Western Australian Consolidated Regulations

ROAD TRAFFIC (LICENSING) REGULATIONS 1975 - REG 27C

27C .         Confiscation and disposal of imitation plates

        (1)         A member of the Police Force may seize and take possession of — 

            (a)         any imitation plate that the member has reasonable grounds to believe has been manufactured, sold or supplied contrary to regulation 27B; or

            (b)         any imitation plate that is fixed to a vehicle.

        (2)         The Director General may, with the approval of a justice, cause an imitation plate seized under this regulation to be destroyed.

        (3)         An imitation plate may be destroyed under subregulation (2) whether or not any person has been convicted of or charged with an offence under regulation 27B in connection with the plate.

        (4)         When, or as soon as practicable after, an imitation plate is seized under this regulation a member of the Police Force shall serve the person from whom it was seized with a notice that informs the person — 

            (a)         that the plate is liable to be destroyed; and

            (b)         that the person may make written representations to the Director General in relation to the plate within 10 days after service of the notice.

        (5)         For the purposes of subregulation (4) an imitation plate that was fixed to a vehicle shall be deemed to have been seized from the person who is the owner of the vehicle within the meaning of paragraph (d) of the definition of owner in section 5(2) of the Act.

        (6)         At any time after the expiration of 14 days from service of the notice under subregulation (4) the Director General may apply to a justice for approval to destroy the imitation plate.

        (7)         The application shall be accompanied by copies of any representations received under subregulation (4)(b) in relation to the plate.

        (8)         The justice, after considering the application, the representations (if any), and the need (if any) for the plate to be retained for evidentiary purposes, may — 

            (a)         approve of the destruction of the plate;

            (b)         direct that the plate be returned to the person from whom it was seized; or

            (c)         authorise the continued retention of the plate for evidentiary purposes.

        (9)         A person is not entitled to any payment by way of compensation or restitution in respect of the seizure, retention or destruction of an imitation plate under this regulation.

        [Regulation 27C inserted in Gazette 2 Jun 1989 p. 1611; amended in Gazette 31 Jan 1997 p. 683-4.]