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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Road Traffic (Miscellaneous Amendments)
Bill 2012
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Road Traffic Act 1974
amended
3. Act amended 3
4. Section 49AB inserted 3
49AB. Circumstances of aggravation 3
5. Section 53 amended 4
6. Section 59 amended 5
7. Section 59A amended 5
8. Section 59B amended 6
9. Section 60 amended 6
10. Section 61 amended 8
11. Section 61A inserted 9
61A. Reckless or dangerous driving -- defence
for police officers in certain circumstances 9
12. Various references to "member of the Police
Force" amended 9
Part 3 -- Road Traffic
(Administration) Act 2008
amended
13. Act amended 10
14. Section 44 amended 10
319--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Road Traffic (Miscellaneous Amendments)
Bill 2012
A Bill for
An Act to amend --
• the Road Traffic Act 1974; and
• the Road Traffic (Administration) Act 2008.
The Parliament of Western Australia enacts as follows:
page 1
Road Traffic (Miscellaneous Amendments) Bill 2012
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Road Traffic (Miscellaneous Amendments) Act 2012.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) Part 1 -- on the day on which this Act receives the
7 Royal Assent (assent day);
8 (b) Part 2, other than section 12 -- on the day after assent
9 day;
10 (c) section 12 and Part 3 --
11 (i) if the Road Traffic (Administration) Act 2008
12 section 44 (section 44) comes into operation on
13 or before assent day -- on the day after assent
14 day; or
15 (ii) otherwise -- when section 44 comes into
16 operation.
page 2
Road Traffic (Miscellaneous Amendments) Bill 2012
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 49AB inserted
5 At the beginning of Part V Division 1 insert:
6
7 49AB. Circumstances of aggravation
8 (1) For the purposes of this Division, a person commits an
9 offence in circumstances of aggravation if at the time
10 of the alleged offence --
11 (a) the person was unlawfully driving the vehicle
12 concerned without the consent of the owner or
13 person in charge of the vehicle; or
14 (b) the person was driving the vehicle concerned
15 on a road at a speed that exceeded the speed
16 limit applicable to the vehicle, or the length of
17 road where the driving occurred, by 45 km/h or
18 more; or
19 (c) the person was driving the vehicle concerned to
20 escape pursuit by a member of the Police Force.
21 (2) For the purposes of subsection (1)(c) it does not matter
22 whether the pursuit was proceeding, or had been
23 suspended or terminated, at the time of the alleged
24 offence.
25
page 3
Road Traffic (Miscellaneous Amendments) Bill 2012
Part 2 Road Traffic Act 1974 amended
s. 5
1 5. Section 53 amended
2 Delete section 53(1) and insert:
3
4 (1) A driver of a vehicle who when required by a member
5 of the Police Force to state his or her name and place of
6 abode refuses to do so, or states a false name or place
7 of abode, commits an offence.
8 Penalty:
9 (a) for a first offence -- a fine of 6 PU;
10 (b) for a subsequent offence -- a fine of 12 PU.
11 (2A) A driver of a vehicle who refuses or fails to stop his or
12 her vehicle when called upon to do so by a member of
13 the Police Force commits an offence.
14 Penalty:
15 (a) unless paragraph (b) applies --
16 (i) for a first offence -- a fine of 24 PU;
17 (ii) for a subsequent offence -- a fine of
18 48 PU;
19 (b) if the offence is committed in the
20 circumstance of aggravation referred to in
21 section 49AB(1)(c) -- imprisonment for
22 2 years, but the minimum penalty is a fine of
23 100 PU; and, in any event, the court
24 convicting the person must order that the
25 offender is disqualified from holding or
26 obtaining a driver's licence for a period of
27 not less than 2 years.
28
page 4
Road Traffic (Miscellaneous Amendments) Bill 2012
Road Traffic Act 1974 amended Part 2
s. 6
1 6. Section 59 amended
2 After section 59(3) insert:
3
4 (4A) A court sentencing a person for an offence against this
5 section committed in the circumstance of aggravation
6 referred to in section 49AB(1)(c) must --
7 (a) sentence the person to a term of imprisonment
8 of at least 12 months; and
9 (b) not suspend the term of imprisonment.
10 (4B) Subsection (4A) applies whether the person was
11 convicted on indictment or summarily and despite the
12 Sentencing Act 1995 Part 5.
13
14 7. Section 59A amended
15 (1) In section 59A(3):
16 (a) in paragraph (a) delete "80" and insert:
17
18 180
19
20 (b) in paragraph (b) delete "160" and insert:
21
22 360
23
24 (2) In section 59A(3a):
25 (a) delete "7" and insert:
26
27 10
28
page 5
Road Traffic (Miscellaneous Amendments) Bill 2012
Part 2 Road Traffic Act 1974 amended
s. 8
1 (b) in the Summary conviction penalty delete "18 months or
2 a fine of 160" and insert:
3
4 3 years or a fine of 720
5
6 (3) After section 59A(3a) insert:
7
8 (4A) A court sentencing a person for an offence against this
9 section committed in the circumstance of aggravation
10 referred to in section 49AB(1)(c) must --
11 (a) sentence the person to a term of imprisonment
12 of at least 6 months; and
13 (b) not suspend the term of imprisonment.
14 (4B) Subsection (4A) applies whether the person was
15 convicted on indictment or summarily and despite the
16 Sentencing Act 1995 Part 5.
17
18 8. Section 59B amended
19 Delete section 59B(3) and (4).
20 9. Section 60 amended
21 (1) Delete section 60(1c)(a)(i) and insert:
22
23 (i) the driver is on official duty as a
24 member of the Police Force and the
25 driving is substantially in accordance
26 with the Commissioner's policies and
27 guidelines relating to driving, applicable
28 at the time of the driving, and any
29 direction given under such a policy or
30 guideline; or
31
page 6
Road Traffic (Miscellaneous Amendments) Bill 2012
Road Traffic Act 1974 amended Part 2
s. 9
1 (2) In section 60(3):
2 (a) in paragraph (a) delete "40" and insert:
3
4 120
5
6 (b) in paragraph (b) delete "60" and insert:
7
8 180
9
10 (c) in paragraph (c) delete "80" and insert:
11
12 240
13
14 (3) After section 60(3) insert:
15
16 (4) If an offence against this section is committed in the
17 circumstance of aggravation referred to in
18 section 49AB(1)(c), the offence is a crime.
19 Penalty: imprisonment for 5 years.
20 Summary conviction penalty: imprisonment for
21 2 years.
22 (5) A court sentencing a person for an offence against this
23 section committed in the circumstance of aggravation
24 referred to in section 49AB(1)(c) must --
25 (a) sentence the person to a term of imprisonment
26 of at least 6 months; and
27 (b) not suspend the term of imprisonment; and
28 (c) for a first or second offence -- order that the
29 offender is disqualified from holding or
30 obtaining a driver's licence for a period of not
31 less than 2 years; and
page 7
Road Traffic (Miscellaneous Amendments) Bill 2012
Part 2 Road Traffic Act 1974 amended
s. 10
1 (d) for a third or subsequent offence -- order that
2 the offender is permanently disqualified from
3 holding or obtaining a driver's licence.
4 (6) Subsection (5) applies whether the person was
5 convicted on indictment or summarily and despite the
6 Sentencing Act 1995 Part 5.
7 (7) A reference in subsection (5)(c) or (d) to an offence is a
8 reference to an offence against this section whether or
9 not committed in the circumstance of aggravation
10 referred to in section 49AB(1)(c).
11
12 10. Section 61 amended
13 Delete section 61(3)(a) and (b) and insert:
14
15 (a) unless paragraph (b) applies --
16 (i) for a first offence -- to a fine of 60 PU;
17 (ii) for a subsequent offence -- to a fine of
18 120 PU or to imprisonment for
19 9 months; and, in any event, the court
20 convicting the person must order that
21 the offender is disqualified from holding
22 or obtaining a driver's licence for a
23 period of not less than 12 months;
24 (b) if the offence is committed in the circumstance of
25 aggravation referred to in section 49AB(1)(c) -- to
26 a fine of 720 PU or to imprisonment for 3 years;
27 and, in any event, the court convicting the person
28 must order that the offender is disqualified from
29 holding or obtaining a driver's licence for a period
30 of not less than 2 years.
31
page 8
Road Traffic (Miscellaneous Amendments) Bill 2012
Road Traffic Act 1974 amended Part 2
s. 11
1 11. Section 61A inserted
2 After section 61 insert:
3
4 61A. Reckless or dangerous driving -- defence for police
5 officers in certain circumstances
6 (1) It is a defence to a prosecution for an offence against
7 section 59(1)(b), 59A(1)(b), 60(1) or 61(1) if the
8 accused satisfies the court that, at the time of the
9 alleged commission of the offence --
10 (a) the accused was on official duty as a member of
11 the Police Force; and
12 (b) the driving was substantially in accordance
13 with the Commissioner's policies and
14 guidelines relating to driving, applicable at the
15 time of the driving, and any direction given
16 under such a policy or guideline; and
17 (c) having regard to all of the circumstances of the
18 case, it was reasonable, and in the public
19 interest, for the accused to have driven the
20 motor vehicle in the manner that he or she did.
21 (2) Subsection (1) does not affect the application of any
22 other defence the accused may have.
23
24 12. Various references to "member of the Police Force"
25 amended
26 In sections 49AB(1)(c), 53(1) and (2A), 60(1c)(a)(i) and
27 61A(1)(a) delete "member of the Police Force" and insert:
28
29 police officer
30
page 9
Road Traffic (Miscellaneous Amendments) Bill 2012
Part 3 Road Traffic (Administration) Act 2008 amended
s. 13
1 Part 3 -- Road Traffic (Administration) Act 2008
2 amended
3 13. Act amended
4 This Part amends the Road Traffic (Administration) Act 2008.
5 14. Section 44 amended
6 In section 44 delete the Penalty and insert:
7
8 Penalty:
9 (a) unless paragraph (b) applies -- a fine of
10 100 PU;
11 (b) if the person was given the direction under
12 section 39 and the person was, at the time the
13 direction was given, driving the vehicle so as
14 to escape pursuit by a police officer --
15 imprisonment for 2 years, but the minimum
16 penalty is a fine of 100 PU; and, in any
17 event, the court convicting the person must
18 order that the offender is disqualified from
19 holding or obtaining a driver's licence for a
20 period of not less than 2 years.
21
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