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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 2016
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Road Traffic Act 1974
amended
3. Act amended 3
4. Section 49AAA amended 3
5. Section 49AA amended 4
6. Section 49AB amended 5
7. Section 60 amended 5
8. Sections 60A, 60B and 60C inserted 6
60A. Driving at reckless speed 6
60B. Penalties for offences against sections 60
and 60A 6
60C. Arrest without warrant for driving in
reckless manner or at reckless speed 8
9. Section 61 amended 8
10. Section 61A amended 8
11. Section 61B inserted 9
61B. Defence for certain officers driving at
reckless speed 9
12. Section 62A replaced 10
62A. Causing excessive noise or smoke from
vehicle's tyres 10
13. Section 74 deleted 10
14. Section 78A amended 10
15. Section 78C amended 13
16. Section 78D amended 14
17. Section 78E amended 14
197--2 page i
Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill
2016
Contents
18. Section 78F inserted 14
78F. Right of Commissioner of Police to be
heard in proceedings under this Division 14
19. Part V Division 4 Subdivision 2 heading amended 15
20. Section 79 amended 15
21. Section 79A amended 15
22. Section 79BA amended 15
23. Section 79BB amended 16
24. Section 79BCA amended 17
25. Section 79BCB amended 17
26. Section 79BCC amended 18
27. Section 79BCD amended 18
28. Section 79BCE amended 19
29. Section 79C amended 20
30. Section 79E amended 20
31. Section 80A replaced 21
80A. Confiscation of vehicles used in certain
impounding offences (driving) 21
32. Section 80D amended 22
33. Section 80E amended 22
34. Section 80FA amended 22
35. Section 80G amended 22
36. Section 80H amended 24
37. Part V Division 4 Subdivision 4 heading replaced 24
Subdivision 4 -- Vehicles impounded or confiscated
under Subdivision 2 or 3
38. Section 80IB amended 25
39. Section 80I amended 25
40. Section 80JA amended 26
41. Section 80J amended 27
42. Section 80LA amended 28
43. Section 80L amended 28
44. Section 80M inserted 28
80M. Compensation for certain vehicles or
items disposed of under s. 80J 28
45. Part V Division 4 Subdivision 5 inserted 31
Subdivision 5 -- Impounding and confiscation of
unlicensed motor cycles used on roads
80N. Terms used 31
80O. Police power to impound unlicensed motor
cycle used on road 31
80P. Surrender notice 33
80Q. Consequences of surrender notice 34
page ii
Road Traffic Amendment (Impounding and Confiscation of Vehicles) Bill
2016
Contents
80R. Senior police officer to be informed if
vehicle impounded 35
80S. Claims of right to possession 36
80T. Confiscation 37
80U. Liability for police expenses 37
80V. Sale or other disposal of confiscated
motor cycle and items on it 38
80W. Liability for police expenses exceeding
sale proceeds 39
46. Part VIII heading amended 39
47. Section 109 inserted 40
109. Transitional and savings provisions for the
Road Traffic Amendment (Impounding
and Confiscation of Vehicles) Act 2016 40
Part 3 -- Consequential amendments
to other Acts and repeals
Division 1 -- The Criminal Code amended
48. Act amended 42
49. Section 378 amended 42
50. Section 417A amended 42
Division 2 -- Road Safety Council Act 2002
amended
51. Act amended 42
52. Section 12 amended 42
Division 3 -- Road Traffic Legislation
Amendment Act 2016 amended
53. Act amended 43
54. Section 42 amended 43
Division 4 -- Young Offenders Act 1994
amended
55. Act amended 44
56. Schedule 1 amended 44
Division 5 -- Repeals
57. Certain provisions of this Act repealed if not
commenced 44
page iii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Road Traffic Amendment (Impounding and
Confiscation of Vehicles) Bill 2016
A Bill for
An Act to amend the Road Traffic Act 1974 in relation to the
impounding and confiscation of vehicles for certain offences and to
make consequential changes to The Criminal Code, the Road Safety
Council Act 2002, the Road Traffic Legislation Amendment Act 2016
and the Young Offenders Act 1994.
The Parliament of Western Australia enacts as follows:
page 1
Road Traffic Amendment (Impounding and Confiscation of Vehicles)
Bill 2016
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Road Traffic Amendment (Impounding and
4 Confiscation of Vehicles) Act 2016.
5 2. Commencement
6 (1) This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent;
9 (b) the rest of the Act -- on a day fixed by proclamation,
10 and different days may be fixed for different provisions.
11 (2) Subsection (1)(b) is subject to section 57.
page 2
Road Traffic Amendment (Impounding and Confiscation of Vehicles)
Bill 2016
Road Traffic Act 1974 amended Part 2
s. 3
1 Part 2 -- Road Traffic Act 1974 amended
2 3. Act amended
3 This Part amends the Road Traffic Act 1974.
4 4. Section 49AAA amended
5 (1) In section 49AAA insert in alphabetical order:
6 above the speed limit, in relation to the driving of a vehicle,
7 means driving the vehicle at a speed that exceeds the speed limit
8 applicable to the driver, the vehicle or the length of road where
9 it is being driven;
10 confiscation zone means --
11 (a) in relation to a vehicle, a length of road where the speed
12 limit applicable to the vehicle, or the length of road, is
13 50 km/h or less; or
14 (b) a school zone;
15 motor cycle means a motor vehicle that has 2 wheels and
16 includes --
17 (a) a 2-wheeled motor vehicle with a sidecar attached to it
18 that is supported by a third wheel; and
19 (b) a motor vehicle with 3 wheels that is ridden in the same
20 way as a motor vehicle with 2 wheels;
21 school zone means a length of road designated as a school zone
22 under a road law;
23 speed limit means a speed limit set under a road law.
page 3
Road Traffic Amendment (Impounding and Confiscation of Vehicles)
Bill 2016
Part 2 Road Traffic Act 1974 amended
s. 5
1 (2) In section 49AAA in the definition of provide driving
2 instruction delete "vehicle." and insert:
3
4 vehicle;
5
6 Note for this section:
7 This section is an alternative to section 5 and Part 3 Division 3 and
8 applies if the Road Traffic Legislation Amendment Act 2016
9 section 42 comes into operation on or before the day on which this
10 section comes into operation. See section 57(1).
11 5. Section 49AA amended
12 (1) In section 49AA insert in alphabetical order:
13
14 above the speed limit, in relation to the driving of a
15 vehicle, means driving the vehicle at a speed that
16 exceeds the speed limit applicable to the driver, the
17 vehicle or the length of road where it is being driven;
18 confiscation zone means --
19 (a) in relation to a vehicle, a length of road where
20 the speed limit applicable to the vehicle, or the
21 length of road, is 50 km/h or less; or
22 (b) a school zone;
23 motor cycle means a motor vehicle that has 2 wheels
24 and includes --
25 (a) a 2-wheeled motor vehicle with a sidecar
26 attached to it that is supported by a third wheel;
27 and
28 (b) a motor vehicle with 3 wheels that is ridden in
29 the same way as a motor vehicle with 2 wheels;
30 school zone means a length of road designated as a
31 school zone under a road law;
32 speed limit means a speed limit set under a road law.
33
page 4
Road Traffic Amendment (Impounding and Confiscation of Vehicles)
Bill 2016
Road Traffic Act 1974 amended Part 2
s. 6
1 (2) In section 49AA in the definition of grievous bodily harm
2 delete "section 1(1)." and insert:
3
4 section 1(1);
5
6 Note: The heading to amended section 49AA is to read:
7 Terms used
8 Note for this section:
9 This section read with Part 3 Division 3 is an alternative to section 4
10 and applies if the Road Traffic Legislation Amendment Act 2016
11 section 42 has not come into operation before this section and
12 Part 3 Division 3 has come into operation. See section 57(2).
13 6. Section 49AB amended
14 Delete section 49AB(1)(b) and insert:
15
16 (b) the person was driving the vehicle concerned
17 on a road at 45 km/h or more above the speed
18 limit; or
19
20 7. Section 60 amended
21 (1) Delete section 60(1) to (1D) and insert:
22
23 (1) For the purposes of this section, a motor vehicle is
24 driven in a reckless manner if it is driven in a manner
25 (which expression includes speed) that is inherently
26 dangerous or that is, having regard to all the
27 circumstances of the case, dangerous to the public or to
28 any person.
29 (1A) A person commits an offence if the person wilfully
30 drives a motor vehicle in a reckless manner in --
31 (a) a confiscation zone; or
32 (b) any other place.
33
page 5
Road Traffic Amendment (Impounding and Confiscation of Vehicles)
Bill 2016
Part 2 Road Traffic Act 1974 amended
s. 8
1 (2) In section 60(2) delete "section 61 or 62 or, if the charge is of an
2 offence against subsection (1), an offence against section 62A."
3 and insert:
4
5 section 60A, 61, 62 or 62A.
6
7 (3) Delete section 60(3) to (7).
8 Note: The heading to section 60 is to read:
9 Driving in reckless manner
10 8. Sections 60A, 60B and 60C inserted
11 After section 60 insert:
12
13 60A. Driving at reckless speed
14 (1) A person commits an offence if the person drives a
15 motor vehicle at a speed of 155 km/h or more on any
16 other length of road.
17 (2) A person commits an offence if the person drives a
18 motor vehicle at 45 km/h or more above the speed
19 limit --
20 (a) in a confiscation zone; or
21 (b) on any other length of road.
22 (3) A person charged with an offence against this section
23 may, instead of being convicted of that offence, be
24 convicted of an offence against section 60(1A), 61
25 or 62.
26 60B. Penalties for offences against sections 60 and 60A
27 (1) In this section --
28 offence means an offence against section 60 or 60A.
page 6
Road Traffic Amendment (Impounding and Confiscation of Vehicles)
Bill 2016
Road Traffic Act 1974 amended Part 2
s. 8
1 (2) A person convicted of an offence is liable --
2 (a) for a first offence, to a fine of 120 PU or to
3 imprisonment for 9 months; and
4 (b) for a second offence, to a fine of 180 PU or to
5 imprisonment for 9 months; and
6 (c) for a third or subsequent offence, to a fine of
7 240 PU or to imprisonment for 12 months.
8 (3) In any event, a court convicting a person --
9 (a) of a first offence, must order that the person be
10 disqualified from holding or obtaining a
11 driver's licence for a period of not less than
12 6 months; and
13 (b) of a second offence, must order that the person
14 be disqualified from holding or obtaining a
15 driver's licence for a period of not less than
16 12 months; and
17 (c) of a third or subsequent offence, must order that
18 the person be permanently disqualified from
19 holding or obtaining a driver's licence.
20 (4) If an offence is committed in the circumstance of
21 aggravation referred to in section 49AB(1)(c), the
22 offence is a crime.
23 Penalty for this subsection: imprisonment for 5 years.
24 Summary conviction penalty for this subsection:
25 imprisonment for 2 years.
26 (5) A court sentencing a person for an offence committed
27 in the circumstance of aggravation referred to in
28 section 49AB(1)(c) must --
29 (a) sentence the person to a term of imprisonment
30 of at least 6 months; and
31 (b) not suspend the term of imprisonment; and
32 (c) for a first or second offence -- order that the
33 offender is disqualified from holding or
page 7
Road Traffic Amendment (Impounding and Confiscation of Vehicles)
Bill 2016
Part 2 Road Traffic Act 1974 amended
s. 9
1 obtaining a driver's licence for a period of not
2 less than 2 years; and
3 (d) for a third or subsequent offence -- order that
4 the offender is permanently disqualified from
5 holding or obtaining a driver's licence.
6 (6) Subsection (5) applies whether the person was
7 convicted on indictment or summarily and despite the
8 Sentencing Act 1995 Part 5.
9 (7) A reference in subsection (5)(c) or (d) to an offence is a
10 reference to the offence whether or not committed in
11 the circumstance of aggravation referred to in
12 section 49AB(1)(c).
13 60C. Arrest without warrant for driving in reckless
14 manner or at reckless speed
15 A police officer who reasonably suspects that a person
16 has committed an offence against section 60 or 60A
17 may, without a warrant, arrest the person.
18
19 9. Section 61 amended
20 In section 61(4) delete "or 60" and insert:
21
22 60, as in force from time to time, or 60A
23
24 10. Section 61A amended
25 In section 61A(1) delete "60(1)" and insert:
26
27 60(1A)
28
29 Note: The heading to amended section 61A is to read:
30 Defence for police officers driving in reckless manner in certain
31 circumstances
page 8
Road Traffic Amendment (Impounding and Confiscation of Vehicles)
Bill 2016
Road Traffic Act 1974 amended Part 2
s. 11
1 11. Section 61B inserted
2 After section 61A insert:
3
4 61B. Defence for certain officers driving at reckless speed
5 The driver of a motor vehicle is not guilty of an offence
6 under section 60A if --
7 (a) either --
8 (i) the driver is on official duty as a police
9 officer and the driving is substantially in
10 accordance with the Commissioner's
11 policies and guidelines relating to
12 driving, applicable at the time of the
13 driving, and any direction given under
14 such a policy or guideline; or
15 (ii) the driver is on official duty responding
16 to a fire or fire alarm; or
17 (iii) the driver is on official duty responding
18 to an emergency or rescue operation
19 where it is reasonable to assume that
20 human life is likely to be in danger; or
21 (iv) the motor vehicle is an ambulance and
22 is being used to answer an urgent call or
23 to convey a person to a place for the
24 provision of urgent medical treatment;
25 and
26 (b) the driver is taking reasonable care; and
27 (c) the vehicle is displaying a blue or red flashing
28 light or sounding an alarm unless, in the
29 circumstances, it is reasonable for a light not to
30 be displayed or an alarm not to be sounded.
31
page 9
Road Traffic Amendment (Impounding and Confiscation of Vehicles)
Bill 2016
Part 2 Road Traffic Act 1974 amended
s. 12
1 12. Section 62A replaced
2 Delete section 62A and insert:
3
4 62A. Causing excessive noise or smoke from vehicle's
5 tyres
6 A person commits an offence if the person wilfully
7 drives a motor vehicle so as to cause one or more of its
8 tyres to create smoke or excessive noise in or on, or
9 leave a substance on the driving surface of --
10 (a) a confiscation zone; or
11 (b) any other length of road; or
12 (c) a carpark.
13 Penalty: a fine of 30 PU.
14
15 13. Section 74 deleted
16 Delete section 74.
17 14. Section 78A amended
18 (1) In section 78A delete "In" and insert:
19
20 (1) In
21
22 (2) In section 78A delete the definitions of:
23 impounding offence (driving)
24 impounding or confiscation order
25 (3) In section 78A insert in alphabetical order:
26
27 impound, in relation to a vehicle, means to store the
28 vehicle following its seizure or surrender;
page 10
Road Traffic Amendment (Impounding and Confiscation of Vehicles)
Bill 2016
Road Traffic Act 1974 amended Part 2
s. 14
1 impounding offence (driving) means --
2 (a) an offence against section 60, 60A or 62A; or
3 (b) an offence committed before the coming into
4 operation of the Road Traffic Amendment
5 (Impounding and Confiscation of Vehicles)
6 Act 2016 section 14 that was an impounding
7 offence (driving) as defined in this section as in
8 force when the offence was committed;
9 impounding or confiscation order means --
10 (a) a court order made under section 80A, 80B(1),
11 80C(1), 80CA(1), 80CB(1) or 80FA; or
12 (b) a court order made before the coming into
13 operation of the Road Traffic Amendment
14 (Impounding and Confiscation of Vehicles)
15 Act 2016 section 14 that was an impounding or
16 confiscation order as defined in this section as
17 in force when the order was made;
18 interest, in relation to a vehicle, means a legal or
19 equitable interest, right or title in or to the ownership or
20 possession of the vehicle;
21 reasonable expenses, of the Commissioner, means
22 expenses reasonably incurred by, and currently owing
23 to, the Commissioner;
24
25 (4) In section 78A in the definition of road rage offence
26 paragraph (b) delete "60" insert:
27
28 60, as in force from time to time, or 60A
29
page 11
Road Traffic Amendment (Impounding and Confiscation of Vehicles)
Bill 2016
Part 2 Road Traffic Act 1974 amended
s. 14
1 (5) At the end of section 78A insert:
2
3 (2) In this Division, section 60(1A) is the offence for
4 which a vehicle was impounded if --
5 (a) in relation to the driving of the vehicle, a
6 person is charged with an offence
7 against section 60A(1) or (2); and
8 (b) under section 60A(3), the person is instead
9 convicted of an offence against section 60(1A).
10 (3) In this Division, section 60A(1) is the offence for
11 which a vehicle was impounded if --
12 (a) in relation to the driving of the vehicle, a
13 person is charged with an offence against
14 section 60(1A); and
15 (b) under section 60(2), the person is instead
16 convicted of an offence against section 60A(1).
17 (4) In this Division, section 60A(2) is the offence for
18 which a vehicle was impounded if --
19 (a) in relation to the driving of the vehicle, a
20 person is charged with an offence against
21 section 60(1A); and
22 (b) under section 60(2), the person is instead
23 convicted of an offence against section 60A(2).
24 (5) In this Division, section 62A, as in force from time to
25 time, is the offence for which a vehicle was impounded
26 if --
27 (a) in relation to the driving of the vehicle, a
28 person is charged with an offence against --
29 (i) section 60(1A); or
page 12
Road Traffic Amendment (Impounding and Confiscation of Vehicles)
Bill 2016
Road Traffic Act 1974 amended Part 2
s. 15
1 (ii) section 60(1) as in force before the
2 coming into operation of the Road
3 Traffic Amendment (Impounding and
4 Confiscation of Vehicles) Act 2016
5 section 14;
6 and
7 (b) under section 60(2), the person is instead
8 convicted of an offence against section 62A.
9
10 15. Section 78C amended
11 (1) In section 78C(1) delete "section 79(1) or 79A(1)" and insert:
12
13 section 79(1), 79A(1) or 80O(2)
14
15 (2) In section 78C(2A) delete "by operation of section 79BB(2),
16 79BCB(2) or 79BCE(2)." and insert:
17
18 under section 79BB(2), 79BCB(2), 79BCE(2) or 80Q(2).
19
20 (3) In section 78C(2) delete "by operation of section 79BB(2),
21 79BCB(2) or 79BCE(2)" and insert:
22
23 under section 79BB(2), 79BCB(2), 79BCE(2) or 80Q(2)
24
25 (4) Delete section 78C(3)(a) and (ba) and insert:
26
27 (a) impounded under section 79(1), 79A(1)
28 or 80O(2); or
29 (aa) impounded, or to be impounded, under
30 section 79BB(1) or (2), 79BCB(1) or (2),
31 79BCE(1) or (2) or 80Q(2); or
32
page 13
Road Traffic Amendment (Impounding and Confiscation of Vehicles)
Bill 2016
Part 2 Road Traffic Act 1974 amended
s. 16
1 (5) In section 78C(4) delete "subsection (3)(ba)" and insert:
2
3 subsection (3)(aa)
4
5 16. Section 78D amended
6 (1) In section 78D(a) delete "79BCB or 79BCE" and insert:
7
8 79BCB, 79BCE, 80O(2) or 80Q(1) or (2)
9
10 (2) In section 78D(ca) delete "section 80J;" and insert:
11
12 section 80JA, 80J or 80V;
13
14 17. Section 78E amended
15 In section 78E delete "80K or 80LA" and insert:
16
17 80I, 80K, 80LA or 80W
18
19 18. Section 78F inserted
20 At the end of Part V Division 4 Subdivision 1 insert:
21
22 78F. Right of Commissioner of Police to be heard in
23 proceedings under this Division
24 (1) The Commissioner of Police has a right to be heard in
25 proceedings under this Division.
26 (2) The Commissioner of Police may be represented in
27 those proceedings by any person the Commissioner
28 authorises for that purpose.
29
page 14
Road Traffic Amendment (Impounding and Confiscation of Vehicles)
Bill 2016
Road Traffic Act 1974 amended Part 2
s. 19
1 19. Part V Division 4 Subdivision 2 heading amended
2 In the heading to Part V Division 4 Subdivision 2 after "police"
3 insert:
4
5 for certain offences
6
7 20. Section 79 amended
8 In section 79(1) before "impound" insert:
9
10 seize and
11
12 21. Section 79A amended
13 In section 79A(1) before "impound" insert:
14
15 seize and
16
17 22. Section 79BA amended
18 In section 79BA(5):
19 (a) in paragraph (b) delete "section 79BB(5); and" and
20 insert:
21
22 section 79BB(5) and (6); and
23
24 (b) in paragraph (c) delete "by operation of " and insert:
25
26 under
27
page 15
Road Traffic Amendment (Impounding and Confiscation of Vehicles)
Bill 2016
Part 2 Road Traffic Act 1974 amended
s. 23
1 23. Section 79BB amended
2 (1) In section 79BB(1) and (2) delete "is impounded by operation
3 of this subsection" and insert:
4
5 must be impounded
6
7 (2) In section 79BB(3) and (4) delete "by operation of " and insert:
8
9 under
10
11 (3) Delete section 79BB(5) and insert:
12
13 (5) A person who is given a surrender notice in relation to
14 a vehicle commits an offence if the person fails to
15 comply with the notice.
16 Penalty for this subsection: a fine of 50 PU.
17 (6) A person who is given a surrender notice in relation to
18 a vehicle commits an offence if, without the authority
19 of a court order, the person --
20 (a) disposes of an interest that the person has in the
21 vehicle; or
22 (b) does anything, or causes or permits another
23 person to do anything, that results or will result
24 in a reduction in the value of the vehicle.
25 Penalty for this subsection: a fine of 50 PU.
26
27 Note: The heading to amended section 79BB is to read:
28 Consequences of surrender notice
page 16
Road Traffic Amendment (Impounding and Confiscation of Vehicles)
Bill 2016
Road Traffic Act 1974 amended Part 2
s. 24
1 24. Section 79BCA amended
2 In section 79BCA(6):
3 (a) in paragraph (b) delete "section 79BCB(5); and" and
4 insert:
5
6 section 79BCB(5) and (6); and
7
8 (b) in paragraph (c) delete "by operation of " and insert:
9
10 under
11
12 Note: The heading to amended section 79BCA is to read:
13 Surrender substitute vehicle notice
14 25. Section 79BCB amended
15 (1) In section 79BCB(1) and (2) delete "is impounded by operation
16 of this subsection" and insert:
17
18 must be impounded
19
20 (2) In section 79BCB(4) delete "by operation of " and insert:
21
22 under
23
24 (3) Delete section 79BCB(5) and insert:
25
26 (5) A person who is given a surrender substitute vehicle
27 notice under section 79BCA in relation to a vehicle
28 commits an offence if the person fails to comply with
29 the notice.
30 Penalty for this subsection: a fine of 50 PU.
page 17
Road Traffic Amendment (Impounding and Confiscation of Vehicles)
Bill 2016
Part 2 Road Traffic Act 1974 amended
s. 26
1 (6) A person who is given a surrender substitute vehicle
2 notice under section 79BCA in relation to a vehicle
3 commits an offence if, without the authority of a court
4 order, the person --
5 (a) disposes of an interest that the person has in the
6 vehicle; or
7 (b) does anything, or causes or permits another
8 person to do anything, that results or will result
9 in a reduction in the value of the vehicle.
10 Penalty for this subsection: a fine of 50 PU.
11
12 Note: The heading to amended section 79BCB is to read:
13 Consequences of surrender substitute vehicle notice
14 26. Section 79BCC amended
15 In section 79BCC(2)(c)(ii) delete "issued for it under Part III,"
16 and insert:
17
18 granted for it under the Road Traffic (Vehicles) Act 2012 Part 2,
19
20 Note: The heading to amended section 79BCC is to read:
21 Cancelling notice under s. 79BA, 79BCA or 79BCD
22 27. Section 79BCD amended
23 In section 79BCD(6):
24 (a) in paragraph (b) delete "section 79BCE(5); and" and
25 insert:
26
27 section 79BCE(5) and (6); and
28
page 18
Road Traffic Amendment (Impounding and Confiscation of Vehicles)
Bill 2016
Road Traffic Act 1974 amended Part 2
s. 28
1 (b) in paragraph (c) delete "by operation of " and insert:
2
3 under
4
5 Note: The heading to amended section 79BCD is to read:
6 Surrender alternative vehicle notice
7 28. Section 79BCE amended
8 (1) In section 79BCE(1) and (2) delete "is impounded by operation
9 of this subsection" and insert:
10
11 must be impounded
12
13 (2) In section 79BCE(4) delete "by operation of " and insert:
14
15 under
16
17 (3) Delete section 79BCE(5) and insert:
18
19 (5) A person who is given a surrender alternative vehicle
20 notice under section 79BCD in relation to a vehicle
21 commits an offence if the person fails to comply with
22 the notice.
23 Penalty for this subsection: a fine of 50 PU.
24 (6) A person who is given a surrender alternative vehicle
25 notice under section 79BCD in relation to a vehicle
26 commits an offence if, without the authority of a court
27 order, the person --
28 (a) disposes of an interest that the person has in the
29 vehicle; or
page 19
Road Traffic Amendment (Impounding and Confiscation of Vehicles)
Bill 2016
Part 2 Road Traffic Act 1974 amended
s. 29
1 (b) does anything, or causes or permits another
2 person to do anything, that results or will result
3 in a reduction in the value of the vehicle.
4 Penalty for this subsection: a fine of 50 PU.
5
6 Note: The heading to amended section 79BCE is to read:
7 Consequences of surrender alternative vehicle notice
8 29. Section 79C amended
9 In section 79C(1):
10 (a) before "impounds" insert:
11
12 seizes and
13
14 (b) in paragraph (aa) delete "the impounding," and insert:
15
16 the date of the seizure and impounding,
17
18 30. Section 79E amended
19 In section 79E:
20 (a) delete "expenses reasonably incurred by" and insert:
21
22 reasonable expenses of
23
24 (b) delete the passage that begins with "section 79BCE
25 less --" and continues to the end of the section and
26 insert:
27
28 section 79BCE.
29
30 Note: The heading to amended section 79E is to read:
31 Liability for police expenses for impounding
page 20
Road Traffic Amendment (Impounding and Confiscation of Vehicles)
Bill 2016
Road Traffic Act 1974 amended Part 2
s. 31
1 31. Section 80A replaced
2 Delete section 80A and insert:
3
4 80A. Confiscation of vehicles used in certain impounding
5 offences (driving)
6 (1) A court that convicts a person of an impounding
7 offence (driving) may, by order and in accordance with
8 subsection (2), (3) or (4), confiscate the vehicle used in
9 the offence.
10 (2) A court may make an order if it is satisfied that --
11 (a) the offence was committed in a school zone; or
12 (b) the offence was committed in a confiscation
13 zone other than a school zone and the
14 commission of the offence resulted in, or was
15 likely to result in --
16 (i) members of the public experiencing
17 harassment, intimidation, fear or alarm;
18 or
19 (ii) damage to any property, including the
20 road;
21 or
22 (c) the commission of the offence involved the
23 driving of the vehicle at 90 km/h or more above
24 the speed limit.
25 (3) The court may make the order if it is satisfied that --
26 (a) the offence was committed in a confiscation
27 zone; and
28 (b) in the 5 years before the day on which the
29 offence was committed the person was
30 convicted of a previous impounding offence
31 (driving) which was committed in a
32 confiscation zone.
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1 (4) The court may make the order if it is satisfied that in
2 the 5 years before the day on which the offence was
3 committed the person was convicted of 2 previous
4 impounding offences (driving).
5
6 32. Section 80D amended
7 In section 80D(1) delete "section 80A(1)," and insert:
8
9 section 80A, as in force at any time,
10
11 Note: The heading to amended section 80D is to read:
12 Effect of confiscation under s. 80A, 80C or 80CB
13 33. Section 80E amended
14 In section 80E(1) and (2) delete "section 80A(1)" and insert:
15
16 section 80A
17
18 34. Section 80FA amended
19 In section 80FA(2) delete "section 80A(1)," and insert:
20
21 section 80A,
22
23 35. Section 80G amended
24 (1) In section 80G(1) delete the definition of interest.
25 (2) In section 80G(1) in the definition of order delete
26 "section 80A(1)," and insert:
27
28 section 80A,
29
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s. 35
1 (3) After section 80G(3) insert:
2
3 (3A) Despite subsections (2) and (3), the court may make an
4 order on its own initiative in proceedings referred to in
5 subsection (2)(b), in which case subsection (3) applies
6 as if --
7 (a) references to the Commissioner were references
8 to the court; and
9 (b) references to an intention to make an
10 application were references to an intention to
11 make an order.
12
13 (4) In section 80G(5):
14 (a) delete "an application for" and insert:
15
16 whether or not to make
17
18 (b) delete "section 80A(1)" and insert:
19
20 section 80A(3) or (4),
21
22 (5) In section 80G(6A):
23 (a) delete "grant an application for" and insert:
24
25 make
26
27 (b) delete "it may make under section 80A(1)" and insert:
28
29 may be made under section 80A(3) or (4)
30
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s. 36
1 (6) In section 80G(6) delete "not, before the application is decided,"
2 and insert:
3
4 not
5
6 (7) At the end of section 80G(6) delete the Penalty and insert:
7
8 Penalty for this subsection: a fine of 50 PU.
9
10 Note: The heading to amended section 80G is to read:
11 Procedure and grounds for making orders under s. 80A to 80CB
12 36. Section 80H amended
13 In section 80H(1) delete "expenses reasonably incurred by" and
14 insert:
15
16 reasonable expenses of
17
18 Note: The heading to amended section 80H is to read:
19 Liability for police expenses for court-ordered impounding
20 37. Part V Division 4 Subdivision 4 heading replaced
21 Delete the heading to Part V Division 4 Subdivision 4 and
22 insert:
23
24 Subdivision 4 -- Vehicles impounded or confiscated under
25 Subdivision 2 or 3
26
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Road Traffic Act 1974 amended Part 2
s. 38
1 38. Section 80IB amended
2 (1) In section 80IB(1) delete "expenses reasonably incurred by" and
3 insert:
4
5 reasonable expenses of
6
7 (2) In section 80IB(5)(b) delete "not convicted of that offence
8 within that period or within an extension of that period ordered
9 by the court." and insert:
10
11 acquitted of that offence, or the charge is withdrawn or
12 dismissed.
13
14 39. Section 80I amended
15 (1) At the beginning of section 80I insert:
16
17 (1A) If a vehicle is impounded under Subdivision 2 or on an
18 impounding order and a person is convicted of the
19 offence for which the vehicle was impounded, that
20 person is liable to pay to the Commissioner an amount
21 specified by the Commissioner as being equivalent to
22 all reasonable expenses of the Commissioner in storing
23 the vehicle after the impounding period ends (the
24 post-impoundment expenses).
25
26 (2) In section 80I(1) delete "expenses incurred in storing the vehicle
27 after the impounding period ends." and insert:
28
29 post-impoundment expenses for the vehicle.
30
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s. 40
1 (3) In section 80I(2A) delete "expenses referred to in
2 subsection (1)" and insert:
3
4 post-impoundment expenses
5
6 (4) In section 80I(2) delete "expenses referred to in subsection (1)"
7 and insert:
8
9 post-impoundment expenses
10
11 Note: The heading to amended section 80I is to read:
12 Storage expenses after impounding period ends
13 40. Section 80JA amended
14 (1) In section 80JA(1) delete the definition of interest.
15 (2) In section 80JA(1) in the definition of impounded vehicle delete
16 "section 79A;" and insert:
17
18 section 79 or 79A.
19
20 (3) In section 80JA(8)(b) delete "expenses reasonably incurred by"
21 and insert:
22
23 reasonable expenses of
24
25 Note: The heading to amended section 80JA is to read:
26 Disposal, with consent, of vehicles impounded under s. 79 or 79A
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s. 41
1 41. Section 80J amended
2 (1) In section 80J(1) insert in alphabetical order:
3
4 expenses means the reasonable expenses of the
5 Commissioner;
6
7 (2) In section 80J(1) in the definition of confiscated vehicle delete
8 "section 80A(1)," and insert:
9
10 section 80A, as in force at any time,
11
12 (3) In section 80J(1) in the definition of uncollected vehicle delete
13 "28 days" and insert:
14
15 7 days
16
17 (4) Delete section 80J(3) and insert:
18
19 (3) The Commissioner is not to sell or otherwise dispose of
20 a confiscated vehicle or an item unless any appeal
21 against an impounding or confiscation order in respect
22 of the vehicle is determined.
23
24 (5) Delete section 80J(4)(b).
25 (6) Delete section 80J(7)(g) and insert:
26
27 (g) in satisfaction of an unpaid amount for which a
28 person is liable under section 80I;
29 (ga) in satisfaction of an unpaid amount of a
30 judgment debt arising out of a liability under
31 section 80I;
32
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Part 2 Road Traffic Act 1974 amended
s. 42
1 (7) In section 80J(7)(j)(i) delete "section 80A(1)" and insert:
2
3 section 80A, as in force at any time,
4
5 Note: The heading to amended section 80J is to read:
6 Sale of confiscated and uncollected vehicles and items
7 42. Section 80LA amended
8 In section 80LA(2) delete "expenses reasonably incurred to
9 sell" and insert:
10
11 reasonable expenses incurred by the Commissioner in selling
12
13 Note: The heading to amended section 80LA is to read:
14 Liability for police expenses for uncollected vehicle more than
15 sale proceeds
16 43. Section 80L amended
17 In section 80L(1) delete "section 80A(1)," and insert:
18
19 section 80A, as in force at any time,
20
21 44. Section 80M inserted
22 At the end of Part V Division 4 Subdivision 4 insert:
23
24 80M. Compensation for certain vehicles or items disposed
25 of under s. 80J
26 (1) In this section --
27 former owner, in relation to an uncollected vehicle
28 sold or otherwise disposed of under section 80J, or an
29 item in or on the vehicle, means the owner of the
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Road Traffic Act 1974 amended Part 2
s. 44
1 vehicle or item before the vehicle or item was sold or
2 otherwise disposed of;
3 item has the meaning given in section 80J(1);
4 uncollected vehicle has the meaning given in
5 section 80J(1).
6 (2) The State is liable to pay compensation to the former
7 owner of an uncollected vehicle, or an item, if the
8 vehicle or item is sold or otherwise disposed of under
9 section 80J and --
10 (a) no charge of committing the offence for which
11 the vehicle was impounded is laid during the
12 period of one year after the day on which the
13 offence is suspected to have been committed; or
14 (b) during the period described in paragraph (a), a
15 person is charged with committing the offence
16 but the person is acquitted of that offence, or
17 the charge is withdrawn or dismissed.
18 (3) If, before the end of the period referred to in
19 subsection (2)(a), the Commissioner of Police is
20 satisfied that it is unlikely that a person will be charged
21 with committing the offence for which the uncollected
22 vehicle was impounded, the former owner of the
23 vehicle, or item, may be paid compensation.
24 (4) A liability that the State has under subsection (2) in
25 relation to a an uncollected vehicle, or item, is reduced
26 by an amount paid under subsection (3) in relation to
27 the vehicle or item.
28 (5) The State may recover from a person an amount equal
29 to the amount of compensation paid to the person under
30 subsection (2) or (3) in a court of competent
31 jurisdiction as a debt due to the State if --
32 (a) a person is, after the payment of the
33 compensation, convicted of the offence for
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Road Traffic Amendment (Impounding and Confiscation of Vehicles)
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Part 2 Road Traffic Act 1974 amended
s. 44
1 which the uncollected vehicle was impounded;
2 and
3 (b) any appeal against the conviction is determined
4 and the conviction is not quashed or
5 overturned.
6 (6) The State is liable to pay compensation to the former
7 owner of an uncollected vehicle, or an item, if --
8 (a) a person was convicted of the offence for which
9 the vehicle was impounded; and
10 (b) the person is subsequently acquitted of the
11 offence; and
12 (c) at the time of the acquittal --
13 (i) no other person has been convicted of
14 the offence for which the vehicle was
15 impounded; or
16 (ii) if a person has been charged with the
17 offence for which the vehicle was
18 impounded, the person is acquitted of
19 the offence or the charge is withdrawn
20 or dismissed.
21 (7) The amount of compensation to be paid under this
22 section --
23 (a) for an uncollected vehicle, is limited to the
24 market value of the vehicle at the time it was
25 impounded; and
26 (b) for an item, is limited to the market value of the
27 item at the time the vehicle was impounded.
28 (8) For the purposes of subsection (7), the market value of
29 an uncollected vehicle, or an item, is --
30 (a) the market value agreed between the State and
31 the former owner of the vehicle or item; or
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Road Traffic Act 1974 amended Part 2
s. 45
1 (b) if no such agreement exists, the market value of
2 the vehicle or item as determined by a court of
3 competent jurisdiction.
4
5 45. Part V Division 4 Subdivision 5 inserted
6 At the end of Part V Division 4 insert:
7
8 Subdivision 5 -- Impounding and confiscation of unlicensed
9 motor cycles used on roads
10 80N. Terms used
11 In this Subdivision --
12 immediate family, in relation to a person, means a
13 spouse or de facto partner, child, grandchild, sibling,
14 parent or grandparent of the person;
15 surrender notice has the meaning given in
16 section 80P(2);
17 suspected use, in relation to a motor cycle impounded
18 under section 80O(2) or 80Q(1) or (2), means the use
19 of the motor cycle in circumstances described in
20 section 80O(1)(a) to (c).
21 80O. Police power to impound unlicensed motor cycle
22 used on road
23 (1) This section applies if a police officer reasonably
24 suspects that --
25 (a) a motor cycle is being used on a road; and
26 (b) the use constitutes an offence under the Road
27 Traffic (Vehicles) Act 2012 section 4(2); and
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Part 2 Road Traffic Act 1974 amended
s. 45
1 (c) the motor cycle was not, at any time during the
2 period of 2 years immediately before the day of
3 the use --
4 (i) licensed under the Road Traffic
5 (Vehicles) Act 2012; or
6 (ii) the subject of a permit, or number
7 plates, issued under the Road Traffic
8 (Vehicles) Act 2012 section 13.
9 (2) The police officer may seize and impound the motor
10 cycle within a period of 28 days after the day of its
11 suspected use.
12 (3) The Commissioner is to ensure that, as soon as
13 practicable after a motor cycle is impounded under
14 subsection (2), notice of the impounding is given to --
15 (a) a responsible person for the motor cycle; and
16 (b) if that person has not reached the age of
17 18 years, a responsible adult, as defined in the
18 Young Offenders Act 1994, for the person.
19 (4) The notice must be in an approved form and specify
20 the following --
21 (a) the time when the motor cycle was impounded;
22 (b) the address of the place where the motor cycle
23 is stored;
24 (c) sufficient details of the motor cycle to identify
25 it;
26 (d) the time and place of the suspected use of the
27 motor cycle;
28 (e) sufficient other details of the suspected use to
29 identify the grounds for giving the notice;
30 (f) if known, the name of the driver of the motor
31 cycle during its suspected use.
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s. 45
1 (5) The notice must also include the following --
2 (a) a statement to the effect that this Subdivision
3 contains law about the notice and the
4 impounding of the motor cycle;
5 (b) a statement as to the effect of sections 80S, 80T
6 and 80U;
7 (c) a statement as to the effect that if the motor
8 cycle is confiscated under section 80T, it may
9 be disposed of under section 80V;
10 (d) a statement as to the effect of section 80W.
11 80P. Surrender notice
12 (1) This section applies if --
13 (a) a police officer reasonably suspects, in relation
14 to a motor cycle, that the motor cycle has been
15 used in circumstances described in
16 section 80O(1)(a) to (c); and
17 (b) it is impracticable for the police officer to
18 impound the motor cycle under section 80O(2).
19 (2) The police officer may give, personally or by registered
20 post, a notice (a surrender notice) to --
21 (a) a responsible person for the motor cycle; and
22 (b) if that person has not reached the age of
23 18 years, a responsible adult, as defined in the
24 Young Offenders Act 1994, for the person.
25 (3) The surrender notice cannot be given more than
26 28 days after the day of the suspected use of the motor
27 cycle.
28 (4) The surrender notice must be in an approved form and
29 contain a statement to the effect that, because of the
30 suspected use of the motor cycle, it is required to be
31 surrendered to the Commissioner for impounding.
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Part 2 Road Traffic Act 1974 amended
s. 45
1 (5) The surrender notice must specify the following --
2 (a) sufficient details of the motor cycle to identify
3 it;
4 (b) the time and place of the suspected use of the
5 motor cycle;
6 (c) sufficient other details of the suspected use to
7 identify the grounds for giving the notice;
8 (d) if known, the name of the driver of the motor
9 cycle during its suspected use;
10 (e) the place at which, and the time of day during
11 which, the motor cycle and its keys are required
12 to be surrendered under this Subdivision;
13 (f) the last day on or before which the motor cycle
14 and its keys are required to be surrendered,
15 being the 7th day after the day the surrender
16 notice has been given.
17 (6) The surrender notice must also include the
18 following --
19 (a) a statement to the effect that this Subdivision
20 contains law about the notice and the
21 impounding of the motor cycle;
22 (b) a statement as to the effect of sections 80Q(1)
23 and (2), 80S, 80T and 80U;
24 (c) a statement as to the effect that if the motor
25 cycle is confiscated under section 80T, it may
26 be disposed of under section 80V;
27 (d) a statement as to the effect of section 80W.
28 80Q. Consequences of surrender notice
29 (1) If a responsible person for a motor cycle who is given a
30 surrender notice surrenders the motor cycle according
31 to the notice, the motor cycle must be impounded for a
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Road Traffic Act 1974 amended Part 2
s. 45
1 period that commences at the time when the motor
2 cycle is surrendered.
3 (2) If a responsible person for a motor cycle who is given a
4 surrender notice fails to surrender the motor cycle
5 according to the notice, the motor cycle must be
6 impounded for a period that commences at the time
7 when a police officer takes possession of the motor
8 cycle for the purpose of impounding it.
9 (3) A person who is given a surrender notice in relation to
10 a motor cycle commits an offence if the person fails to
11 comply with the notice.
12 Penalty for this subsection: a fine of 50 PU.
13 (4) A person who is given a surrender notice in relation to
14 a motor cycle commits an offence if, without the
15 authority of a court order, the person --
16 (a) disposes of an interest that the person has in the
17 motor cycle; or
18 (b) does anything, or causes or permits another
19 person to do anything, that results or will result
20 in a reduction in the value of the motor cycle.
21 Penalty for this subsection: a fine of 50 PU.
22 80R. Senior police officer to be informed if vehicle
23 impounded
24 (1) A police officer, other than a senior police officer, who
25 seizes and impounds a motor cycle under
26 section 80O(2) or gives a surrender notice
27 under section 80P(2) must, as soon as practicable after
28 the notice is given, inform a senior police officer of the
29 following --
30 (a) the date the seizure and impounding or the
31 giving of the notice, as the case requires;
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Road Traffic Amendment (Impounding and Confiscation of Vehicles)
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Part 2 Road Traffic Act 1974 amended
s. 45
1 (b) the police officer's grounds for suspecting the
2 matters referred to in section 80O(1)(a) to (c);
3 (c) whether or not the motor cycle has been seized
4 or surrendered.
5 (2) A senior police officer who is informed under
6 subsection (1) must make enquiries as to whether there
7 were reasonable grounds for suspecting the matters
8 referred to in section 80O(1)(a) to (c).
9 (3) If the senior police officer is not satisfied that there
10 were reasonable grounds for suspecting the matters
11 referred to in section 80O(1)(a) to (c), the senior police
12 officer must, as soon as practicable --
13 (a) if the motor cycle has been impounded under
14 section 80P, cancel the surrender notice and
15 give a written notice of the cancellation to each
16 person to whom the notice was given; and
17 (b) ensure that the motor cycle is returned to a
18 responsible person for the motor cycle, or if no
19 responsible person is available, to the driver of
20 the motor cycle at the time of its suspected use.
21 80S. Claims of right to possession
22 (1) A person may, within 10 days after the day on which a
23 motor cycle is impounded under section 80O(2)
24 or 80Q(1) or (2), give to the Commissioner a claim
25 that --
26 (a) the person --
27 (i) is a responsible person for the motor
28 cycle; and
29 (ii) is not a member of the driver's
30 immediate family; and
31 (iii) was not the driver of the motor cycle at
32 the time of the suspected use;
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Road Traffic Act 1974 amended Part 2
s. 45
1 and
2 (b) the suspected use of the motor cycle occurred
3 without the knowledge and acquiescence of the
4 person.
5 (2) The claim is to be in an approved form.
6 (3) If the Commissioner accepts the claim, the
7 Commissioner must, as soon as practicable, ensure that
8 the motor cycle is returned to the claimant.
9 (4) If the Commissioner rejects a claim, the Commissioner
10 must, as soon as practicable, give a written notice of
11 the rejection to the person making the claim.
12 80T. Confiscation
13 (1) A motor cycle impounded under section 80O(2)
14 or 80Q(1) or (2) is confiscated on the later of the
15 following --
16 (a) if the Commissioner does not receive a claim
17 under section 80S -- the 14th day after the
18 motor cycle is impounded; or
19 (b) if the Commissioner receives one or more
20 claims under section 80S but rejects all of
21 them -- the day after the last of those claims is
22 rejected.
23 (2) If a motor cycle is confiscated under subsection (1), the
24 property in the motor cycle vests absolutely in the
25 State, free from all interests, rights, titles or claims in
26 or to the ownership or possession of the motor cycle.
27 80U. Liability for police expenses
28 If a motor cycle is confiscated under section 80T(1),
29 the driver of the motor cycle at the time of its suspected
30 use is liable to pay to the Commissioner an amount
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Road Traffic Amendment (Impounding and Confiscation of Vehicles)
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Part 2 Road Traffic Act 1974 amended
s. 45
1 specified by the Commissioner as being equivalent to
2 all reasonable expenses of the Commissioner in --
3 (a) impounding the motor cycle; and
4 (b) storing the motor cycle after it has been
5 confiscated but before it has been sold or
6 otherwise disposed of under section 80V.
7 80V. Sale or other disposal of confiscated motor cycle
8 and items on it
9 (1) In this section --
10 confiscated motor cycle means a motor cycle that is
11 confiscated under section 80T(1);
12 item, in relation to a confiscated motor cycle, means an
13 item that was in or on the motor cycle at the time when
14 it was impounded under this Subdivision.
15 (2) The Commissioner may sell or otherwise dispose of a
16 confiscated motor cycle or an item.
17 (3) The owner of an item may apply to the Magistrates
18 Court for an order that the item be returned.
19 (4) Proceeds of the sale or disposal under subsection (2) of
20 a confiscated motor cycle or item are to be paid in the
21 following order of priority --
22 (a) for expenses incurred in selling the motor cycle
23 or item;
24 (b) for expenses incurred consequent on the
25 confiscation of the motor cycle;
26 (c) in satisfaction of an unpaid amount for which a
27 person is liable under section 80U;
28 (d) in satisfaction of an unpaid amount of a
29 judgment debt arising out of a liability under
30 section 80U;
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Road Traffic Amendment (Impounding and Confiscation of Vehicles)
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Road Traffic Act 1974 amended Part 2
s. 46
1 (e) in satisfaction of any unpaid amount known to
2 the Commissioner --
3 (i) for which the motor cycle was
4 nominated in writing as security for the
5 payment of that amount; and
6 (ii) that, but for the confiscation of the
7 motor cycle, would have been payable
8 to a person other than the person
9 convicted of the offence in respect of
10 which the motor cycle was confiscated;
11 (f) the balance, to the credit of the Road Trauma
12 Trust Account established in accordance with
13 the Road Safety Council Act 2002 section 12.
14 80W. Liability for police expenses exceeding sale proceeds
15 If a motor cycle or item is sold under section 80V(2)
16 but the proceeds of the sale are insufficient to pay the
17 expenses specified in section 80U, the driver of the
18 motor cycle at the time of its suspected use is liable to
19 pay to the Commissioner the difference between the
20 amount of those expenses and the proceeds of the sale.
21
22 46. Part VIII heading amended
23 In the heading to Part VIII after "Transitional" insert:
24
25 and savings
26
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Part 2 Road Traffic Act 1974 amended
s. 47
1 47. Section 109 inserted
2 At the end of Part VIII insert:
3
4 109. Transitional and savings provisions for the Road
5 Traffic Amendment (Impounding and Confiscation of
6 Vehicles) Act 2016
7 (1) In this section --
8 amendment Act means the Road Traffic Amendment
9 (Impounding and Confiscation of Vehicles) Act 2016;
10 commencement day means --
11 (a) in subsections (2) to (5), the day on which
12 section 7 of the amendment Act comes into
13 operation;
14 (b) in subsections (6) to (9), the day on which
15 section 31 of the amendment Act comes into
16 operation;
17 former, in relation to a provision of this Act, means the
18 provision as it was immediately before commencement
19 day.
20 (2) An offence committed under former section 60(1) is,
21 on and after commencement day, to be taken to be an
22 offence under section 60(1A)(b) for the purposes of
23 Part V.
24 (3) An offence committed under former section 60(1a) is,
25 on and after commencement day, to be taken to be an
26 offence under section 60A(1)(b) for the purposes of
27 Part V.
28 (4) An offence committed under former section 60(1b) is,
29 on and after commencement day, to be taken to be an
30 offence under section 60A(2)(b) for the purposes of
31 Part V.
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Road Traffic Act 1974 amended Part 2
s. 47
1 (5) An offence committed under former section 62A is, on
2 and after commencement day, to be taken to be an
3 offence under section 62A(b) or (c), as the case
4 requires, for the purposes of Part V.
5 (6) Section 80A(2) and (3) do not apply to, or in relation
6 to, an offence committed before commencement day.
7 (7) Section 80J applies to a vehicle impounded under
8 Part V Division 4 Subdivision 2, or on an impounding
9 order (as defined in section 78A), whether before, on or
10 after commencement day.
11 (8) Section 80J applies to a vehicle confiscated under
12 former section 80A(1) as if it had been confiscated
13 under section 80A on or after commencement day.
14 (9) Section 80J applies to a vehicle confiscated under
15 section 80C(1) or 80CB(1) whether before, on or after
16 commencement day.
17
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Road Traffic Amendment (Impounding and Confiscation of Vehicles)
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Part 3 Consequential amendments to other Acts and repeals
Division 1 The Criminal Code amended
s. 48
1 Part 3 -- Consequential amendments to other Acts and
2 repeals
3 Division 1 -- The Criminal Code amended
4 48. Act amended
5 This Division amends The Criminal Code.
6 49. Section 378 amended
7 In section 378(2)(a) delete "section 60 of the Road Traffic
8 Act 1974 (i.e. the offence known as reckless driving); or" and
9 insert:
10
11 the Road Traffic Act 1974 section 60 or 60A; or
12
13 50. Section 417A amended
14 In section 417A(3)(a) delete "section 60 (i.e. the offence known
15 as reckless driving); or" and insert:
16
17 section 60 or 60A; or
18
19 Division 2 -- Road Safety Council Act 2002 amended
20 51. Act amended
21 This Division amends the Road Safety Council Act 2002.
22 52. Section 12 amended
23 In section 12(2)(da) delete "section 80J(7)(j)(i) requires" and
24 insert:
25
26 section 80J(7)(j)(i) and 80V(4)(e) require
27
page 42
Road Traffic Amendment (Impounding and Confiscation of Vehicles)
Bill 2016
Consequential amendments to other Acts and repeals Part 3
Road Traffic Legislation Amendment Act 2016 amended Division 3
s. 53
1 Division 3 -- Road Traffic Legislation Amendment Act 2016
2 amended
3 53. Act amended
4 This Division amends the Road Traffic Legislation Amendment
5 Act 2016.
6 54. Section 42 amended
7 (1) In section 42 in inserted section 49AAA insert in alphabetical
8 order:
9 above the speed limit, in relation to the driving of a vehicle,
10 means driving the vehicle at a speed that exceeds the speed limit
11 applicable to the driver, the vehicle or the length of road where
12 it is being driven;
13 confiscation zone means --
14 (a) in relation to a vehicle, a length of road where the speed
15 limit applicable to the vehicle, or the length of road, is
16 50 km/h or less; or
17 (b) a school zone;
18 motor cycle means a motor vehicle that has 2 wheels and
19 includes --
20 (a) a 2-wheeled motor vehicle with a sidecar attached to it
21 that is supported by a third wheel; and
22 (b) a motor vehicle with 3 wheels that is ridden in the same
23 way as a motor vehicle with 2 wheels;
24 school zone means a length of road designated as a school zone
25 under a road law;
26 speed limit means a speed limit set under a road law.
page 43
Road Traffic Amendment (Impounding and Confiscation of Vehicles)
Bill 2016
Part 3 Consequential amendments to other Acts and repeals
Division 4 Young Offenders Act 1994 amended
s. 55
1 (2) In section 42 in inserted section 49AAA in the definition of
2 provide driving instruction delete "vehicle." and insert:
3
4 vehicle;
5
6 Note for this Division:
7 See the note to section 5.
8 Division 4 -- Young Offenders Act 1994 amended
9 55. Act amended
10 This Division amends the Young Offenders Act 1994.
11 56. Schedule 1 amended
12 In Schedule 1 item 3 relating to the Road Traffic Code 1974
13 delete the row relating to s. 60 and insert:
14
s. 60 Driving in reckless manner
s. 60A Driving at reckless speed
15
16 Division 5 -- Repeals
17 57. Certain provisions of this Act repealed if not commenced
18 (1) If the Road Traffic Legislation Amendment Act 2016 section 42
19 comes into operation on or before the day on which section 4 of
20 this Act comes into operation, section 5 and Part 3 Division 3 of
21 this Act --
22 (a) do not come into operation; and
23 (b) are repealed when section 4 of this Act comes into
24 operation.
page 44
Road Traffic Amendment (Impounding and Confiscation of Vehicles)
Bill 2016
Consequential amendments to other Acts and repeals Part 3
Repeals Division 5
s. 57
1 (2) If the Road Traffic Legislation Amendment Act 2016 section 42
2 has not come into operation before the day on which section 5
3 and Part 3 Division 3 of this Act have come into operation,
4 section 4 of this Act --
5 (a) does not come into operation; and
6 (b) is repealed when section 5 and Part 3 Division 3 of this
7 Act come into operation.
8
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