Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) A person who
contravenes or fails to comply with any of the provisions of these
regulations, commits an offence.
(1a) A person who
commits an offence against Part 16 of these regulations, other than an
offence contained in Part 16 Division 5, is liable to —
(a) a
minimum penalty of the number of penalty units that could be imposed as a
modified penalty for the particular offence and a maximum penalty of
twenty-four penalty units (24 PU) for a first offence; and
(b) a
minimum penalty of the number of penalty units that could be imposed as a
modified penalty for the particular offence and a maximum penalty of
forty-eight penalty units (48 PU) for a subsequent offence.
(2) A person who
commits an offence against these regulations is liable to a penalty not
exceeding twenty-four penalty units (24 PU) and, for a subsequent
offence, to a penalty not exceeding thirty-two penalty units (32 PU).
(2a) For the purposes
of subregulation (1a), an offence shall be regarded as a subsequent
offence if the person by whom it is committed has previously committed an
offence against Part 16 of these regulations, other than an offence
contained in Part 16 Division 5.
(3) For the purposes
of subregulation (2), an offence against these regulations shall be
regarded as a subsequent offence if the person by whom it is committed has
previously committed an offence against these regulations, or against the Road
Traffic Code 1975 .
(4) The offences in
this Code that are followed by a penalty expressed as a “modified
penalty” are offences that are prescribed for the purposes of
section 102 of the Act, and the modified penalty directly following the
offence is the prescribed penalty in respect of that offence, if dealt with
under that section, in the manner prescribed in the Road Traffic
(Infringements) Regulations 1975.
(5) If the commission
of an offence under this Code involves the driving or use of a motor vehicle
and this Code fixes a penalty for the offence expressed as a number of points,
the Road Traffic (Miscellaneous) Regulations 2008 regulation 6(3)
prescribes that offence as a demerit point offence in WA.
[Regulation 9 amended in Gazette
1 Dec 2000 p. 6752; 6 Apr 2004 p. 1135;
22 Dec 2006 p. 5817; 5 Apr 2007 p. 1555-6;
29 Feb 2008 p. 694; 10 Jun 2008 p. 2467.]