Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A responsible
person for a vehicle commits an offence if —
(a) an
offence against any written law is alleged to have occurred of which the
driving or being in charge of the vehicle is an element;
(b) a
member of the Police Force requests the responsible person to give information
which may lead to the identification of the driver or person in charge of the
vehicle at the time of the alleged offence;
(c) the
responsible person has, or could reasonably have ascertained, the information;
and
(d) the
responsible person fails to give the information.
Penalty: For a first offence by an individual, 24
PU.
For a subsequent offence by an individual, 48 PU.
For an offence by a
person other than an individual, 100 PU.
(2) A responsible
person for a vehicle commits an offence if —
(a) an
offence against any written law is alleged to have occurred of which the
driving or being in charge of the vehicle is an element;
(b) a
member of the Police Force requests the responsible person to give information
which may lead to the identification of the driver or person in charge of the
vehicle at the time of the alleged offence; and
(c) the
responsible person gives false information in response to the request.
Penalty: For a first offence by an individual, 24
PU.
For a subsequent offence by an individual, 48 PU.
For an offence by a
person other than an individual, 100 PU.
(3) In
subsections (1) and (2) —
responsible person includes a person to whom the
possession or control of the vehicle was entrusted at the time of the alleged
offence referred to in subsection (1)(a) or (2)(a), as the case may be.
(4)
Subsection (1) does not apply if the request for information was made in
a notice under section 102C.
(5) If a person is
charged with an offence against subsection (1) the person may be
convicted of an offence against section 58A.
[Section 58 inserted by No. 39 of 2000 s. 32
(as amended by No. 84 of 2004 s. 80).]