Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where a person to
whom a licence in respect of a vehicle has been granted ceases to be the owner
of the vehicle, he shall —
(a)
within 7 days after ceasing to be the owner, give notice in writing to
the Director General of the name and address of the new owner of the vehicle;
and
(b) if
the licence had been obtained without the payment of a vehicle licence charge
or upon the payment of a reduced vehicle licence charge and unless the
provisions of section 19(17) have been complied with, within 7 days
after ceasing to be the owner, return the licence and the appropriate number
plates to the Director General.
(2) A person who
becomes the owner of a vehicle in respect of which a licence has been granted
shall, within 14 days after becoming the owner, give notice in writing to
the Director General of that fact.
(2a) As soon as
practicable after receiving notice under subsection (1)(a) or (2), or
otherwise, of a change in the ownership of a vehicle in respect of which a
licence has been granted —
(a) if
the Director General reasonably suspects that the vehicle does not meet a
prescribed standard or requirement relating to the security of the vehicle,
the Director General may issue to the new owner a notice requiring that the
vehicle be modified so that it does meet the prescribed standard or
requirement; or
(b) if
the Director General is satisfied that the licence may be transferred under
section 17(2) and no application has been made under section 17(1),
the Director General may issue to the new owner a notice requiring that an
application for the transfer of the licence be made under section 17.
(2b) In
subsection (2a) —
new owner , in relation to a vehicle, means a
person who, according to the notice received by the Director General, has
become a new owner of the vehicle and, if there is more than one such person,
each or any of them.
(2c) If a vehicle has
not been modified in accordance with a notice issued under
subsection (2a)(a) within 28 days after the notice is issued, or any
longer period that the Director General allows, the Director General shall
cancel the licence in respect of the vehicle.
(2d) A person to whom
a notice is issued under subsection (2a)(b) commits an offence if an
application for the transfer of the licence for the vehicle is not made within
28 days after the notice is issued, or any longer period that the
Director General allows, unless it can be shown that —
(a) the
person did not agree to becoming an owner of the vehicle and has notified the
Director General in writing accordingly;
(b)
another person has been nominated for the purposes of section 5(4);
(c)
there is more than one owner of the vehicle and there is good reason why a
person was not nominated under section 5(4); or
(d)
there was some other good reason why the application for the transfer of the
licence was not made.
(3) The court
convicting a person of an offence against subsection (2d) shall, whether
imposing a penalty or not, order the person to pay the sum of —
(a) the
prescribed transfer fee; and
(b) the
amount payable under a taxation Act, as defined in the Taxation
Administration Act 2003 Glossary, in respect of the transfer of the
licence.
(4) The other
subsections of this section do not apply if a person to whom a licence in
respect of a vehicle has been granted dies, and in that case the Director
General shall on an application under section 17, if any, by the executor or
administrator of the estate of that person endorse on the licence the transfer
of the licence to that executor or administrator.
[Section 24 amended by No. 105 of 1981
s. 19; No. 11 of 1988 s. 19; No. 21 of 1995 s. 8;
No. 57 of 1995 s. 6; No. 76 of 1996 s. 20(3); No. 24
of 1999 s. 9; No. 39 of 2000 s. 13; No. 28 of 2001
s. 23(2) and 24; No. 45 of 2002 s. 27; No. 12 of 2008 s. 52.]