Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where the Court
finds that any vehicle is so constructed or in such condition that it is
likely to occasion danger to any person or damage to property or that any
vehicle has been used in the commission of an offence against this Act the
Court may order that the vehicle shall be detained by or on behalf of the
Director General or a local government —
(a) for
a period not exceeding 12 months; or
(b)
until the Director General is satisfied that arrangements have been made that
will ensure that the construction or condition of the vehicle will be so
changed as to eliminate the source of danger,
but where it appears
to the Court that some person is lawfully entitled to possession and is not
guilty of an offence in relation thereto the Court may order the vehicle to be
delivered to that person.
(2) Where any vehicle
is detained by or on behalf of the Director General or a local government
pursuant to this Act and —
(a) a
responsible person cannot be found after reasonable inquiry; or
(b) a
responsible person dies, and after reasonable inquiry no other person appears
to the Director General or that local government to be lawfully entitled to
possession of the vehicle; or
(c) the
vehicle is not recovered from the custody of the Director General or that
local government within a prescribed period,
then, after the expiry
of the period of detention relating thereto, the Director General or that
local government may dispose of or sell that vehicle and apply the proceeds of
that disposal or sale in accordance with regulations made under this Act.
[Section 42 amended by No. 106 of 1981
s. 34; No. 14 of 1996 s. 4; No. 76 of 1996 s. 27; No.
39 of 2000 s. 59; No. 59 of 2004 s. 141.]