Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A vehicle
licence is required for a vehicle prescribed in the regulations.
[(2) deleted]
(3) Where a vehicle
for which there is not a valid vehicle licence granted under this Act is used
on any road, a responsible person for the vehicle and any person so using the
vehicle or causing or permitting such use commits an offence against this Act,
but —
(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
licence expired, this subsection does not apply to the use of the vehicle
within that prescribed period;
(b) it
is a defence to a charge of an offence against this subsection against any
person other than a responsible person for the vehicle if the accused proves
that he had no knowledge that a valid vehicle licence had not been granted in
respect of the vehicle; and
(c) a
person shall not be convicted of an offence against this subsection if he has
already been convicted, or charged and acquitted of an offence against
section 4(3)(a) of the Motor Vehicle (Third Party Insurance)
Act 1943 , and both those offences or alleged offences were committed
simultaneously.
(4) A person who is
convicted of an offence against this section shall be liable to a penalty not
exceeding 10 PU, and in addition, the court shall order the accused to pay a
further penalty equal to the charges payable under this Act for the grant of a
vehicle licence for the vehicle concerned for a period of 6 months.
(5) Any person who has
committed an offence against this section for which he has not been prosecuted
shall be liable to pay to the Director General the charges which he might have
been ordered to pay on conviction of such offence, and such charges shall be
recoverable in any court of competent jurisdiction.
(6) For the purposes
of the provisions of this section a vehicle licence document or equivalent
document issued in any other State or Territory of the Commonwealth for a
vehicle for which each responsible person is not ordinarily resident within
the State of Western Australia shall, during the currency of the licence, be
deemed to be a vehicle licence document under this Act in respect of the
vehicle when used on any road within the State of Western Australia.
[Section 15 amended by No. 105 of 1981
s. 19; No. 11 of 1988 s. 5 and 24; No. 13 of 1994
s. 12; No. 57 of 1995 s. 4; No. 76 of 1996 s. 20(3);
No. 50 of 1997 s. 13; No. 39 of 2000 s. 7; No. 28 of 2001
s. 6 and 23(1); No. 84 of 2004 s. 80 and 82.]
[ 16. Deleted by No. 28 of 2001 s. 7.]