) and (3) read as follows:
“
(2) The balance of the Off-Road Vehicles Account as it was before this
section came into operation is to be the opening balance of the account of that
name established under the Control of Vehicles (Off-road Areas)
Act 1978 section 43(3) as amended by
subsection (1).
(3) The amount of that opening balance is to be reflected by a closing
entry in the Off-Road Vehicles Account that was, before this section came into
operation, required to be maintained as a part of the Trust Fund constituted
under the Financial Administration and Audit Act 1985
section 9.
”.
4 The Courts Legislation Amendment and Repeal
Act 2004 Sch. 2 cl. 12 was repealed by the Criminal Law and
Evidence Amendment Act 2008 s. 77(13).
5 The State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State
Administrative Tribunal Act 2004 s. 167 and 169, and the State
Administrative Tribunal Regulations 2004 r. 28 and 42 deal with
certain transitional issues some of which may be relevant for this
Act.
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined Term Provision(s)
alleged
offender 37(5a)
authorised officer 3(1)
certificate 3(1)
certificate of
registration 3(1)
Committee 3(1)
Department 3(1)
Director
General 3(1)
district 3(1)
drive 3(1)
driver 3(1)
infringement
notice 3(1)
motor car 3(1)
motor cycle 3(1)
new
owner 29A(4)
off-road vehicle 3(1)
owner 3(1)
permitted
area 3(1)
private land 3(1)
prohibited area 3(1)
public
authority 3(1)
responsible person 3(1)
road 3(1)
seat belt 3(1)
seat
position 3(1)
vehicle 3(1)