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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004 CONTENTS 1. Short title 1 2. Commencement 2 3. The Act amended 2 4. Section 5 amended 2 5. Section 48 amended 2 6. Division 1 heading inserted in Part V 3 7. Section 51 amended 3 8. Section 60 amended 3 9. Section 62A and Division 2 heading inserted in Part V 4 10. Division 3 heading inserted in Part V 5 11. Section 74 inserted 5 12. Sections 78A and 78B replaced with Division 4 in Part V 6 13. Section 101 amended 22 14. Unclaimed Money Act 1990 amended 23 15. Road Traffic (Drivers' Licences) Regulations 1975 amended 23 273--2 page i Western Australia LEGISLATIVE ASSEMBLY (As amended during consideration in detail) Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004 A Bill for An Act to amend the Road Traffic Act 1974 to enable the impounding and confiscation of vehicles in certain circumstances, and to make related amendments to the -- • Unclaimed Money Act 1990; and • Road Traffic (Drivers' Licences) Regulations 1975. The Parliament of Western Australia enacts as follows: 1. Short title This Act may be cited as the Road Traffic Amendment (Impounding and Confiscation of Vehicles) Act 2004. page 1 Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004 s. 2 2. Commencement This Act comes into operation on a day fixed by proclamation. 3. The Act amended The amendments in this Act, except in sections 14 and 15, are to 5 the Road Traffic Act 1974*. [* Reprinted as at 19 October 2001. For subsequent amendments see Western Australian Legislation Information Tables for 2003, Table 1, p. 338.] 4. Section 5 amended 10 After section 5(5) the following subsection is inserted -- " (6) For the purposes of this Act, a person reasonably suspects that something is the case at a relevant time if -- 15 (a) the person, acting in good faith, personally has grounds at the time for holding the suspicion; and (b) it is reasonable, when judged objectively, for the person to hold the suspicion on those 20 grounds at the time, even if the grounds are subsequently found to be false or non-existent at the time. ". 5. Section 48 amended 25 After section 48(10) the following subsection is inserted -- " (11) Both the Commissioner of Police and the Director General have a right to be heard in proceedings in relation to an application under this section. 30 ". page 2 Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004 s. 6 6. Division 1 heading inserted in Part V Before section 49 the following heading is inserted in Part V -- " Division 1 -- Driving of vehicles: general offences 5 ". 7. Section 51 amended Section 51(1)(a)(iii) is amended by inserting after "62," -- " 62A, ". 8. Section 60 amended 10 After section 60(1) the following subsections are inserted -- " (1a) A person who drives a motor vehicle at a speed of 155 km/h or more commits an offence. (1b) A person who drives a motor vehicle at a speed 15 exceeding the speed limit set under this Act for that vehicle or the place where the driving occurs by 45 km/h or more commits an offence. (1c) Despite subsections (1a) and (1b), the driver of a motor vehicle is not guilty of an offence under those 20 subsections if -- (a) either -- (i) the motor vehicle is being used to convey a member of the Police Force on official duty; 25 (ii) the driver is on official duty responding to a fire or fire alarm; (iii) the driver is on official duty responding to an emergency or rescue operation where it is reasonable to assume that 30 human life is likely to be in danger; or page 3 Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004 s. 9 (iv) the motor vehicle is an ambulance and is being used to answer an urgent call or to convey a person to a place for the provision of urgent medical treatment; 5 (b) the driver is taking reasonable care; and (c) the vehicle is displaying a blue or red flashing light or sounding an alarm unless, in the circumstances, it is reasonable for a light not to be displayed or an alarm not to be sounded. 10 ". 9. Section 62A and Division 2 heading inserted in Part V After section 62 the following section and Division heading are inserted -- " 15 62A. Causing excessive noise, smoke A person who wilfully drives a motor vehicle in a manner that causes -- (a) excessive noise to be made with one or more of the vehicle's tyres; or 20 (b) smoke to come from one or more of the vehicle's tyres or a substance on the driving surface, commits an offence. Penalty: 12PU. 25 Division 2 -- Driving of vehicles: alcohol and drug related offences ". page 4 Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004 s. 10 10. Division 3 heading inserted in Part V After section 72 the following heading is inserted in Part V -- " Division 3 -- General matters as to driving offences 5 ". 11. Section 74 inserted After section 73 the following section is inserted -- " 74. Representation in proceedings under Part V 10 (1) Both the Commissioner of Police and the Director General have a right to be heard in proceedings under section 76. (2) The Director General has a right to be heard in proceedings under section 78. 15 (3) The Commissioner of Police has a right to be heard in proceedings under Division 4. (4) A person who, under this section, has a right to be heard in proceedings may be represented by any person he or she authorises for that purpose. 20 ". page 5 Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004 s. 12 12. Sections 78A and 78B replaced with Division 4 in Part V Sections 78A and 78B are repealed and the following Division is inserted instead in Part V -- " 5 Division 4 -- Impounding and confiscation of vehicles for driving offences Subdivision 1 -- Preliminary 78A. Interpretation of Division 4 In this Division -- 10 "approved" means approved by the Commissioner; "circumstances of aggravation" means circumstances in which -- (a) the vehicle is being used to race another vehicle; 15 (b) the vehicle is being used in an attempt to establish or break a speed record; (c) the speed, or the acceleration, braking or steering capability, of the vehicle is being tested or contested in any way; 20 (d) the skill of the vehicle's driver is being tested or contested in any way; (e) the vehicle is driven in a manner that causes smoke to come from one or more of the vehicle's tyres or a substance on the driving 25 surface; or (f) the vehicle is driven in a manner that causes one or more of the vehicle's driving wheels to lose traction with the driving surface; "Commissioner" means the Commissioner of Police; page 6 Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004 s. 12 "hired", in relation to a vehicle, means a vehicle that -- (a) is owned by a person whose business is the short term hire of vehicles; 5 (b) is part of the business's fleet; and (c) under a written agreement, is hired for the hirer's short term use; "impounding offence (driver's licence)" means an offence against section 49(1)(a) that is committed 10 in circumstances in which -- (a) the driver had applied for a driver's licence and was refused the issue of the licence on a ground mentioned in section 48(1)(b), (c) or (f); 15 (b) the driver had held a driver's licence that is cancelled on a ground mentioned in section 48(1)(b), (c) or (f); or (c) the driver had held a driver's licence the operation of which is suspended on a ground 20 mentioned in section 48(1)(b), (c) or (f); "impounding offence (driving)" means any of the following -- (a) an offence against section 59, 59A, 60 or 61 that is committed in circumstances of 25 aggravation; (b) an offence against section 62A; "impounding period" -- (a) in relation to a vehicle impounded under section 79 or 79A, means the period of 30 48 hours starting from the time when the vehicle was impounded; (b) in relation to a vehicle impounded on an order under section 80(1) or 80B(1), means page 7 Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004 s. 12 the period of impoundment specified in the order; "licence holder", in relation to a vehicle, means the person in whose name the vehicle is licensed under 5 this Act, registered under the Control of Vehicles (Off-road Areas) Act 1978 or licensed or registered under a corresponding law of another State or Territory or the Commonwealth; "senior officer" means a member of the Police Force 10 who has attained the rank of sergeant or a rank higher than that of sergeant; "surrender period", in relation to a vehicle, means the period specified under section 80F in an order as the period in which the vehicle is to be surrendered 15 to the Commissioner. 78B. Penalties etc. not affected (1) The impounding or confiscation of a vehicle under this Division does not affect or in any way limit a provision of this Act relating to the imposition of any penalty or 20 disqualification on a person convicted of an offence in respect of which the vehicle was impounded or confiscated. (2) For the purposes of the Sentencing Act 1995 section 8 the fact that a vehicle may be, or has been, impounded 25 or confiscated under this Division is not a mitigating factor. 78C. Powers for this Division (1) A member of the Police Force and any person assisting a member of the Police Force in the exercise of a 30 power under section 79 or 79A may drive, tow or otherwise convey a vehicle impounded under that section -- (a) to the place where the vehicle is to be stored; or page 8 Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004 s. 12 (b) at the place where the vehicle is stored. (2) A member of the Police Force and any person assisting a member of the Police Force giving effect to an order under section 80(1), 80A(1), 80B(1) or 80C(1) may 5 drive, tow or otherwise convey a vehicle that is the subject of the order -- (a) to the place where the vehicle is to be stored; or (b) at the place where the vehicle is stored. (3) A member of the Police Force may seize the keys to a 10 vehicle that is -- (a) impounded under section 79 or 79A; or (b) the subject of an order under section 80(1), 80A(1), 80B(1) or 80C(1) but which is not surrendered to the Commissioner within the 15 surrender period. (4) A member of the Police Force may, without warrant, at any time, enter any premises for the purpose of -- (a) seizing the keys to a vehicle that is the subject of an order under section 80(1), 80A(1), 80B(1) 20 or 80C(1) but which is not surrendered to the Commissioner within the surrender period; or (b) driving, towing or otherwise conveying such a vehicle to a place where the vehicle is to be stored. 25 (5) A person may use reasonable force to exercise a power given by this section. (6) The powers that may be exercised under this section are -- (a) subject to the provisions of an order under 30 section 80(1), 80A(1), 80B(1) or 80C(1); and (b) in addition to the powers under section 86A. page 9 Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004 s. 12 78D. Contracts for conveying, storing impounded or confiscated vehicles The Commissioner may, on behalf of the State, enter into a written contract under which the contractor 5 provides services in respect of any of the following -- (a) the driving, towing or otherwise conveying of vehicles impounded under section 79 or 79A or that are the subject of orders under section 80(1), 80A(1), 80B(1) or 80C(1); 10 (b) the storage of such vehicles; (c) otherwise assisting the Commissioner and members of the Police Force in the performance of their respective functions under this Division. 15 78E. Recovery of impounding expenses The Commissioner may recover expenses for which a person is liable under section 79E, 80H or 80K from that person in a court of competent jurisdiction as a debt due to the Commissioner. 20 Subdivision 2 -- Impounding of vehicles by police 79. Impounding of vehicles for racing etc. A member of the Police Force may impound a vehicle for 48 hours if the member reasonably suspects that -- (a) the driver of the vehicle has committed an 25 impounding offence (driving); and (b) the vehicle was used in the commission of the offence. page 10 Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004 s. 12 79A. Impounding of vehicles for driving without driver's licence etc. A member of the Police Force may impound a vehicle for 48 hours if the member reasonably suspects that -- 5 (a) the driver of the vehicle has committed an impounding offence (driver's licence); (b) the vehicle was used in the commission of the offence; and (c) the driver of the vehicle has previously been 10 convicted of an impounding offence (driver's licence). 79B. Notice of impounding (1) The Commissioner is to ensure that, as soon as practicable after a vehicle is impounded under 15 section 79 or 79A, notice of the impounding is given to the vehicle's licence holder and, if the driver is not the vehicle's licence holder, the driver. (2) The notice is to be in an approved form and contain the following information -- 20 (a) the time when the vehicle was impounded; (b) the address of the place where the vehicle is stored; (c) how, when and to whom the vehicle can be released; 25 (d) the powers of a court under section 80, 80A, 80B and 80C in relation to the impounding and confiscation of vehicles. 79C. Senior officer to be informed if vehicle impounded A member of the Police Force, other than a senior 30 officer, who impounds a vehicle under section 79 or 79A is to inform a senior officer, as soon as practicable page 11 Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004 s. 12 after the vehicle is impounded, of the grounds on which the member suspects the matters mentioned in section 79(a) and (b) or 79A(a) to (c), as is relevant to the case. 5 79D. Release of impounded vehicles (1) In this section -- "impounded vehicle" means a vehicle impounded under section 79 or 79A. (2) The Commissioner is to ensure that an impounded 10 vehicle is not released before the impounding period ends unless -- (a) a member of the Police Force is satisfied that, at the time that the offence in respect of which the vehicle was impounded was committed, the 15 vehicle was a stolen vehicle or a hired vehicle; (b) a senior officer is not satisfied, in respect of the matters mentioned in section 79(a) and (b) or 79A(a) to (c) about which a member of the Police Force is required to have a suspicion, 20 that there are reasonable grounds for the member to have that suspicion; or (c) a senior officer is satisfied that unless the vehicle is released, exceptional hardship will be suffered in the particular case. 25 (3) When the impounding period ends, the Commissioner is to ensure that an impounded vehicle is released on the application, in an approved manner, of the vehicle's licence holder. 79E. Expenses of impounding under section 79 or 79A 30 payable by convicted driver If a vehicle is impounded under section 79 or 79A, the person who is convicted of the impounding offence page 12 Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004 s. 12 (driving) or the impounding offence (driver's licence) in respect of which the vehicle was impounded is liable to pay to the Commissioner all expenses reasonably incurred by the Commissioner in impounding the 5 vehicle. Subdivision 3 -- Impounding and confiscation of vehicles by court order 80. Impounding of vehicles for racing etc. (1) A court that convicts a person of an impounding 10 offence (driving) may, by order, impound the vehicle used in the offence for a period starting on the date on which -- (a) the vehicle is surrendered; or (b) under section 78C, the vehicle is conveyed to 15 the place where it is to be stored, and being such period, not exceeding 3 months, as is specified in the order. (2) A court is not to make an order under subsection (1) unless it is satisfied that in the 3 years before the day 20 on which the offence was committed the person was convicted of a previous impounding offence (driving). 80A. Confiscation of vehicles for racing etc. (1) A court that convicts a person of an impounding offence (driving) may, by order, confiscate the vehicle 25 used in the offence. (2) A court is not to make an order under subsection (1) unless it is satisfied that in the 5 years before the day on which the offence was committed the person was convicted of 2 previous impounding offences (driving). page 13 Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004 s. 12 80B. Impounding of vehicles for driving without driver's licence etc. (1) A court that convicts a person of an impounding offence (driver's licence) may, by order, impound the 5 vehicle used in the offence for a period starting on the date on which -- (a) the vehicle is surrendered; or (b) under section 78C, the vehicle is conveyed to the place where it is to be stored, 10 and being such period, not exceeding 3 months, as is specified in the order. (2) A court is not to make an order under subsection (1) unless it is satisfied that in the 3 years before the day on which the offence was committed the person was 15 convicted of a previous impounding offence (driver's licence). 80C. Confiscation of vehicles for driving without driver's licence etc. (1) A court that convicts a person of an impounding 20 offence (driver's licence) may, by order, confiscate the vehicle used in the offence. (2) A court is not to make an order under subsection (1) unless it is satisfied that in the 5 years before the day on which the offence was committed the person was 25 convicted of 2 previous impounding offences (driver's licence). 80D. Effect of confiscation (1) The property in a vehicle that is confiscated under section 80A(1) or 80C(1) vests absolutely in the State 30 when the order is made, free from all interests, rights, titles or claims in or to the ownership or possession of the vehicle. page 14 Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004 s. 12 (2) Subsection (1) does not operate to prevent proceeds from the sale or disposal of a confiscated vehicle from being paid in accordance with section 80J(7). 80E. Stolen or hired vehicles not to be impounded, 5 confiscated A court is not to make an order under section 80(1), 80A(1), 80B(1) or 80C(1) if it is satisfied that at the time that the offence for which the person is convicted was committed, the vehicle was a stolen vehicle or a 10 hired vehicle. 80F. Licence holder to surrender impounded, confiscated vehicle at time and place ordered by court If a court makes an order under section 80(1), 80A(1), 80B(1) or 80C(1) in respect of a vehicle, the court is to 15 specify in the order the time by which, and the place at which, the vehicle's licence holder is to surrender the vehicle and its keys to the Commissioner. 80G. Applications for orders to impound or confiscate vehicles 20 (1) In this section -- "interest", in relation to a vehicle, means a legal or equitable interest, right or title in or to the ownership or possession of the vehicle; "order" means an order under section 80(1), 80A(1), 25 80B(1) or 80C(1). (2) An application for an order -- (a) can only be made by the Commissioner; and (b) is to be heard -- (i) as part of the proceedings in which the 30 driver of the vehicle that is the subject of the application is convicted of the page 15 Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004 s. 12 impounding offence (driving) or the impounding offence (driver's licence), as is applicable to the case; or (ii) in subsequent proceedings brought no 5 later than 3 months after the proceedings in respect of the conviction. (3) The Commissioner is to give at least 14 days' written notice of the Commissioner's intention to make an application for an order to -- 10 (a) the driver of the vehicle; (b) the vehicle's licence holder; (c) the Director General; (d) any other person whom the Commissioner is aware has or may have an interest in the 15 vehicle; and (e) the public generally, in a newspaper having State-wide circulation. (4) A court is not to make an order unless it has given the following persons a reasonable opportunity to show 20 cause why the order should not be made -- (a) each person who is given notice under subsection (3)(a), (b) or (d) and who wishes to be heard on the application; (b) any other person who satisfies the court that the 25 person has an interest in the vehicle. (5) In determining an application for an order the court may have regard to -- (a) whether the impounding offence (driving) or the impounding offence (driver's licence), as is 30 applicable to the case, was committed with the knowledge and acquiescence of a person who has an interest in the vehicle; page 16 Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004 s. 12 (b) whether making the order will cause severe financial or physical hardship to a person who has an interest in the vehicle or the usual driver of the vehicle; and 5 (c) any other relevant matter. (6) A person -- (a) who is given notice under subsection (3)(a), (b) or (d); or (b) other than a person mentioned in 10 subsection (3)(a), (b), (c) or (d), who has satisfied the court that the person has an interest in the vehicle, must not, before the application is decided, dispose of any interest that the person has in the vehicle unless a 15 court has made an order approving of the proposed disposal. Penalty: 50 PU. (7) If the Director General is given notice under subsection (3), the Director General must not, before 20 the application is decided, transfer the licence of the vehicle that is the subject of the application. 80H. Expenses of court-ordered impounding payable by convicted driver (1) If a vehicle is impounded on an order under 25 section 80(1) or 80B(1), the person who is convicted of the impounding offence (driving) or the impounding offence (driver's licence) in respect of which the vehicle was impounded is liable to pay to the Commissioner all expenses reasonably incurred by the 30 Commissioner by way of giving effect to the order. page 17 Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004 s. 12 (2) When the impounding period ends, the Commissioner may refuse to release the vehicle to the person who is liable under subsection (1) to pay expenses in respect of the vehicle until those expenses are paid. 5 Subdivision 4 -- Miscellaneous provisions about impounded or confiscated vehicles 80I. Before impounded vehicles released, costs of storage for post-impounding period may be payable (1) The Commissioner may refuse to release a vehicle 10 impounded under section 79 or 79A or on an order under section 80(1) or 80B(1) until the Commissioner is paid the expenses incurred in storing the vehicle after the impounding period ends. (2) The expenses referred to in subsection (1) are not to 15 include the costs of storing the vehicle for any 24 hour period during which the place where the vehicle is stored is not open to the public. 80J. Disposing of confiscated, uncollected vehicles and items therein 20 (1) In this section -- "confiscated vehicle" means a vehicle that is confiscated under section 80A(1) or 80C(1); "item" means an item that was in or on a confiscated vehicle or an uncollected vehicle at the time 25 when -- (a) the vehicle was impounded under section 79 or 79A; (b) the vehicle was surrendered; or (c) under section 78C, the vehicle was conveyed 30 to a place for storage, as is relevant to the case; page 18 Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004 s. 12 "uncollected vehicle" means a vehicle that was impounded under section 79 or 79A or on an order under section 80(1) or 80B(1) and not collected within 2 months after the end of the impounding 5 period. (2) The Commissioner may sell or otherwise dispose of a confiscated vehicle, an uncollected vehicle or an item. (3) The Commissioner is not to sell or otherwise dispose of a confiscated vehicle, an uncollected vehicle or an item 10 unless -- (a) any appeal against the conviction for an offence in respect of which the vehicle was impounded or confiscated is determined; and (b) any appeal against an order under section 80(1), 15 80A(1), 80B(1) or 80C(1) in respect of the vehicle is determined. (4) The Commissioner is not to sell or otherwise dispose of an uncollected vehicle or an item unless -- (a) the vehicle's licence holder is given at least 20 14 days' written notice of the Commissioner's intention to sell or dispose of the vehicle or item; (b) a notice of the intention to sell or dispose of the vehicle or item is published, at least 14 days 25 before the proposed sale or disposal, in a newspaper having State-wide circulation; (c) in the case of an item, reasonable steps have been taken to return the item to its owner; and (d) any proceedings under subsection (5) or (6) in 30 relation to the vehicle or item and any appeal in respect of those proceedings are determined. (5) The owner of an uncollected vehicle may apply to the Magistrates Court for an order that the sale or disposal page 19 Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004 s. 12 of the vehicle under subsection (2) not take place until after such time as is specified in the order but no later than 3 months after the day of the order. (6) The owner of an item may apply to the Magistrates 5 Court for an order that the item be returned. (7) Proceeds of the sale or disposal under subsection (2) of a vehicle or item are to be paid in the following order of priority -- (a) for expenses incurred in selling the vehicle or 10 item; (b) in the case of a confiscated vehicle, for expenses incurred in impounding the vehicle; (c) in satisfaction of an unpaid amount for which a person is liable under section 79E but only if 15 the person who is liable to pay that amount is also the vehicle's licence holder; (d) in satisfaction of an unpaid amount of a judgment debt arising out of a liability under section 79E, but only if the person who is liable 20 to pay that amount is also the vehicle's licence holder; (e) in satisfaction of an unpaid amount for which a person is liable under section 80H but only if the person who is liable to pay that amount is 25 also the vehicle's licence holder; (f) in satisfaction of an unpaid amount of a judgment debt arising out of a liability under section 80H, but only if the person who is liable to pay that amount is also the vehicle's licence 30 holder; (g) for the expenses incurred in storing the vehicle after the impounding period ends; page 20 Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004 s. 12 (h) in the case of an uncollected vehicle, in satisfaction of any unpaid amount known to the Commissioner for which the vehicle is nominated in writing as security for the 5 payment of that amount; (i) in the case of a confiscated vehicle, in satisfaction of any unpaid amount known to the Commissioner -- (i) for which the vehicle was nominated in 10 writing as security for the payment of that amount; and (ii) that, but for the confiscation of the vehicle, would have been payable to a person other than the person convicted 15 of the offence in respect of which the vehicle was confiscated; (j) the balance, in the case of a confiscated vehicle, to the Treasurer of the State for the public uses of the State; 20 (k) the balance, in the case of an uncollected vehicle or an item, to the Treasurer of the State to be dealt with under the Unclaimed Money Act 1990 as prescribed retained money. (8) A person who acquires an uncollected vehicle or an 25 item on a sale or disposal under subsection (2) of the vehicle or item obtains a good title to the vehicle or item if the person acquires it in good faith and without notice of any failure to comply with subsection (4) in relation to the sale or disposal. 30 80K. Expenses of confiscation not obtained on sale payable by convicted driver If a confiscated vehicle is sold under section 80J(2) but the proceeds of the sale are insufficient to pay the expenses incurred in impounding and selling the page 21 Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004 s. 13 vehicle, the person who is convicted of the impounding offence (driving) or the impounding offence (driver's licence) in respect of which the vehicle was confiscated is liable to pay to the Commissioner the difference 5 between the amount of those expenses and the proceeds of the sale. 80L. Transfer of vehicle licence (1) If a vehicle is confiscated on an order under section 80A(1) or 80C(1) or is to be sold as an 10 uncollected vehicle under section 80J(2) -- (a) the Commissioner of Police is to give notice in writing to the Director General of that fact; and (b) the Director General is to transfer the vehicle's licence to the State of Western Australia. 15 (2) Section 24(1)(a), (2), (2a), (2b) and (2c) do not apply if the Director General is given notice under subsection (1). ". 13. Section 101 amended 20 Section 101 is amended as follows: (a) by inserting before "No matter" the subsection designation "(1)"; (b) by inserting at the end of the section the following subsections -- 25 " (2) Subsection (1) does not relieve a contractor of any liability that the contractor might otherwise have for anything done or omitted to be done, as described in that subsection, by the contractor or another person. page 22 Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004 s. 14 (3) In subsection (2) -- "contractor" means a person who has entered into a contract with the Commissioner of Police under section 78D. 5 ". 14. Unclaimed Money Act 1990 amended (1) The amendment in this section is to the Unclaimed Money Act 1990*. [* Reprinted as at 5 November 1999. 10 For subsequent amendments see Western Australian Legislation Information Tables for 2003, Table 1, p. 405.] (2) After section 9(1)(h) the following paragraph is inserted -- " (j) is the proceeds of a sale or disposal, under the 15 Road Traffic Act 1974 section 80J(2), of an uncollected vehicle or an item, as defined in section 80J(1) of that Act, which under section 80J(7)(k) of that Act is, or is liable to be, paid to the Treasurer; 20 ". 15. Road Traffic (Drivers' Licences) Regulations 1975 amended (1) The amendment in this section is to the Road Traffic (Drivers' Licences) Regulations 1975*. [* Reprinted as at 5 April 2002. 25 For amendments to 5 February 2004 see Western Australian Legislation Information Tables for 2003, Table 4, p. 333.] page 23 Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill 2004 s. 15 (2) Schedule 9 is amended by inserting after item 2 the following item -- " 2A. 62A Causing excessive noise, smoke 3 ". 5 (3) Nothing in this Act prevents any of the Road Traffic (Drivers' Licences) Regulations 1975 from being amended in accordance with the Road Traffic Act 1974.
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