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This is a Bill, not an Act. For current law, see the Acts databases.


ROAD TRAFFIC AMENDMENT BILL 2010

                      Western Australia


      Road Traffic Amendment Bill 2010

                         CONTENTS


1.      Short title                                                 2
2.      Commencement                                                2
3.      Act amended                                                 2
4.      Section 78C amended                                         2
5.      Section 78D amended                                         3
6.      Sections 79BCA and 79BCB inserted                           3
        79BCA.   Notice to surrender substitute vehicle for
                 impoundment                                  3
        79BCB.   Consequences of surrender of substitute
                 vehicle notice                               5
        79BCC.   Cancelling notices to surrender              6
        79BCD.   Notice to surrender alternative vehicle if
                 surrender notice cancelled                   7
        79BCE.   Consequences of surrender of alternative
                 vehicle notice                               10
7.      Section 79BD amended                                       11
8.      Section 79B amended                                        12
9.      Section 79C amended                                        14
10.     Section 79D amended                                        16
11.     Section 79E amended                                        23
12.     Section 80IB amended                                       23
13.     Section 80I amended                                        23




                           118--2                                   page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                      (As amended in Committee)


         Road Traffic Amendment Bill 2010


                               A Bill for


An Act to amend the Road Traffic Act 1974.



The Parliament of Western Australia enacts as follows:




                                                         page 1
     Road Traffic Amendment Bill 2010



     s. 1




1    1.         Short title
2               This is the Road Traffic Amendment Act 2010.

3    2.         Commencement
4               This Act comes into operation as follows --
5                (a) sections 1 and 2 -- on the day on which this Act
6                      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    3.         Act amended
10              This Act amends the Road Traffic Act 1974.

11   4.         Section 78C amended
12        (1)   In section 78C(2A) delete "section 79BB(2)." and insert:
13

14              section 79BB(2), 79BCB(2) or 79BCE(2).
15

16        (2)   In section 78C(2) delete "section 79BB(2)" and insert:
17

18              section 79BB(2), 79BCB(2) or 79BCE(2)
19

20        (3)   In section 78C(3)(ba) delete "section 79BB(2); or" and insert:
21

22              section 79BB(2), 79BCB(2) or 79BCE(2); or
23




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                                                                                  s. 5



1    5.      Section 78D amended
2            In section 78D(a) delete "79A(1) or 79BB" and insert:
3

4            79A(1), 79BB, 79BCB or 79BCE
5


6    6.      Sections 79BCA to 79BCE inserted
7            After section 79BB insert:
8


9         79BCA. Notice to surrender substitute vehicle for
10               impoundment
11           (1)   This section applies if --
12                  (a) a vehicle (the initially impounded vehicle) is
13                         impounded under section 79, 79A or 79BB; and
14                  (b) under section 79D(2), the initially impounded
15                         vehicle is released before the impounding
16                         period ends; and
17                  (c) the person (the alleged offender) who allegedly
18                         committed the offence in respect of which the
19                         initially impounded vehicle was impounded
20                         (the offence) is a responsible person for one or
21                         more other vehicles.
22           (2)   If this section applies, a member of the Police Force
23                 may give the alleged offender, personally or by
24                 registered post, a notice in accordance with this section
25                 (a surrender substitute vehicle notice).
26           (3)   The surrender substitute vehicle notice cannot be given
27                 after 28 days after the date of the release of the initially
28                 impounded vehicle.
29           (4)   The surrender substitute vehicle notice must contain a
30                 statement to the effect that, because the initially
31                 impounded vehicle has been released, a vehicle for

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     Road Traffic Amendment Bill 2010



     s. 6



1                   which the alleged offender is a responsible person (the
2                   substitute vehicle) is required to be surrendered to the
3                   Commissioner for impounding instead of the initially
4                   impounded vehicle.
5             (5)   The surrender substitute vehicle notice must specify the
6                   following --
7                     (a) in relation to the offence, its details and the
8                          time and place at which it is suspected to have
9                          been committed;
10                    (b) which of sections 79(1) and 79A(1) is the
11                         provision that authorised the impounding of the
12                         initially impounded vehicle (the impounding
13                         provision);
14                    (c) sufficient details of the initially impounded
15                         vehicle to identify it;
16                    (d) when the initially impounded vehicle was
17                         impounded;
18                    (e) when the initially impounded vehicle was
19                         released under section 79D(2);
20                    (f) sufficient details of the substitute vehicle to
21                         identify it;
22                    (g) if the impounding provision is section 79(1)
23                         and the alleged offender is a previous offender
24                         as defined in section 79(1A), sufficient details
25                         to explain why the alleged offender is regarded
26                         as a previous offender;
27                    (h) the length of the impounding period for the
28                         substitute vehicle, which is to be --
29                           (i) if section 79(1) was the impounding
30                                  provision for the initially impounded
31                                  vehicle, either 28 days or 3 months
32                                  according to which of those periods was
33                                  the impounding period for which
34                                  section 79(1) required the initially

     page 4
                                       Road Traffic Amendment Bill 2010



                                                                         s. 6



1                            impounded vehicle to be impounded;
2                            and
3                      (ii) if section 79A(1) was the impounding
4                            provision for the initially impounded
5                            vehicle, 28 days;
6              (i)   the place at which, and the time of day during
7                    which, the vehicle and its keys are required to
8                    be surrendered under this Division; and
9              (j)   the last day on or before which the vehicle and
10                   its keys are required to be surrendered, being
11                   the seventh day after the day on which the
12                   notice is given.
13     (6)   The surrender substitute vehicle notice must also
14           include --
15             (a) a statement to the effect that this Division
16                   contains law about the notice and the
17                   impounding of the vehicle; and
18             (b) a statement as to the effect of
19                   section 79BCB(5); and
20             (c) a statement to the effect that failure to comply
21                   with the notice will result in the vehicle being
22                   impounded by operation of section 79BCB(2).
23     (7)   If the alleged offender is a responsible person for 2 or
24           more other vehicles, the surrender substitute vehicle
25           notice must specify only one of them as the substitute
26           vehicle, being the one decided by the member of the
27           Police Force issuing the notice.

28   79BCB. Consequences of surrender of substitute vehicle
29          notice
30     (1)   If a responsible person who is given a surrender
31           substitute vehicle notice under section 79BCA
32           surrenders the substitute vehicle specified in the notice
33           according to the notice, the vehicle is impounded by

                                                                   page 5
     Road Traffic Amendment Bill 2010



     s. 6



1                   operation of this subsection for a period that
2                   commences at the time when the vehicle is
3                   surrendered.
4             (2)   If a responsible person who is given a surrender
5                   substitute vehicle notice under section 79BCA fails to
6                   surrender the substitute vehicle specified in the notice
7                   according to the notice, the vehicle is impounded by
8                   operation of this subsection for a period that
9                   commences at the time when a member of the Police
10                  Force takes possession of the vehicle for the purpose of
11                  impounding it.
12            (3)   An impounding period the length of which is specified
13                  as 28 days or 3 months in a surrender substitute vehicle
14                  notice includes the part of the day on which the vehicle
15                  is impounded that is after the impounding occurred
16                  even though including that part of the day makes the
17                  period more than 28 days or 3 months, as the case
18                  requires.
19            (4)   The period for which a vehicle is impounded by
20                  operation of subsection (1) or (2) ends when the
21                  impounding period has passed since the end of the day
22                  on which the vehicle was impounded.
23            (5)   A responsible person who is given a surrender
24                  substitute vehicle notice under section 79BCA commits
25                  an offence and is liable to a fine of 50 PU if, when the
26                  substitute vehicle specified in the notice has not been
27                  impounded by operation of subsection (1) or (2) as a
28                  consequence of the notice, the person disposes of an
29                  interest that the person has in the vehicle.

30          79BCC. Cancelling notices to surrender
31            (1)   In this section --
32                  notice to surrender means --
33                    (a) a surrender notice given under section 79BA; or

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                                        Road Traffic Amendment Bill 2010



                                                                           s. 6



1              (b)    a surrender substitute vehicle notice given
2                     under section 79BCA; or
3               (c)   a surrender alternative vehicle notice given
4                     under section 79BCD.
5       (2)   If a senior police officer is satisfied that --
6                (a) a notice to surrender has been given to a person
7                      in respect of a vehicle; and
8               (b) the vehicle has not been impounded under
9                      section 79BB, 79BCB or 79BCE, as the case
10                     may be; and
11               (c) either --
12                        (i) if the vehicle were so impounded, the
13                             vehicle would be a vehicle that could,
14                             under section 79D, be released before
15                             the impounding period ends; or
16                       (ii) the vehicle's condition is such that it no
17                             longer functions as a vehicle and a
18                             licence could not be issued for it under
19                             Part III,
20            the officer may cancel the notice to surrender.
21      (3)   As soon as is practicable after a senior police officer
22            cancels a notice to surrender, the officer must give a
23            written notice of the cancellation to the person to
24            whom the notice to surrender was given.

25   79BCD. Notice to surrender alternative vehicle if surrender
26          notice cancelled
27      (1)   This section applies if --
28             (a) under section 79BA a surrender notice is given
29                    to a person responsible for a vehicle (vehicle A)
30                    the driver of which (the alleged offender) is
31                    suspected of having committed an offence (the
32                    offence); and

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     Road Traffic Amendment Bill 2010



     s. 6



1                    (b)    under section 79BCC the surrender notice is
2                           cancelled before vehicle A is impounded under
3                           section 79BB; and
4                     (c)   the alleged offender is a responsible person for
5                           one or more other vehicles.
6             (2)   If this section applies, a member of the Police Force
7                   may give the alleged offender, personally or by
8                   registered post, a notice in accordance with this section
9                   (a surrender alternative vehicle notice).
10            (3)   The surrender alternative vehicle notice cannot be
11                  given after 28 days after the date on which the
12                  surrender notice was cancelled.
13            (4)   The surrender alternative vehicle notice must contain a
14                  statement to the effect that, because vehicle A will not
15                  be impounded, a vehicle for which the alleged offender
16                  is a responsible person (the alternative vehicle) is
17                  required to be surrendered to the Commissioner for
18                  impounding instead of vehicle A.
19            (5)   The surrender alternative vehicle notice must specify
20                  the following --
21                    (a) in relation to the offence, its details and the
22                          time and place at which it is suspected to have
23                          been committed;
24                    (b) which of sections 79(1) and 79A(1) is the
25                          provision that authorised the impounding of
26                          vehicle A (the impounding provision);
27                    (c) sufficient details of vehicle A to identify it;
28                    (d) when the surrender notice was cancelled under
29                          section 79BCC;
30                    (e) sufficient details of the alternative vehicle to
31                          identify it;
32                    (f) if the impounding provision is section 79(1)
33                          and the alleged offender is a previous offender

     page 8
                                     Road Traffic Amendment Bill 2010



                                                                      s. 6



1                  as defined in section 79(1A), sufficient details
2                  to explain why the alleged offender is regarded
3                  as a previous offender;
4           (g)    the length of the impounding period for the
5                  alternative vehicle, which is to be --
6                     (i) if section 79(1) was the impounding
7                          provision for vehicle A, either 28 days
8                          or 3 months according to which of those
9                          periods was the impounding period for
10                         which section 79(1) required vehicle A
11                         to be impounded; and
12                   (ii) if section 79A(1) was the impounding
13                         provision for vehicle A, 28 days;
14          (h)    the place at which, and the time of day during
15                 which, the alternative vehicle and its keys are
16                 required to be surrendered under this Division;
17           (i)   the last day on or before which the alternative
18                 vehicle and its keys are required to be
19                 surrendered, being the seventh day after the day
20                 on which the notice is given.
21   (6)   The surrender alternative vehicle notice must also
22         include --
23           (a) a statement to the effect that this Division
24                 contains law about the notice and the
25                 impounding of the vehicle; and
26           (b) a statement as to the effect of
27                 section 79BCE(5); and
28           (c) a statement to the effect that failure to comply
29                 with the notice will result in the vehicle being
30                 impounded by operation of section 79BCE(2).
31   (7)   If the alleged offender is a responsible person for 2 or
32         more other vehicles, the surrender alternative vehicle
33         notice must specify only one of them as the alternative


                                                                 page 9
     Road Traffic Amendment Bill 2010



     s. 6



1                    vehicle, being the one decided by the member of the
2                    Police Force issuing the notice.

3           79BCE. Consequences of surrender of alternative vehicle
4                  notice
5              (1)   If a responsible person who is given a surrender
6                    alternative vehicle notice under section 79BCD
7                    surrenders the alternative vehicle specified in the notice
8                    according to the notice, the vehicle is impounded by
9                    operation of this subsection for a period that
10                   commences at the time when the vehicle is
11                   surrendered.
12             (2)   If a responsible person who is given a surrender
13                   alternative vehicle notice under section 79BCD fails to
14                   surrender the alternative vehicle specified in the notice
15                   according to the notice, the vehicle is impounded by
16                   operation of this subsection for a period that
17                   commences at the time when a member of the Police
18                   Force takes possession of the vehicle for the purpose of
19                   impounding it.
20             (3)   An impounding period the length of which is specified
21                   as 28 days or 3 months in a surrender alternative
22                   vehicle notice includes the part of the day on which the
23                   vehicle is impounded that is after the impounding
24                   occurred even though including that part of the day
25                   makes the period more than 28 days or 3 months, as the
26                   case requires.
27             (4)   The period for which a vehicle is impounded by
28                   operation of subsection (1) or (2) ends when the
29                   impounding period has passed since the end of the day
30                   on which the vehicle was impounded.
31             (5)   A responsible person who is given a surrender
32                   alternative vehicle notice under section 79BCD
33                   commits an offence and is liable to a fine of 50 PU if,


     page 10
                                                Road Traffic Amendment Bill 2010



                                                                                  s. 7



1                     when the alternative vehicle specified in the notice has
2                     not been impounded by operation of subsection (1) or
3                     (2) as a consequence of the notice, the person disposes
4                     of an interest that the person has in the vehicle.
5


6    7.         Section 79BD amended
7         (1)   Delete section 79BD(1) and insert:
8
9               (1)   If --
10                       (a)   a responsible person for a vehicle who is given
11                             a surrender notice under section 79BA fails to
12                             surrender the vehicle specified in the notice
13                             according to the notice; or
14                      (b)    a responsible person for a vehicle who is given
15                             a surrender substitute vehicle notice under
16                             section 79BCA fails to surrender the substitute
17                             vehicle specified in the notice according to the
18                             notice; or
19                      (c)    a responsible person for a vehicle who is given
20                             a surrender alternative vehicle notice under
21                             section 79BCD fails to surrender the alternative
22                             vehicle specified in the notice according to the
23                             notice,
24                    the Commissioner may request the Director General to
25                    suspend the licence in respect of the vehicle until the
26                    vehicle is impounded under this Division or the
27                    Commissioner requests the Director General to revoke
28                    the suspension.
29

30        (2)   In section 79BD(2) delete "section 79D(2)(a), (b) or (c)" and
31              insert:
32
33              a paragraph of section 79D(2)
34


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     Road Traffic Amendment Bill 2010



     s. 8



1    8.          Section 79B amended
2         (1)    In section 79B(2) after "notice of the impounding" insert:
3

4                given under subsection (1)
5

6         (2)    After section 79B(2) insert:
7

8               (3A)   The Commissioner is to ensure that, as soon as
9                      practicable after a vehicle (the substitute vehicle) is
10                     impounded under section 79BCB following the issue of
11                     a surrender substitute vehicle notice to a responsible
12                     person for the vehicle under section 79BCA, notice of
13                     the impounding is given to --
14                      (a)   each responsible person for the vehicle; and
15                      (b)   if the licence in respect of the vehicle is for the
16                            time being suspended under section 79BD, the
17                            Director General.
18              (3B)   The notice of the impounding given under
19                     subsection (3A) is to be in an approved form and
20                     contain details of --
21                       (a) the time and place at which the offence, in the
22                             commission of which the initially impounded
23                             vehicle (as defined in section 79BCA(1)) was
24                             used, is suspected to have been committed; and
25                       (b) the offence sufficient to identify the grounds on
26                             which the initially impounded vehicle was
27                             impounded; and
28                       (c) the person who was driving the initially
29                             impounded vehicle when the offence is
30                             suspected to have been committed; and
31                       (d) the substitute vehicle sufficient to identify it;
32                             and


     page 12
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                                                                       s. 8



1             (e)   the time when the substitute vehicle was
2                   impounded; and
3             (f)   the address of the place where the substitute
4                   vehicle is stored; and
5            (g)    the length of the impounding period for the
6                   substitute vehicle which is to be the period
7                   specified in the surrender substitute vehicle
8                   notice under section 79BCA(5)(h); and
9            (h)    the grounds on which the substitute vehicle
10                  may be released under section 79D; and
11            (i)   how, when and to whom the substitute vehicle
12                  can be released; and
13            (j)   the powers of a court under sections 80A, 80B,
14                  80C and 80FA in relation to the impounding
15                  and confiscation of vehicles.
16   (3C)   The Commissioner is to ensure that, as soon as
17          practicable after a vehicle (the alternative vehicle) is
18          impounded under section 79BCE following the issue of
19          a surrender alternative vehicle notice to a responsible
20          person for the vehicle under section 79BCD, notice of
21          the impounding is given to --
22            (a) each responsible person for the vehicle; and
23            (b) if the licence in respect of the vehicle is for the
24                  time being suspended under section 79BD, the
25                  Director General.
26   (3D)   The notice of the impounding given under subsection
27          (3C) is to be in an approved form and contain details
28          of --
29            (a) the offence referred to in section 79BCD(1)(a)
30                  including the time and place at which it is
31                  suspected to have been committed; and
32            (b) the alternative vehicle sufficient to identify it;
33                  and


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     Road Traffic Amendment Bill 2010



     s. 9



1                       (c)    the time when the alternative vehicle was
2                              impounded; and
3                       (d)    the address of the place where the alternative
4                              vehicle is stored; and
5                       (e)    the length of the impounding period for the
6                              alternative vehicle which is to be the period
7                              specified in the surrender alternative vehicle
8                              notice under section 79BCD(5)(g); and
9                        (f)   the grounds on which the alternative vehicle
10                             may be released under section 79D; and
11                      (g)    how, when and to whom the alternative vehicle
12                             can be released; and
13                      (h)    the powers of a court under sections 80A, 80B,
14                             80C and 80FA in relation to the impounding
15                             and confiscation of vehicles.
16


17   9.         Section 79C amended
18        (1)   In section 79C(1):
19                (a) after "section 79BA" insert:
20

21                     or a surrender substitute vehicle notice under
22                     section 79BCA or a surrender alternative vehicle notice
23                     under section 79BCD
24

25               (b)    before paragraph (a) insert:
26

27                     (aa)    the impounding, or the giving of the notice, as
28                             the case requires; and
29

30        (2)   In section 79C(2) delete "of a vehicle impoundment or the
31              giving of a surrender notice".



     page 14
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                                                                           s. 9



1    (3)   In section 79C(3):
2            (a) in paragraph (a) delete "impounded," and insert:
3

4                 impounded under section 79, 79A or 79BB,
5

6           (b)   in paragraph (b) after "if " insert:
7

8                 under section 79BA
9

10          (c)   in paragraph (b) delete "cancelled." and insert:
11

12                cancelled;
13

14          (d)   after paragraph (b) insert:
15

16                (c)   if a substitute vehicle has been impounded
17                      under section 79BCB, or an alternative vehicle
18                      has been impounded under section 79BCE, the
19                      senior police officer and the member of the
20                      Police Force are to take measures to ensure that
21                      the vehicle is released from impoundment and
22                      returned to a responsible person;
23                (d)   if under section 79BCA a surrender substitute
24                      vehicle notice has been given, or under section
25                      79BCD a surrender alternative vehicle notice
26                      has been given, but the vehicle has not yet been
27                      surrendered, the senior police officer is to
28                      cancel the notice and immediately notify the
29                      person to whom the notice was given that the
30                      notice has been cancelled.
31




                                                                     page 15
     Road Traffic Amendment Bill 2010



     s. 10



1          (4)   In section 79C(4) delete "notice." and insert:
2

3                notice or surrender substitute vehicle notice or surrender
4                alternative vehicle notice, as the case may be.
5


6    10.         Section 79D amended
7          (1)   In section 79D(1) insert in alphabetical order:
8

9                      service, in relation to a vehicle, includes to clean,
10                     examine, improve, inspect, paint, park, repair, store and
11                     transport it;
12                     taxi means a vehicle --
13                       (a) on which taxi plates issued under the Taxi Act
14                              1994 are being used; or
15                       (b) in respect of which a taxi-car licence has been
16                              issued under the Transport Co-ordination Act
17                              1966 Part IIIB,
18                     and it does not matter whether or not, at the relevant
19                     time, it is standing or plying for hire or carrying
20                     passengers for reward;
21                     taxi operator, of a taxi, means a person who --
22                       (a) under the Taxi Act 1994, owns or leases the taxi
23                              plates, issued under that Act, that are being
24                              used on the taxi; or
25                       (b) holds the taxi-car licence issued under the
26                              Transport Co-ordination Act 1966 in respect of
27                              the taxi;
28                     vehicle service provider means a person who, for
29                     reward in the course of a business, services vehicles.
30




     page 16
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                                                                       s. 10



1    (2)   In section 79D(1) in the definition of impounded vehicle delete
2          "79A(1) or 79BB." and insert:
3

4          79A(1), 79BB, 79BCB or 79BCE;
5

6    (3)   In section 79D(2):
7            (a) in paragraph (c) delete "case." and insert:
8

9                 case; or
10

11          (b)   after paragraph (c) insert:
12

13                (d)   a senior police officer is satisfied that, at the
14                      time the offence in respect of which the vehicle
15                      was impounded was committed --
16                         (i) the vehicle, with the consent of a person
17                              lawfully in possession of it, was in the
18                              possession of a vehicle service provider
19                              for the purposes of being serviced by
20                              the vehicle service provider; and
21                        (ii) the person who allegedly committed the
22                              offence was the vehicle service provider
23                              or a person employed by, contracted to
24                              or acting with the authority of the
25                              vehicle service provider; and
26                       (iii) the person who allegedly committed the
27                              offence was not a responsible person for
28                              the vehicle;
29                      or




                                                                    page 17
     Road Traffic Amendment Bill 2010



     s. 10



1                    (e)   a senior police officer is satisfied that, at the
2                          time the offence in respect of which the vehicle
3                          was impounded was committed --
4                             (i) the vehicle had been lent by a vehicle
5                                  service provider to the person who
6                                  allegedly committed the offence for use
7                                  while the vehicle service provider was
8                                  servicing a vehicle for the person; and
9                            (ii) the person who allegedly committed the
10                                 offence was not a responsible person for
11                                 the vehicle;
12                         or
13                   (f)   a senior police officer is satisfied that, at the
14                         time the offence in respect of which the vehicle
15                         was impounded was committed --
16                            (i) the vehicle was for sale; and
17                           (ii) the person who allegedly committed the
18                                 offence (the alleged offender) was
19                                 test-driving the vehicle with the consent
20                                 of the person selling it for the purpose
21                                 of deciding whether to buy it; and
22                          (iii) the person who consented to the alleged
23                                 offender test-driving the vehicle had
24                                 complied with subsection (3); and
25                          (iv) the alleged offender was not employed
26                                 by or contracted to the person selling
27                                 the vehicle; and
28                           (v) the alleged offender was not a
29                                 responsible person for the vehicle;
30                         or




     page 18
                             Road Traffic Amendment Bill 2010



                                                           s. 10



1    (ga)   a senior police officer is satisfied that, at the
2           time the offence in respect of which the vehicle
3           was impounded was committed --
4              (i) the vehicle was used primarily in the
5                   course of a business conducted by a
6                   person (the business owner); and
7             (ii) the person who allegedly committed the
8                   offence (the alleged offender) was an
9                   employee or contractor of the business
10                  owner; and
11           (iii) the alleged offender was driving the
12                  vehicle with the consent of the business
13                  owner or an agent of the business
14                  owner; and
15           (iv) the person who consented to the alleged
16                  offender driving the vehicle had
17                  complied with subsection (4A); and
18            (v) the alleged offender was not a
19                  responsible person for the vehicle;
20          or
21   (gb)   a senior police officer is satisfied that, at the
22          time the offence in respect of which the vehicle
23          was impounded was committed --
24             (i) the vehicle was a taxi; and
25            (ii) the person who allegedly committed the
26                  offence (the alleged offender) was
27                  driving the taxi under an agreement
28                  between him or her and the taxi operator
29                  of the taxi, or an agent of the taxi
30                  operator, under which the alleged
31                  offender pays the operator or agent in
32                  order to be allowed to drive the taxi for
33                  reward; and



                                                        page 19
     Road Traffic Amendment Bill 2010



     s. 10



1                          (iii)   the taxi operator or agent who entered
2                                  into the agreement with the alleged
3                                  offender had complied with
4                                  subsection (4B); and
5                          (iv)    the alleged offender was not a
6                                  responsible person for the vehicle;
7                         or
8                  (gc)   a senior police officer is satisfied that, at the
9                         time the offence in respect of which the vehicle
10                        was impounded was committed --
11                           (i) the vehicle was licensed under the
12                                Transport Co-ordination Act 1966 to be
13                                operated as an omnibus; and
14                          (ii) the person who allegedly committed the
15                                offence (the alleged offender) was an
16                                employee or contractor of the holder of
17                                that licence; and
18                         (iii) the alleged offender was driving the
19                                vehicle with the consent of the holder of
20                                that licence; and
21                         (iv) the person who consented to the alleged
22                                offender driving the vehicle had
23                                complied with subsection (4A); and
24                          (v) the alleged offender was not a
25                                responsible person for the vehicle;
26                        or
27                 (gd)   a senior police officer is satisfied that --
28                           (i) the vehicle cannot be released under any
29                                of paragraphs (a) to (gc) or under
30                                circumstances prescribed under
31                                paragraph (g); and
32                          (ii) unless the vehicle is released, manifest
33                                injustice or manifest unfairness will be


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                                                                              s. 10



1                                  suffered by a person other than the
2                                  alleged offender;
3                          or
4                    (g)   circumstances prescribed by the regulations
5                          exist.
6

7             (c)    after paragraph (a) insert:
8

9                    or
10

11   (4)    After section 79D(2) insert:
12

13          (3)     For the purposes of subsection (2)(f)(iii), a person who
14                  consents to a person test-driving a vehicle must --
15                    (a) ensure the driver has a driver's licence that
16                          authorises him or her to drive the vehicle; and
17                    (b) inform the driver that he or she must obey the
18                          law when test-driving the vehicle.
19         (4A)     For the purposes of subsection (2)(ga)(iv) and (gc)(iv),
20                  a person who consents to an employee or contractor
21                  driving a vehicle must --
22                    (a) ensure the driver has a driver's licence that
23                          authorises him or her to drive the vehicle; and
24                    (b) ensure the driver has been instructed to obey
25                          the law when driving the vehicle.
26         (4B)     For the purposes of subsection (2)(gb)(iii), a taxi
27                  operator or agent who enters into an agreement with a
28                  driver must --
29                    (a) ensure the driver has a driver's licence that
30                          authorises him or her to drive the vehicle; and
31                    (b) ensure the driver has been instructed to obey
32                          the law when driving the vehicle.

                                                                         page 21
     Road Traffic Amendment Bill 2010



     s. 10



1            (4C)    For the purposes of subsection (2)(gd) none of these
2                    factors by itself means manifest injustice or manifest
3                    unfairness will be suffered by a person --
4                      (a) if the offence in respect of which the vehicle
5                            was impounded was an impounding offence
6                            (driver's licence), the fact that a person
7                            responsible for the vehicle concerned had no
8                            grounds to suspect the alleged offender was not
9                            authorised to drive the vehicle at the time of the
10                           offence;
11                     (b) the fact that, although a responsible person for
12                           the vehicle expressly or impliedly authorised
13                           the person who allegedly committed the
14                           offence in respect of which the vehicle was
15                           impounded (the alleged offender) to drive the
16                           vehicle, the responsible person had no grounds
17                           to suspect the alleged offender would drive in a
18                           manner that contravened this Act.
19             (4)   A member of the Police Force or a senior police officer
20                   may require a person seeking the release of an
21                   impounded vehicle to provide information to him or
22                   her for the purposes of this section in a statutory
23                   declaration.
24             (5)   Circumstances that may be prescribed by regulations
25                   made for the purposes of subsection (2)(g) are not
26                   limited by the circumstances described in the other
27                   paragraphs of subsection (2).
28




     page 22
                                             Road Traffic Amendment Bill 2010



                                                                         s. 11



1    11.    Section 79E amended
2           In section 79E:
3             (a) after "impounding the vehicle" insert:
4

5                   and any substitute vehicle impounded under
6                   section 79BCB and any alternative vehicle impounded
7                   under section 79BCE
8

9             (b)    delete "vehicle." and insert:
10

11                   vehicle or vehicles.
12


13   12.    Section 80IB amended
14          After section 80IB(1) insert:
15

16         (2A)     If the vehicle impounded under Subdivision 2 is a
17                  substitute vehicle impounded under section 79BCB, the
18                  expenses referred to in subsection (1) are both the
19                  expenses incurred in impounding the substitute vehicle
20                  and any unpaid expenses incurred in impounding the
21                  initially impounded vehicle (as defined in
22                  section 79BCA(1)).
23


24   13.    Section 80I amended
25          After section 80I(1) insert:
26

27         (2A)     If the vehicle impounded under Subdivision 2 is a
28                  substitute vehicle impounded under section 79BCB, the
29                  expenses referred to in subsection (1) are both the
30                  expenses incurred in storing the substitute vehicle and



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    Road Traffic Amendment Bill 2010



    s. 13



1                 any unpaid expenses incurred in storing the initially
2                 impounded vehicle (as defined in section 79BCA(1)).
3


4




 


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