Western Australia Road Traffic Amendment (Hoons) Bill 2009

8/3/2019 Western Australia Road Traffic Amendment (Hoons) Bill 2009

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0633 page i

Western Australia

Road Traffic Amendment (Hoons) Bill 2009

CONTENTS

Part 1 Preliminary

1. Short title 22. Commencement 2

Part 2 Road Traffic Act 1974

amended

3. Act amended 34. Section 23A amended 35. Section 60 amended 36. Section 61 amended 47. Section 78A amended 48. Section 78C amended 59. Section 78D amended 710. Section 78E amended 7

11. Section 79 amended 812. Section 79A replaced 1079A. Impounding of vehicle for impounding

offence (drivers licence) 1079BA. Notice to surrender vehicle for

impoundment 1079BB. Consequences of surrender notice 1279BC. Effect of resolving pending charge in

favour of driver 1379BD. Suspension of vehicle licence at request

of Commissioner 1513. Section 79B amended 1614. Section 79C amended 1715. Section 79D amended 2016. Section 79E replaced 20

79E. Liability for expenses of police impounding 2017. Section 80 deleted 21


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Contents

page ii

18. Section 80E amended 2119. Section 80FA amended 21

20. Section 80G amended 2121. Section 80IA amended 2322. Section 80IB amended 2323. Section 80I amended 2324A. Section 80JA inserted 23

80JA. Commissioner may sell vehicleimpounded under s. 79A at any time withconsent of owner etc. 23

24. Section 80J amended 2625A Section 80K amended 2725. Section 80LA inserted 28

80LA. Liability for unrecovered expenses of

selling uncollected vehicle 28Part 3 Road Safety Council

Act 2002 amended

26. Act amended 2927. Section 12 amended 29


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page 1

Western Australia

LEGISLATIVE ASSEMBLY

(As amended in Committee)


A Bill for

An Act to amend theRoad Traffic Act 1974and, in consequence, to

amend theRoad Safety Council Act 2002.

The Parliament of Western Australia enacts as follows:


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Part 1 Preliminary

s. 1

page 2

Part 1 Preliminary1

1. Short title2

This is the Road Traffic Amendment (Hoons) Act 2009.3

2. Commencement4

(1) This Act comes into operation as follows 5

(a) sections 1 and 2 on the day on which this Act6

receives the Royal Assent;7

(b) the rest of the Act on a day fixed by proclamation,8

and different days may be fixed for different provisions.9

(2) A day fixed under subsection (1)(b) cannot be before theRoad10Traffic Amendment Act 2008 sections 5(a) and 8 have both11come into operation even if this Act receives the Royal Assent12

before those provisions of that Act have both come into13

operation.14


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Road Traffic Act 1974 amended Part 2

s. 3

page 3

Part 2 Road Traffic Act 1974amended1

3. Act amended2

This Part amends theRoad Traffic Act 1974.3

4. Section 23A amended4

After section 23A(2) insert:5

6

(3) If requested under section 79BD to do so, the Director7

General must, in accordance with the request 8

(a) suspend the licence in respect of a vehicle; or9

(b) revoke the suspension of the licence in respect10

of a vehicle.11

12

Note: The heading to amended section 23A is to read:13

Cancellation or suspension of vehicle licence in certain14circumstances15

5. Section 60 amended16

(1) After section 60(1c) insert:17

18

(1D) A member of the Police Force who reasonably suspects19

that a person has committed an offence against this20

section may, without a warrant, arrest the person.21

22

(2) In section 60(2) delete section 61 or 62. and insert:23

24

section 61 or 62 or, if the charge is of an offence25

against subsection (1), an offence against section 62A.26

27


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Part 2 Road Traffic Act 1974 amended

s. 6

page 4


In section 61(2) delete section 62. and insert:23

section 62 or 62A.4

5

7. Section 78A amended6

(1) In section 78A delete the definitions of:7

circumstances of aggravation8

impounding offence (drivers licence)9

impounding offence (driving)10

(2) In section 78A insert in alphabetical order:11

12

day of the offence means the day on which the relevant13

offence was committed;14

impounding offence (drivers licence) means 15

(a) an offence against section 49(1)(a) that is16

committed by a person described in17

section 49(3)(a), (b) or (c); or18

(b) an offence against section 77(1)(a); or19

(c) an offence committed before the coming into20

operation of theRoad Traffic Amendment21

Act 2008 section 5(a) that was an impounding22offence (drivers licence) as defined in this23

section as in force when the offence was24

committed;25

impounding offence (driving) means an offence26

against section 60 or 62A committed after the coming27

into operation of theRoad Traffic Amendment (Hoons)28

Act 2009 section 7 or an offence committed before the29coming into operation of that section that was an30


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s. 8

page 5

impounding offence (driving) as defined in this section1

as in force when the offence was committed;2

3

(3) In section 78A in the definition ofimpounding or confiscation4

orderdelete 80(1),.5

(4) In section 78A in the definition ofimpounding orderdelete6

80(1),.7

(5) In section 78A in the definition ofimpounding periodafter8

vehicle is insert:9

10

specified to be1112

8. Section 78C amended13

(1) In section 78C(1) delete or 79A and insert:14

15

or 79A(1)16

17

(2) After section 78C(1) insert:18

19

(2A) A member of the Police Force may take possession of a20

vehicle for the purpose of impounding it by operation21

of section 79BB(2).22

23

(3) In section 78C(2) 24

(a) after effect to insert:25

26

the impounding of a vehicle by operation of27

section 79BB(2) or2829


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s. 8

page 6

(b) delete a vehicle that is the subject of the order and1

insert:2

3

the vehicle concerned 4

5

(4) In section 78C(3):6

(a) in paragraph (a) delete 79A; or and insert:7

8

79A(1); or9

10

(b) after paragraph (a) insert:1112

(ba) impounded, or to be impounded, by operation13

of section 79BB(2); or14

15

(5) Delete section 78C(4) and insert:16

17

(4) If a member of the Police Force reasonably suspects18

that the keys to a vehicle referred to in19

subsection (3)(ba) or (b) are, or the vehicle is, in any20

premises, the member may, without a warrant, at any21

time, enter the premises for either or both of the22

following purposes 23

(a) seizing the keys;24

(b) driving, towing or otherwise conveying the25

vehicle to a place where the vehicle is to be26

stored.27

28


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s. 9

page 7

9. Section 78D amended1

In section 78D:2

(a) in paragraph (a) delete section 79(1) or 79A or and3

insert:4

5

section 79(1), 79A(1) or 79BB or6

7

(b) after paragraph (a) insert:8

9

(ba) the surrender of vehicles under this Division;10

11

(c) delete paragraph (b) and insert:12

13

(b) the storage and the release of vehicles that are,14

or have been, impounded or confiscated under15

this Division;16

17

(d) after paragraph (b) insert:18

19

(ca) the sale or other disposal of vehicles or items20

under section 80J;2122

10. Section 78E amended23

In section 78E delete 80H or 80K and insert:24

25

80H, 80K or 80LA26

27

Note: The heading to amended section 78E is to read:28

Recovery of expenses owed to Commissioner29


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s. 11

page 8


(1) Delete section 79(1) and insert:23

(1A) In this section 4

previous offendermeans a person 5

(a) who has previously been convicted of an6

impounding offence (driving); or7

(b) against whom a charge of an impounding8

offence (driving) is pending;9

surrender notice has the meaning given in10

section 79BA.11

(1) If a member of the Police Force reasonably suspects12

that, while driving a vehicle, the driver has committed13

an impounding offence (driving), the member must,14

unless in the circumstances it is impracticable to do so,15

impound the vehicle within a period of 28 days after16

the day of the offence.17

18

(2) In section 79(2):19

(a) in paragraph (a) delete the 7

th

day and insert:2021

the 28th day22

23

(b) delete paragraph (b) and insert:24

25

(b) if, under subsection (3A), the member of the26

Police Force specifies that the length of the27

impounding period is to be 3 months, on the28

last day of the period of 3 months commencing29

on the day after the day on which the vehicle30 was impounded;31

32


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s. 11

page 9

(c) in paragraph (c) delete the 28th day after the day on1

which the vehicle is and insert:2

3

the last day of the period of 3 months4

commencing on the day after the day on which5

the vehicle was6

7

(3) Delete section 79(3) and insert:8

9

(3A) If, at the time of impounding the vehicle, the member10

of the Police Force reasonably believes that the driver11

of the vehicle is a previous offender, the member must12specify that the length of the impounding period is to13

be 3 months.14

(3B) An impounding period the length of which is specified15

as 28 days or 3 months under this section, or in a16

surrender notice for which subsection (1) of this17

section is the impounding provision, includes the part18

of the day on which the vehicle is impounded that is19

after the impounding occurred even though including20

that part of the day makes the period more than 28 days21

or 3 months, as the case requires.22

(3) If the driver of the vehicle is a previous offender but23

the member of the Police Force does not specify under24

subsection (3A) that the length of the impounding25

period is to be 3 months, the Commissioner must, on26

being satisfied that the driver is a previous offender,27

extend the impounding period to end on the last day of28

the period of 3 months commencing on the day after29

the day on which the vehicle was impounded.30

31


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s. 12

page 11

achieved by giving a notice under this1

section.2

(2) If this section applies the member may give to a3

responsible person for the vehicle, personally or by4

registered post, a notice in accordance with this section5

(asurrender notice).6

(3) The surrender notice cannot be given after the expiry of7

a period of 28 days from the day of the offence.8

(4) The surrender notice must contain a statement to the9

effect that, because the vehicle was used in the10

commission of the offence, the vehicle is required to be11

surrendered to the Commissioner for impounding, and12

the notice must specify 13

(a) sufficient details of the vehicle to identify it;14

and15

(b) the time and place at which the offence is16

suspected to have been committed; and17

(c) sufficient other details of the offence to identify18

the grounds for giving the notice; and19

(d) if known, the name of the person who was20

driving the vehicle when the offence is21suspected to have been committed; and22

(e) which of sections 79(1) and 79A(1) is the23

impounding provision; and24

(f) if the impounding provision is section 79(1)25

and the notice is given on the basis that the26

driver is a previous offender as defined in27

section 79(1A), sufficient details to explain28

why the driver is regarded as a previous29

offender; and30


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s. 12

page 12

(g) the length of the impounding period, which is1

to be 2

(i) if section 79(1) is the impounding3

provision, either 28 days or 3 months4

according to which of those periods is5

the impounding period for which6

section 79(1) requires the vehicle to be7

impounded or would require the vehicle8

to be impounded if it applied; and9

(ii) if section 79A(1) is the impounding10

provision, 28 days;11

and12

(h) the place at which, and the time of day during13

which, the vehicle and its keys are required to14

be surrendered under this Division; and15

(i) the last day on or before which the vehicle and16

its keys are required to be surrendered, being17

the 7th day after the day on which the notice is18

given.19

(5) The surrender notice must also include 20

(a) a statement to the effect that this Division21

contains law about the notice and the22

impounding of the vehicle; and23

(b) a statement as to the effect of section 79BB(5);24

and25

(c) a statement to the effect that failure to comply26

with the notice will result in the vehicle being27

impounded by operation of section 79BB(2).28

79BB. Consequences of surrender notice29

(1) If a responsible person for a vehicle who is given a30

surrender notice surrenders the vehicle according to the31

notice, the vehicle is impounded by operation of this32


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s. 12

page 13

subsection for a period that commences at the time1

when the vehicle is surrendered.2


surrender notice fails to surrender the vehicle according4

to the notice, the vehicle is impounded by operation of5

this subsection for a period that commences at the time6

when a member of the Police Force takes possession of7

the vehicle for the purpose of impounding it.8

(3) The time when the period for which a vehicle is9

impounded by operation of subsection (1) or (2)10

commences is not required to be within a period of11

28 days after the day of the offence.12

(4) The period for which a vehicle is impounded by13

operation of subsection (1) or (2) ends when the14

impounding period has passed since the end of the day15

on which the vehicle was impounded.16

(5) A responsible person for a vehicle who has been given17

a surrender notice relating to the vehicle commits an18

offence and is liable to a fine of 50 PU if, when the19

vehicle has not been impounded by operation of20

subsection (1) or (2) as a consequence of the notice, the21

person disposes of an interest that the person has in the22

vehicle.23

79BC. Effect of resolving pending charge in favour of24

driver25

(1) This section applies if 26

(a) because of a pending charge of an impounding27

offence (driving) against a person (the driver),28

the person has been regarded under this29

Subdivision as a previous offender as defined in30

section 79(1A) (aprevious offender); and31

(b) the driver is acquitted of or discharged from the32

charge; and33


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s. 12

page 14

(c) the driver would not otherwise have been a1

previous offender.2

(2) If the acquittal or discharge occurs when a vehicle has3

been impounded on the basis that the person is a4

previous offender but the impounding period that5

would have applied if the person had not been a6

previous offender (theshorter impounding period) has7

not yet elapsed, the impounding period is reduced by8

this section to the shorter impounding period.9

(3) If the acquittal or discharge occurs when a vehicle has10

been impounded on the basis that the person is a11

previous offender and the impounding period that12

would have applied if the person had not been a13

previous offender (theshorter impounding period) has14

already elapsed but the vehicle is still impounded, the15

impounding period is reduced by this section to end on16

the day on which the acquittal or discharge occurs.17

(4) The Commissioner is to ensure that each person, other18

than the Director General, to whom a notice of the19

impounding of the vehicle has been given under20

section 79B is given a notice of a reduction of the21

impounding period by this section.22

(5) Whether the acquittal or discharge occurs while the23

vehicle is still impounded or not, for calculating a24

liability under this Division to pay an amount by25

reference to the expenses incurred by the26

Commissioner in impounding the vehicle those27

expenses are limited to expenses that would have been28

incurred in impounding the vehicle for the shorter29

impounding period.30

(6) A person who has already paid under this Division an31

amount that exceeds the amount calculated according32

to subsection (5) is entitled to a refund from the33

Commissioner of the amount of the excess.34


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s. 12

page 15

79BD. Suspension of vehicle licence at request of1

Commissioner2


surrender notice fails to surrender the vehicle according4

to the notice, the Commissioner may request the5

Director General to suspend the licence in respect of6

the vehicle until the vehicle is impounded under this7

Division or the Commissioner requests the Director8

General to revoke the suspension.9

(2) The Commissioner is required, on being satisfied that a10

circumstance described in section 79D(2)(a), (b) or (c)11

exists, to request the Director General to revoke the12suspension and may, if for any other reason the13

Commissioner considers it appropriate to do so, request14

the Director General to revoke the suspension.15

(3) While the licence in respect of a vehicle is suspended16

according to a request under this section 17

(a) the licence is of no effect; and18

(b) an application to renew the licence cannot be19

granted, even if the application was made20

before the licence was suspended.21

(4) The suspension does not extend the period for which22

the licence may be valid or effective beyond the23

expiration of the period for which the licence was24

expressed to be granted or renewed.25

26


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s. 13

page 16

13. Section 79B amended1

(1) Delete section 79B(1) and insert:23

(1) The Commissioner is to ensure that, as soon as4

practicable after a vehicle is impounded under5

section 79(1), 79A(1) or 79BB, notice of the6

impounding is given to 7

(a) each responsible person; and8

(b) if the driver is not a responsible person, the9

driver; and10

(c) if the licence in respect of the vehicle is for the11 time being suspended under section 79BD, the12

Director General.13

14

(2) In section 79B(2):15

(a) delete paragraph (ca) and and after it and insert:16

17

(ca) if under section 79(3A) the length of the18

impounding period is specified to be 3 months,19

the charge or previous conviction because of20

which the driver was a previous offender as21defined in section 79(1A); and22

(cb) the vehicle sufficient to identify it; and23

(cc) the time and place at which the offence, in the24

commission of which the vehicle was used, is25

suspected to have been committed; and26

(cd) the offence sufficient to identify the grounds on27

which the vehicle was impounded; and28

(ce) if known, the person who was driving the29

vehicle when the offence is suspected to have30

been committed; and31


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s. 14

page 17

(cf) the length of the impounding period, which is1

to be 2

(i) if section 79(1) is the impounding3

provision, either 28 days or 3 months4

according to which of those periods is5

the impounding period for which6

section 79(1) requires the vehicle to be7

impounded or would require the vehicle8

to be impounded if it applied; and9

(ii) if section 79A(1) is the impounding10

provision, 28 days;11

and12

(cg) the grounds on which the vehicle may be13

released under section 79D; and14

15

(b) in paragraph (d) delete 80,.16

(3) In section 79B(4):17

(a) in paragraph (c) before previous conviction insert:18

19

charge or20

21

(b) in paragraph (d) delete 80,.22

23

14. Section 79C amended24


(a) delete 79A is to and insert:26

27

79A(1) or gives a surrender notice under section 79BA28

is to29

30


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s. 14

page 18

(b) delete impounded, of and insert:1

2

impounded or the notice is given, as the case requires,3

of 4

5

(c) in paragraph (a) delete section 79(1)(a) and (b)6

or 79A(a) and (b), and insert:7

8

section 79(1) or 79A(1),9

10

(d) delete paragraph (b) and insert:11

12

(b) if the member specified that the length of the13

impounding period was to be 3 months, the14

charge or previous conviction because of which15

the driver of the vehicle was a previous16

offender as defined in section 79(1A).17

18


(a) delete informed by a member of the Police Force of a20

vehicle impoundment pursuant to subsection (1) and21

insert:2223

informed under subsection (1) by a member of the24

Police Force of a vehicle impoundment or the giving of25

a surrender notice26

27

(b) in paragraph (a) delete section 79(1)(a) and (b) or28

79A(a) and (b), and insert:29

30

section 79(1) or 79A(1),31

32


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s. 14

page 19

(c) delete paragraph (b) and insert:1

2

(b) if the member specified that the length of the3

impounding period was to be 3 months, that4

there are reasonable grounds for believing that5

the driver of the vehicle is a previous offender6

as defined in section 79(1A).7

8

(3) Delete section 79C(3) and insert:9

10

(3) If a senior police officer is not satisfied as required by11

subsection (2)(a) 12

(a) if the vehicle has been impounded, the senior13

police officer and the member of the Police14

Force are to take measures to ensure that the15

vehicle is released from impoundment and16

returned to a responsible person, or if no17

responsible person is available, to the driver of18

the vehicle;19

(b) if a surrender notice has been given but the20

vehicle has not yet been surrendered, the senior21

police officer is to cancel the notice and22immediately notify the person to whom the23

notice was given that the notice has been24

cancelled.25

26


(a) delete the 7th day and insert:28

29

the 28th day30

31


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s. 15

page 20

(b) delete the impounding. and insert:1

2

the impounding and, if the vehicle has not yet been3

impounded, to the person who was given the surrender4

notice.5

6

15. Section 79D amended7

In section 79D(1) in the definition ofimpounded vehicle delete8

section 79(1) or 79A. and insert:9

10

section 79(1), 79A(1) or 79BB.11

12

16. Section 79E replaced13

Delete section 79E and insert:14

15

79E. Liability for expenses of police impounding16

If a vehicle is impounded under this Subdivision and a17

person is convicted of the offence for which the vehicle18

was impounded, that person is liable to pay to the19

Commissioner an amount specified by the20

Commissioner as being equivalent to all expenses21

reasonably incurred by the Commissioner in22

impounding the vehicle less 23

(a) any amount received by the Commissioner24

under section 80IB(1); and25

(b) any amount received by the Commissioner26

under section 80JA(8)(b),27

in relation to impounding the vehicle.28

29


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s. 17

page 21

17. Section 80 deleted1

Delete section 80.2

18. Section 80E amended3

In section 80E(1) delete 80(1) or.4

Note: The heading to amended section 80E is to read:5

Court not to confiscate vehicle that was stolen, hired or lent6

19. Section 80FA amended7

In section 80FA(1) delete 80A(1),.8

Note: The heading to amended section 80FA is to read:9

Cases when court may order impounding instead of confiscation10

20. Section 80G amended11

(1) In section 80G(1) insert in alphabetical order:12

13

Commissionerincludes a person for the time being14

authorised by the Commissioner in writing to perform15

functions of the Commissioner under this section;16

17

(2) In section 80G(1) in the definition oforderdelete 80(1),.18

(3) In section 80G(2)(b)(ii) delete brought and insert:19

20

commenced21

22

(4) In section 80G(4) delete A court is not to make an order unless23

it has given and insert:24

25

Before a court makes an order it has to give26

27


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s. 20

page 22

(5) In section 80G(5) after for an order insert:1

2

other than an order under section 80A(1)3

4

(6) After section 80G(5) insert:5

6

(6A) The court is required to grant an application for an7

order that it may make under section 80A(1) unless it is8

satisfied that the order would cause severe financial or9

physical hardship to a person, other than the driver of10

the vehicle, who has an interest in the vehicle or is the11

usual driver of the vehicle.12

13

(7) In section 80G(6) delete dispose of any interest that the person14

has in the vehicle unless a court has made an order approving of15

the proposed disposal. and insert:16

17

do a restricted act in respect of the vehicle unless a18

court has made an order approving of the proposed act.19

20

(8) After section 80G(6) insert:21

22

(7A) A person does a restricted act in respect of the vehicle23

if the person 24

(a) disposes of any interest that the person has in25

the vehicle; or26

(b) does anything, or causes or permits another27

person to do anything, that results or will result28

in a reduction in the value of the vehicle.29

30


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s. 21

page 23

21. Section 80IA amended1

In section 80IA(1) delete section 79(1) or 79A and insert:23

Subdivision 24

5

22. Section 80IB amended6

In section 80IB(1) and (5) delete section 79(1) or 79A and7

insert:8

9

Subdivision 21011

23. Section 80I amended12

In section 80I(1) delete section 79(1) or 79A and insert:13

14

Subdivision 215

16

24A. Section 80JA inserted17

After section 80I insert:18

80JA. Commissioner may sell vehicle impounded under s.19

79A at any time with consent of owner etc.20

(1) In this section 21

impounded vehicle means a vehicle that is impounded22

under section 79A;23

interest, in relation to a vehicle, means a legal or24

equitable interest, right or title in or to the ownership or25

possession of the vehicle.26


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s. 24A

page 24

(2) If the Commissioner is satisfied that each person who1

has an interest in an impounded vehicle has, in2

accordance with subsection (4), consented to the3

Commissioner doing so, the Commissioner, on behalf4

of those persons, may sell or otherwise dispose of the5

vehicle.6

(3) The Commissioner may sell or otherwise dispose of a7

vehicle under subsection (2) 8

(a) even if the impounding period has not elapsed;9

and10

(b) even if the Commissioner may sell the vehicle11

under section 80J; and12(c) whether or not a charge of an offence for which13

the vehicle was impounded has been heard or14

determined by a court; and15

(d) whether or not any appeal against the16

conviction for an offence for which the vehicle17

was impounded or confiscated has been18

concluded.19

(4) The consent of a person who has an interest in an20

impounded vehicle to the Commissioner selling or21

otherwise disposing of the vehicle has no effect22

unless 23

(a) the person has been informed in accordance24

with subsection (5); and25

(b) the consent is in writing and signed by the26

person; and27

(c) the consent is given at least 48 hours after the28

vehicle is impounded.29

(5) The Commissioner must ensure a person who has an30

interest in an impounded vehicle is informed 31

(a) of the effect of this Division in relation to32

impounding and selling vehicles; and33


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s. 24A

page 25

(b) of the liabilities that this Division imposes on1

persons for the costs and expenses incurred by2

the Commissioner.3

(6) The Commissioner may require a person who has an4

interest in an impounded vehicle to provide5

information to the Commissioner for the purposes of6

this section in a statutory declaration.7

(7) If the Commissioner sells or otherwise disposes of an8

impounded vehicle under subsection (2) 9

(a) the Commissioner must release the vehicle to10

the buyer; and11

(b) the buyer obtains a good title to the vehicle if12

the person acquires it in good faith and without13

notice of any failure to comply with this section14

in relation to the sale or disposal; and15

(c) the proceeds of the sale are to be paid in the16

order of priority provided by subsection (8).17

(8) The proceeds of the sale or disposal of a vehicle under18

subsection (2) are to be paid in the following order of19

priority 20

(a) for expenses incurred in selling the vehicle;21(b) for the expenses specified by the Commissioner22

as being equivalent to all expenses reasonably23

incurred by the Commissioner in impounding24

the vehicle;25

(c) if the sale or disposal occurs after the26

impounding period ends, for expenses (if any)27

incurred in storing the vehicle after that period28

ends;29

(d) the balance 30

(i) if only one person has an interest in the31

vehicle, to that person;32


28/31



s. 24

page 26

(ii) if there are 2 or more persons who each1

have an interest in the vehicle, to each2

such person according to the proportion3

that the value of the persons interest4

bears to the value of the vehicle.5

(9) If an impounded vehicle is sold or otherwise disposed6

of under subsection (2) and 7

(a) no charge is laid for the offence for which the8

vehicle was impounded within 3 months after9

the date of the offence; or10

(b) the charge for that offence is withdrawn or11

dismissed for want of prosecution; or12(c) the person charged with that offence is13

acquitted,14

the Commissioner must pay to the person or persons15

referred to in subsection (8)(d) in accordance with that16

paragraph an amount equal to the amounts paid under17

subsection (8)(a), (b) and (c).18

24. Section 80J amended19

(1) In section 80J(1) in the definition ofitem in paragraph (a) delete20

section 79(1) or 79A; and insert:21

22

Subdivision 2; or23

24

(2) In section 80J(1) in the definition ofuncollected vehicle delete25

section 79(1) or 79A and insert:26

27

Subdivision 228

29


29/31



s.

page 27

(3) After each of section 80J(4)(a) and (b) insert:1

2

and3

4

(4) In section 80J(7)(j)(i) delete the Treasurer of the State for the5

public uses of the State; and insert:6

7

the credit of the Road Trauma Trust8

Account established in accordance with9

theRoad Safety Council Act 200210

section 12;11

12

25A Section 80K amended13

(1) At the beginning of section 80K insert:14

15

(1) If a vehicle is sold under section 80JA(2) but the16

proceeds of the sale are insufficient to pay the expenses17

incurred in selling it, the person because of whose18

conviction the vehicle was impounded is liable to pay19

to the Commissioner the difference between the20

amount of those expenses and the proceeds of the sale.21

22

(2) In section 80K delete If and insert:23

24

(2) If25

26


30/31



s. 25

page 28

25. Section 80LA inserted1

After section 80K insert:23

80LA. Liability for unrecovered expenses of selling4

uncollected vehicle5

(1) This section applies if a vehicle is sold under6

section 80J(2) as an uncollected vehicle and a person7

(the offender) has been convicted of the offence for8

which the vehicle was impounded.9

(2) If the proceeds of the sale are insufficient to pay the10

expenses reasonably incurred to sell the vehicle (the11

selling expenses), the offender is liable to pay to the12

Commissioner an amount specified by the13

Commissioner as being equivalent to the selling14

expenses that remain to be recovered.15

16


31/31


Road Safety Council Act 2002 amended Part 3

s. 26

page 29

Part 3 Road Safety Council Act 2002 amended1

26. Act amended2

This Part amends theRoad Safety Council Act 2002.3


(1) After section 12(2)(c) insert:5

6

(da) money that theRoad Traffic Act 19747section 80J(7)(j)(i) requires to be paid to the8

credit of the account; and9

10

(2) After each of section 12(2)(a) and (b) insert:11

12

and13

14

15

Documents

Western Australia Road Traffic Amendment (Hoons) Bill 2009