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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Road Traffic Amendment (Confiscation and
Disposal of Vehicles) Bill 2008
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Amendment to the Road
Traffic Act 1974
3. The Act amended 3
4. Section 78A amended 3
5. Section 79 amended 3
6. Section 79A amended 3
7. Section 80 amended 4
8. Section 80A amended 4
9. Section 80B amended 4
10. Section 80C amended 5
11. Section 80CA amended 5
12. Section 80CB amended 5
13. Section 80CC inserted 5
80CC. Confiscating of vehicles for drink driving
offences 5
14. Section 80J amended 6
268--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by Mr Johnson, MLA)
Road Traffic Amendment (Confiscation and
Disposal of Vehicles) Bill 2008
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 (Confiscation and Disposal of Vehicles) Bill 2008
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Road Traffic Amendment
(Confiscation and Disposal of Vehicles) Act 2008.
5 2. Commencement
This Act comes into operation on the day on which is receives
the Royal Assent.
page 2
Road Traffic Amendment (Confiscation and Disposal of Vehicles) Bill 2008
Amendment to the Road Traffic Act 1974 Part 2
s. 3
Part 2 -- Amendment to the Road Traffic Act 1974
3. The Act amended
The amendments in this Part is to the Road Traffic Act 1974.
4. Section 78A amended
5 Section 78A is amended by --
(1) inserting after the definition of "Commissioner"--
"
"drink driving offence" means any of the
following --
10 (a) an offence against section 63; or
(b) an offence against section 59, 59A, 60 or 61
where the circumstance of aggravation is
driving under the influence of alcohol;
".
15 (2) deleting "48 hours" in the definition of "impounding
period" and inserting instead --
"7 days".
5. Section 79 amended
Section 79 is amended by deleting "48 hours" and inserting
20 instead --
"7 days".
6. Section 79A amended
Section 79A is amended by deleting "48 hours" and inserting
instead --
25 "7 days".
page 3
Road Traffic Amendment (Confiscation and Disposal of Vehicles) Bill 2008
Part 2 Amendment to the Road Traffic Act 1974
s. 7
7. Section 80 amended
Section 80(1) is repealed and the following subsection is
inserted instead --
"
5 (1) A court that convicts a person of an impounding
offence (driving) shall, by order, impound the vehicle
used in the offence for a period of 3 months starting on
the date on which --
(a) the vehicle is surrendered; or
10 (b) under section 78C, the vehicle is conveyed to
the place where it is to be stored.
".
8. Section 80A amended
Section 80A(1) is amended by deleting "may" and inserting
15 instead --
"shall".
9. Section 80B amended
Section 80B(1) is repealed and the following subsection is
inserted instead --
20 "
(1) A court that convicts a person of an impounding
offence (driver's licence) shall, by order, impound the
vehicle used in the offence for a period of 3 months
starting on the date on which --
25 (a) the vehicle is surrendered; or
(b) under section 78C, the vehicle is conveyed to
the place where it is to be stored.
".
page 4
Road Traffic Amendment (Confiscation and Disposal of Vehicles) Bill 2008
Amendment to the Road Traffic Act 1974 Part 2
s. 10
10. Section 80C amended
Section 80C(1) is amended by deleting "may" and inserting
instead --
"shall".
5 11. Section 80CA amended
Section 80CA(1) is repealed and the following subsection is
inserted --
"
(1) A court that convicts a person of a road rage offence
10 shall, by order, impound the vehicle that the offender
was using for a period of 3 months starting on the date
on which --
(a) the vehicle is surrendered; or
(b) under section 78C, the vehicle is conveyed to
15 the place where it is to be stored.
".
12. Section 80CB amended
Section 80CB(1) is amended by deleting "may" and inserting
instead --
20 "shall".
13. Section 80CC inserted
After section 80CB the following section is inserted --
"
80CC. Confiscating of vehicles for drink driving offences
25 If a person whose licence is suspended or cancelled as
a penalty for a drink driving offence, commits an
offence against section 49 of driving without a driver's
page 5
Road Traffic Amendment (Confiscation and Disposal of Vehicles) Bill 2008
Part 2 Amendment to the Road Traffic Act 1974
s. 14
licence the court shall, by order, confiscate the vehicle
used in the offence.
".
14. Section 80J amended
5 (1) Section 80J(1) is amended by --
(a) inserting after the definition of "confiscated vehicle" --
''
"dipose" includes the crushing of a confiscated or
uncollected vehicle or the use of such a vehicle by
10 police in covert operations;
".
(b) inserting after the definition of "item" --
"
"net proceeds of sale" means any sum by which the
15 proceeds of sale exceed the aggregate of such
sums as may be payable under subsection (7) in
respect to the impoundment and confiscation of
the vehicle;
".
20 (2) After section 80J(6) the following subsection is inserted --
''
(6A) Where the Commissioner disposes of a vehicle by
means of sale, the Commissioner shall pay the net
proceeds of the sale to any person who, before the end
25 of the period of 12 months beginning with the date on
which the vehicle is sold, satisfies the Commissioner
that at the time of the sale he was the owner of the
vehicle.
".
page 6
Road Traffic Amendment (Confiscation and Disposal of Vehicles) Bill 2008
Amendment to the Road Traffic Act 1974 Part 2
s. 14
(3) Section 80J(7)(j)(i) is amended by deleting "to the Treasurer of
the State for the public uses of the State" and inserting
instead --
"to the credit of the Road Trauma Trust Fund
5 established in accordance with the Road Safety Council
Act 2002 section 12".
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