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Western Australia
Road Traffic Amendment (Hoons) Bill 2009
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Road Traffic Act 1974
amended
3. Act amended 3
4. Section 23A amended 3
5. Section 60 amended 3
6. Section 61 amended 4
7. Section 78A amended 4
8. Section 78C amended 5
9. Section 78D amended 7
10. Section 78E amended 7
11. Section 79 amended 8
12. Section 79A replaced 10
79A. Impounding of vehicle for impounding
offence (driver's licence) 10
79BA. Notice to surrender vehicle for
impoundment 10
79BB. Consequences of surrender notice 12
79BC. Effect of resolving pending charge in
favour of driver 13
79BD. Suspension of vehicle licence at request
of Commissioner 15
13. Section 79B amended 16
14. Section 79C amended 17
15. Section 79D amended 20
16. Section 79E replaced 20
79E. Liability for expenses of police impounding 20
17. Section 80 deleted 21
063--3 page i
Road Traffic Amendment (Hoons) Bill 2009
Contents
18. Section 80E amended 21
19. Section 80FA amended 21
20. Section 80G amended 21
21. Section 80IA amended 23
22. Section 80IB amended 23
23. Section 80I amended 23
24A. Section 80JA inserted 23
80JA. Commissioner may sell vehicle
impounded under s. 79A at any time with
consent of owner etc. 23
24. Section 80J amended 26
25A Section 80K amended 27
25. Section 80LA inserted 28
80LA. Liability for unrecovered expenses of
selling uncollected vehicle 28
Part 3 -- Road Safety Council
Act 2002 amended
26. Act amended 29
27. Section 12 amended 29
page ii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Road Traffic Amendment (Hoons) Bill 2009
A Bill for
An Act to amend the Road Traffic Act 1974 and, in consequence, to
amend the Road Safety Council Act 2002.
The Parliament of Western Australia enacts as follows:
page 1
Road Traffic Amendment (Hoons) Bill 2009
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Road Traffic Amendment (Hoons) Act 2009.
4 2. Commencement
5 (1) This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation,
9 and different days may be fixed for different provisions.
10 (2) A day fixed under subsection (1)(b) cannot be before the Road
11 Traffic Amendment Act 2008 sections 5(a) and 8 have both
12 come into operation even if this Act receives the Royal Assent
13 before those provisions of that Act have both come into
14 operation.
page 2
Road Traffic Amendment (Hoons) Bill 2009
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 23A amended
5 After section 23A(2) insert:
6
7 (3) If requested under section 79BD to do so, the Director
8 General must, in accordance with the request --
9 (a) suspend the licence in respect of a vehicle; or
10 (b) revoke the suspension of the licence in respect
11 of a vehicle.
12
13 Note: The heading to amended section 23A is to read:
14 Cancellation or suspension of vehicle licence in certain
15 circumstances
16 5. Section 60 amended
17 (1) After section 60(1c) insert:
18
19 (1D) A member of the Police Force who reasonably suspects
20 that a person has committed an offence against this
21 section may, without a warrant, arrest the person.
22
23 (2) In section 60(2) delete "section 61 or 62." and insert:
24
25 section 61 or 62 or, if the charge is of an offence
26 against subsection (1), an offence against section 62A.
27
page 3
Road Traffic Amendment (Hoons) Bill 2009
Part 2 Road Traffic Act 1974 amended
s. 6
1 6. Section 61 amended
2 In section 61(2) delete "section 62." and insert:
3
4 section 62 or 62A.
5
6 7. Section 78A amended
7 (1) In section 78A delete the definitions of:
8 circumstances of aggravation
9 impounding offence (driver's licence)
10 impounding offence (driving)
11 (2) In section 78A insert in alphabetical order:
12
13 day of the offence means the day on which the relevant
14 offence was committed;
15 impounding offence (driver's licence) means --
16 (a) an offence against section 49(1)(a) that is
17 committed by a person described in
18 section 49(3)(a), (b) or (c); or
19 (b) an offence against section 77(1)(a); or
20 (c) an offence committed before the coming into
21 operation of the Road Traffic Amendment
22 Act 2008 section 5(a) that was an impounding
23 offence (driver's licence) as defined in this
24 section as in force when the offence was
25 committed;
26 impounding offence (driving) means an offence
27 against section 60 or 62A committed after the coming
28 into operation of the Road Traffic Amendment (Hoons)
29 Act 2009 section 7 or an offence committed before the
30 coming into operation of that section that was an
page 4
Road Traffic Amendment (Hoons) Bill 2009
Road Traffic Act 1974 amended Part 2
s. 8
1 impounding offence (driving) as defined in this section
2 as in force when the offence was committed;
3
4 (3) In section 78A in the definition of impounding or confiscation
5 order delete "80(1),".
6 (4) In section 78A in the definition of impounding order delete
7 "80(1),".
8 (5) In section 78A in the definition of impounding period after
9 "vehicle is" insert:
10
11 specified to be
12
13 8. Section 78C amended
14 (1) In section 78C(1) delete "or 79A" and insert:
15
16 or 79A(1)
17
18 (2) After section 78C(1) insert:
19
20 (2A) A member of the Police Force may take possession of a
21 vehicle for the purpose of impounding it by operation
22 of section 79BB(2).
23
24 (3) In section 78C(2) --
25 (a) after "effect to" insert:
26
27 the impounding of a vehicle by operation of
28 section 79BB(2) or
29
page 5
Road Traffic Amendment (Hoons) Bill 2009
Part 2 Road Traffic Act 1974 amended
s. 8
1 (b) delete "a vehicle that is the subject of the order -- " and
2 insert:
3
4 the vehicle concerned --
5
6 (4) In section 78C(3):
7 (a) in paragraph (a) delete "79A; or" and insert:
8
9 79A(1); or
10
11 (b) after paragraph (a) insert:
12
13 (ba) impounded, or to be impounded, by operation
14 of section 79BB(2); or
15
16 (5) Delete section 78C(4) and insert:
17
18 (4) If a member of the Police Force reasonably suspects
19 that the keys to a vehicle referred to in
20 subsection (3)(ba) or (b) are, or the vehicle is, in any
21 premises, the member may, without a warrant, at any
22 time, enter the premises for either or both of the
23 following purposes --
24 (a) seizing the keys;
25 (b) driving, towing or otherwise conveying the
26 vehicle to a place where the vehicle is to be
27 stored.
28
page 6
Road Traffic Amendment (Hoons) Bill 2009
Road Traffic Act 1974 amended Part 2
s. 9
1 9. Section 78D amended
2 In section 78D:
3 (a) in paragraph (a) delete "section 79(1) or 79A or" and
4 insert:
5
6 section 79(1), 79A(1) or 79BB or
7
8 (b) after paragraph (a) insert:
9
10 (ba) the surrender of vehicles under this Division;
11
12 (c) delete paragraph (b) and insert:
13
14 (b) the storage and the release of vehicles that are,
15 or have been, impounded or confiscated under
16 this Division;
17
18 (d) after paragraph (b) insert:
19
20 (ca) the sale or other disposal of vehicles or items
21 under section 80J;
22
23 10. Section 78E amended
24 In section 78E delete "80H or 80K" and insert:
25
26 80H, 80K or 80LA
27
28 Note: The heading to amended section 78E is to read:
29 Recovery of expenses owed to Commissioner
page 7
Road Traffic Amendment (Hoons) Bill 2009
Part 2 Road Traffic Act 1974 amended
s. 11
1 11. Section 79 amended
2 (1) Delete section 79(1) and insert:
3
4 (1A) In this section --
5 previous offender means a person --
6 (a) who has previously been convicted of an
7 impounding offence (driving); or
8 (b) against whom a charge of an impounding
9 offence (driving) is pending;
10 surrender notice has the meaning given in
11 section 79BA.
12 (1) If a member of the Police Force reasonably suspects
13 that, while driving a vehicle, the driver has committed
14 an impounding offence (driving), the member must,
15 unless in the circumstances it is impracticable to do so,
16 impound the vehicle within a period of 28 days after
17 the day of the offence.
18
19 (2) In section 79(2):
20 (a) in paragraph (a) delete "the 7th day" and insert:
21
22 the 28th day
23
24 (b) delete paragraph (b) and insert:
25
26 (b) if, under subsection (3A), the member of the
27 Police Force specifies that the length of the
28 impounding period is to be 3 months, on the
29 last day of the period of 3 months commencing
30 on the day after the day on which the vehicle
31 was impounded;
32
page 8
Road Traffic Amendment (Hoons) Bill 2009
Road Traffic Act 1974 amended Part 2
s. 11
1 (c) in paragraph (c) delete "the 28th day after the day on
2 which the vehicle is" and insert:
3
4 the last day of the period of 3 months
5 commencing on the day after the day on which
6 the vehicle was
7
8 (3) Delete section 79(3) and insert:
9
10 (3A) If, at the time of impounding the vehicle, the member
11 of the Police Force reasonably believes that the driver
12 of the vehicle is a previous offender, the member must
13 specify that the length of the impounding period is to
14 be 3 months.
15 (3B) An impounding period the length of which is specified
16 as 28 days or 3 months under this section, or in a
17 surrender notice for which subsection (1) of this
18 section is the impounding provision, includes the part
19 of the day on which the vehicle is impounded that is
20 after the impounding occurred even though including
21 that part of the day makes the period more than 28 days
22 or 3 months, as the case requires.
23 (3) If the driver of the vehicle is a previous offender but
24 the member of the Police Force does not specify under
25 subsection (3A) that the length of the impounding
26 period is to be 3 months, the Commissioner must, on
27 being satisfied that the driver is a previous offender,
28 extend the impounding period to end on the last day of
29 the period of 3 months commencing on the day after
30 the day on which the vehicle was impounded.
31
page 9
Road Traffic Amendment (Hoons) Bill 2009
Part 2 Road Traffic Act 1974 amended
s. 12
1 12. Section 79A replaced
2 Delete section 79A and insert:
3
4 79A. Impounding of vehicle for impounding offence
5 (driver's licence)
6 (1) If a member of the Police Force reasonably suspects
7 that, while driving a vehicle, the driver has committed
8 an impounding offence (driver's licence), the member
9 must, unless in the circumstances it is impracticable to
10 do so, impound the vehicle within a period of 28 days
11 after the day of the offence.
12 (2) The period for which the vehicle is impounded ends on
13 the 28th day after the day on which the vehicle is
14 impounded.
15 79BA. Notice to surrender vehicle for impoundment
16 (1) This section applies if --
17 (a) a member of the Police Force (the member)
18 suspects that the driver of a vehicle (the
19 vehicle) has committed an offence (the
20 offence); and
21 (b) the member --
22 (i) would have been required by
23 section 79(1) or 79A(1) (the
24 impounding provision) to impound the
25 vehicle if it had been practicable to do
26 so but, because it was impracticable, the
27 vehicle was not impounded; or
28 (ii) is required by section 79(1) or 79A(1)
29 (the impounding provision) to impound
30 the vehicle but by the time the member
31 forms the necessary suspicion the
32 impounding can most conveniently be
page 10
Road Traffic Amendment (Hoons) Bill 2009
Road Traffic Act 1974 amended Part 2
s. 12
1 achieved by giving a notice under this
2 section.
3 (2) If this section applies the member may give to a
4 responsible person for the vehicle, personally or by
5 registered post, a notice in accordance with this section
6 (a surrender notice).
7 (3) The surrender notice cannot be given after the expiry of
8 a period of 28 days from the day of the offence.
9 (4) The surrender notice must contain a statement to the
10 effect that, because the vehicle was used in the
11 commission of the offence, the vehicle is required to be
12 surrendered to the Commissioner for impounding, and
13 the notice must specify --
14 (a) sufficient details of the vehicle to identify it;
15 and
16 (b) the time and place at which the offence is
17 suspected to have been committed; and
18 (c) sufficient other details of the offence to identify
19 the grounds for giving the notice; and
20 (d) if known, the name of the person who was
21 driving the vehicle when the offence is
22 suspected to have been committed; and
23 (e) which of sections 79(1) and 79A(1) is the
24 impounding provision; and
25 (f) if the impounding provision is section 79(1)
26 and the notice is given on the basis that the
27 driver is a previous offender as defined in
28 section 79(1A), sufficient details to explain
29 why the driver is regarded as a previous
30 offender; and
page 11
Road Traffic Amendment (Hoons) Bill 2009
Part 2 Road Traffic Act 1974 amended
s. 12
1 (g) the length of the impounding period, which is
2 to be --
3 (i) if section 79(1) is the impounding
4 provision, either 28 days or 3 months
5 according to which of those periods is
6 the impounding period for which
7 section 79(1) requires the vehicle to be
8 impounded or would require the vehicle
9 to be impounded if it applied; and
10 (ii) if section 79A(1) is the impounding
11 provision, 28 days;
12 and
13 (h) the place at which, and the time of day during
14 which, the vehicle and its keys are required to
15 be surrendered under this Division; and
16 (i) the last day on or before which the vehicle and
17 its keys are required to be surrendered, being
18 the 7th day after the day on which the notice is
19 given.
20 (5) The surrender notice must also include --
21 (a) a statement to the effect that this Division
22 contains law about the notice and the
23 impounding of the vehicle; and
24 (b) a statement as to the effect of section 79BB(5);
25 and
26 (c) a statement to the effect that failure to comply
27 with the notice will result in the vehicle being
28 impounded by operation of section 79BB(2).
29 79BB. Consequences of surrender notice
30 (1) If a responsible person for a vehicle who is given a
31 surrender notice surrenders the vehicle according to the
32 notice, the vehicle is impounded by operation of this
page 12
Road Traffic Amendment (Hoons) Bill 2009
Road Traffic Act 1974 amended Part 2
s. 12
1 subsection for a period that commences at the time
2 when the vehicle is surrendered.
3 (2) If a responsible person for a vehicle who is given a
4 surrender notice fails to surrender the vehicle according
5 to the notice, the vehicle is impounded by operation of
6 this subsection for a period that commences at the time
7 when a member of the Police Force takes possession of
8 the vehicle for the purpose of impounding it.
9 (3) The time when the period for which a vehicle is
10 impounded by operation of subsection (1) or (2)
11 commences is not required to be within a period of
12 28 days after the day of the offence.
13 (4) The period for which a vehicle is impounded by
14 operation of subsection (1) or (2) ends when the
15 impounding period has passed since the end of the day
16 on which the vehicle was impounded.
17 (5) A responsible person for a vehicle who has been given
18 a surrender notice relating to the vehicle commits an
19 offence and is liable to a fine of 50 PU if, when the
20 vehicle has not been impounded by operation of
21 subsection (1) or (2) as a consequence of the notice, the
22 person disposes of an interest that the person has in the
23 vehicle.
24 79BC. Effect of resolving pending charge in favour of
25 driver
26 (1) This section applies if --
27 (a) because of a pending charge of an impounding
28 offence (driving) against a person (the driver),
29 the person has been regarded under this
30 Subdivision as a previous offender as defined in
31 section 79(1A) (a previous offender); and
32 (b) the driver is acquitted of or discharged from the
33 charge; and
page 13
Road Traffic Amendment (Hoons) Bill 2009
Part 2 Road Traffic Act 1974 amended
s. 12
1 (c) the driver would not otherwise have been a
2 previous offender.
3 (2) If the acquittal or discharge occurs when a vehicle has
4 been impounded on the basis that the person is a
5 previous offender but the impounding period that
6 would have applied if the person had not been a
7 previous offender (the shorter impounding period) has
8 not yet elapsed, the impounding period is reduced by
9 this section to the shorter impounding period.
10 (3) If the acquittal or discharge occurs when a vehicle has
11 been impounded on the basis that the person is a
12 previous offender and the impounding period that
13 would have applied if the person had not been a
14 previous offender (the shorter impounding period) has
15 already elapsed but the vehicle is still impounded, the
16 impounding period is reduced by this section to end on
17 the day on which the acquittal or discharge occurs.
18 (4) The Commissioner is to ensure that each person, other
19 than the Director General, to whom a notice of the
20 impounding of the vehicle has been given under
21 section 79B is given a notice of a reduction of the
22 impounding period by this section.
23 (5) Whether the acquittal or discharge occurs while the
24 vehicle is still impounded or not, for calculating a
25 liability under this Division to pay an amount by
26 reference to the expenses incurred by the
27 Commissioner in impounding the vehicle those
28 expenses are limited to expenses that would have been
29 incurred in impounding the vehicle for the shorter
30 impounding period.
31 (6) A person who has already paid under this Division an
32 amount that exceeds the amount calculated according
33 to subsection (5) is entitled to a refund from the
34 Commissioner of the amount of the excess.
page 14
Road Traffic Amendment (Hoons) Bill 2009
Road Traffic Act 1974 amended Part 2
s. 12
1 79BD. Suspension of vehicle licence at request of
2 Commissioner
3 (1) If a responsible person for a vehicle who is given a
4 surrender notice fails to surrender the vehicle according
5 to the notice, the Commissioner may request the
6 Director General to suspend the licence in respect of
7 the vehicle until the vehicle is impounded under this
8 Division or the Commissioner requests the Director
9 General to revoke the suspension.
10 (2) The Commissioner is required, on being satisfied that a
11 circumstance described in section 79D(2)(a), (b) or (c)
12 exists, to request the Director General to revoke the
13 suspension and may, if for any other reason the
14 Commissioner considers it appropriate to do so, request
15 the Director General to revoke the suspension.
16 (3) While the licence in respect of a vehicle is suspended
17 according to a request under this section --
18 (a) the licence is of no effect; and
19 (b) an application to renew the licence cannot be
20 granted, even if the application was made
21 before the licence was suspended.
22 (4) The suspension does not extend the period for which
23 the licence may be valid or effective beyond the
24 expiration of the period for which the licence was
25 expressed to be granted or renewed.
26
page 15
Road Traffic Amendment (Hoons) Bill 2009
Part 2 Road Traffic Act 1974 amended
s. 13
1 13. Section 79B amended
2 (1) Delete section 79B(1) and insert:
3
4 (1) The Commissioner is to ensure that, as soon as
5 practicable after a vehicle is impounded under
6 section 79(1), 79A(1) or 79BB, notice of the
7 impounding is given to --
8 (a) each responsible person; and
9 (b) if the driver is not a responsible person, the
10 driver; and
11 (c) if the licence in respect of the vehicle is for the
12 time being suspended under section 79BD, the
13 Director General.
14
15 (2) In section 79B(2):
16 (a) delete paragraph (ca) and "and" after it and insert:
17
18 (ca) if under section 79(3A) the length of the
19 impounding period is specified to be 3 months,
20 the charge or previous conviction because of
21 which the driver was a previous offender as
22 defined in section 79(1A); and
23 (cb) the vehicle sufficient to identify it; and
24 (cc) the time and place at which the offence, in the
25 commission of which the vehicle was used, is
26 suspected to have been committed; and
27 (cd) the offence sufficient to identify the grounds on
28 which the vehicle was impounded; and
29 (ce) if known, the person who was driving the
30 vehicle when the offence is suspected to have
31 been committed; and
page 16
Road Traffic Amendment (Hoons) Bill 2009
Road Traffic Act 1974 amended Part 2
s. 14
1 (cf) the length of the impounding period, which is
2 to be --
3 (i) if section 79(1) is the impounding
4 provision, either 28 days or 3 months
5 according to which of those periods is
6 the impounding period for which
7 section 79(1) requires the vehicle to be
8 impounded or would require the vehicle
9 to be impounded if it applied; and
10 (ii) if section 79A(1) is the impounding
11 provision, 28 days;
12 and
13 (cg) the grounds on which the vehicle may be
14 released under section 79D; and
15
16 (b) in paragraph (d) delete "80,".
17 (3) In section 79B(4):
18 (a) in paragraph (c) before "previous conviction" insert:
19
20 charge or
21
22 (b) in paragraph (d) delete "80,".
23
24 14. Section 79C amended
25 (1) In section 79C(1):
26 (a) delete "79A is to" and insert:
27
28 79A(1) or gives a surrender notice under section 79BA
29 is to
30
page 17
Road Traffic Amendment (Hoons) Bill 2009
Part 2 Road Traffic Act 1974 amended
s. 14
1 (b) delete "impounded, of --" and insert:
2
3 impounded or the notice is given, as the case requires,
4 of --
5
6 (c) in paragraph (a) delete "section 79(1)(a) and (b)
7 or 79A(a) and (b)," and insert:
8
9 section 79(1) or 79A(1),
10
11 (d) delete paragraph (b) and insert:
12
13 (b) if the member specified that the length of the
14 impounding period was to be 3 months, the
15 charge or previous conviction because of which
16 the driver of the vehicle was a previous
17 offender as defined in section 79(1A).
18
19 (2) In section 79C(2):
20 (a) delete "informed by a member of the Police Force of a
21 vehicle impoundment pursuant to subsection (1)" and
22 insert:
23
24 informed under subsection (1) by a member of the
25 Police Force of a vehicle impoundment or the giving of
26 a surrender notice
27
28 (b) in paragraph (a) delete "section 79(1)(a) and (b) or
29 79A(a) and (b)," and insert:
30
31 section 79(1) or 79A(1),
32
page 18
Road Traffic Amendment (Hoons) Bill 2009
Road Traffic Act 1974 amended Part 2
s. 14
1 (c) delete paragraph (b) and insert:
2
3 (b) if the member specified that the length of the
4 impounding period was to be 3 months, that
5 there are reasonable grounds for believing that
6 the driver of the vehicle is a previous offender
7 as defined in section 79(1A).
8
9 (3) Delete section 79C(3) and insert:
10
11 (3) If a senior police officer is not satisfied as required by
12 subsection (2)(a) --
13 (a) if the vehicle has been impounded, the senior
14 police officer and the member of the Police
15 Force are to take measures to ensure that the
16 vehicle is released from impoundment and
17 returned to a responsible person, or if no
18 responsible person is available, to the driver of
19 the vehicle;
20 (b) if a surrender notice has been given but the
21 vehicle has not yet been surrendered, the senior
22 police officer is to cancel the notice and
23 immediately notify the person to whom the
24 notice was given that the notice has been
25 cancelled.
26
27 (4) In section 79C(4):
28 (a) delete "the 7th day" and insert:
29
30 the 28th day
31
page 19
Road Traffic Amendment (Hoons) Bill 2009
Part 2 Road Traffic Act 1974 amended
s. 15
1 (b) delete "the impounding." and insert:
2
3 the impounding and, if the vehicle has not yet been
4 impounded, to the person who was given the surrender
5 notice.
6
7 15. Section 79D amended
8 In section 79D(1) in the definition of impounded vehicle delete
9 "section 79(1) or 79A." and insert:
10
11 section 79(1), 79A(1) or 79BB.
12
13 16. Section 79E replaced
14 Delete section 79E and insert:
15
16 79E. Liability for expenses of police impounding
17 If a vehicle is impounded under this Subdivision and a
18 person is convicted of the offence for which the vehicle
19 was impounded, that person is liable to pay to the
20 Commissioner an amount specified by the
21 Commissioner as being equivalent to all expenses
22 reasonably incurred by the Commissioner in
23 impounding the vehicle less --
24 (a) any amount received by the Commissioner
25 under section 80IB(1); and
26 (b) any amount received by the Commissioner
27 under section 80JA(8)(b),
28 in relation to impounding the vehicle.
29
page 20
Road Traffic Amendment (Hoons) Bill 2009
Road Traffic Act 1974 amended Part 2
s. 17
1 17. Section 80 deleted
2 Delete section 80.
3 18. Section 80E amended
4 In section 80E(1) delete "80(1) or".
5 Note: The heading to amended section 80E is to read:
6 Court not to confiscate vehicle that was stolen, hired or lent
7 19. Section 80FA amended
8 In section 80FA(1) delete "80A(1),".
9 Note: The heading to amended section 80FA is to read:
10 Cases when court may order impounding instead of confiscation
11 20. Section 80G amended
12 (1) In section 80G(1) insert in alphabetical order:
13
14 Commissioner includes a person for the time being
15 authorised by the Commissioner in writing to perform
16 functions of the Commissioner under this section;
17
18 (2) In section 80G(1) in the definition of order delete "80(1),".
19 (3) In section 80G(2)(b)(ii) delete "brought" and insert:
20
21 commenced
22
23 (4) In section 80G(4) delete "A court is not to make an order unless
24 it has given" and insert:
25
26 Before a court makes an order it has to give
27
page 21
Road Traffic Amendment (Hoons) Bill 2009
Part 2 Road Traffic Act 1974 amended
s. 20
1 (5) In section 80G(5) after "for an order" insert:
2
3 other than an order under section 80A(1)
4
5 (6) After section 80G(5) insert:
6
7 (6A) The court is required to grant an application for an
8 order that it may make under section 80A(1) unless it is
9 satisfied that the order would cause severe financial or
10 physical hardship to a person, other than the driver of
11 the vehicle, who has an interest in the vehicle or is the
12 usual driver of the vehicle.
13
14 (7) In section 80G(6) delete "dispose of any interest that the person
15 has in the vehicle unless a court has made an order approving of
16 the proposed disposal." and insert:
17
18 do a restricted act in respect of the vehicle unless a
19 court has made an order approving of the proposed act.
20
21 (8) After section 80G(6) insert:
22
23 (7A) A person does a restricted act in respect of the vehicle
24 if the person --
25 (a) disposes of any interest that the person has in
26 the vehicle; or
27 (b) does anything, or causes or permits another
28 person to do anything, that results or will result
29 in a reduction in the value of the vehicle.
30
page 22
Road Traffic Amendment (Hoons) Bill 2009
Road Traffic Act 1974 amended Part 2
s. 21
1 21. Section 80IA amended
2 In section 80IA(1) delete "section 79(1) or 79A" and insert:
3
4 Subdivision 2
5
6 22. Section 80IB amended
7 In section 80IB(1) and (5) delete "section 79(1) or 79A" and
8 insert:
9
10 Subdivision 2
11
12 23. Section 80I amended
13 In section 80I(1) delete "section 79(1) or 79A" and insert:
14
15 Subdivision 2
16
17 24A. Section 80JA inserted
18 After section 80I insert:
19 80JA. Commissioner may sell vehicle impounded under s.
20 79A at any time with consent of owner etc.
21 (1) In this section --
22 impounded vehicle means a vehicle that is impounded
23 under section 79A;
24 interest, in relation to a vehicle, means a legal or
25 equitable interest, right or title in or to the ownership or
26 possession of the vehicle.
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Road Traffic Amendment (Hoons) Bill 2009
Part 2 Road Traffic Act 1974 amended
s. 24A
1 (2) If the Commissioner is satisfied that each person who
2 has an interest in an impounded vehicle has, in
3 accordance with subsection (4), consented to the
4 Commissioner doing so, the Commissioner, on behalf
5 of those persons, may sell or otherwise dispose of the
6 vehicle.
7 (3) The Commissioner may sell or otherwise dispose of a
8 vehicle under subsection (2) --
9 (a) even if the impounding period has not elapsed;
10 and
11 (b) even if the Commissioner may sell the vehicle
12 under section 80J; and
13 (c) whether or not a charge of an offence for which
14 the vehicle was impounded has been heard or
15 determined by a court; and
16 (d) whether or not any appeal against the
17 conviction for an offence for which the vehicle
18 was impounded or confiscated has been
19 concluded.
20 (4) The consent of a person who has an interest in an
21 impounded vehicle to the Commissioner selling or
22 otherwise disposing of the vehicle has no effect
23 unless --
24 (a) the person has been informed in accordance
25 with subsection (5); and
26 (b) the consent is in writing and signed by the
27 person; and
28 (c) the consent is given at least 48 hours after the
29 vehicle is impounded.
30 (5) The Commissioner must ensure a person who has an
31 interest in an impounded vehicle is informed --
32 (a) of the effect of this Division in relation to
33 impounding and selling vehicles; and
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Road Traffic Amendment (Hoons) Bill 2009
Road Traffic Act 1974 amended Part 2
s. 24A
1 (b) of the liabilities that this Division imposes on
2 persons for the costs and expenses incurred by
3 the Commissioner.
4 (6) The Commissioner may require a person who has an
5 interest in an impounded vehicle to provide
6 information to the Commissioner for the purposes of
7 this section in a statutory declaration.
8 (7) If the Commissioner sells or otherwise disposes of an
9 impounded vehicle under subsection (2) --
10 (a) the Commissioner must release the vehicle to
11 the buyer; and
12 (b) the buyer obtains a good title to the vehicle if
13 the person acquires it in good faith and without
14 notice of any failure to comply with this section
15 in relation to the sale or disposal; and
16 (c) the proceeds of the sale are to be paid in the
17 order of priority provided by subsection (8).
18 (8) The proceeds of the sale or disposal of a vehicle under
19 subsection (2) are to be paid in the following order of
20 priority --
21 (a) for expenses incurred in selling the vehicle;
22 (b) for the expenses specified by the Commissioner
23 as being equivalent to all expenses reasonably
24 incurred by the Commissioner in impounding
25 the vehicle;
26 (c) if the sale or disposal occurs after the
27 impounding period ends, for expenses (if any)
28 incurred in storing the vehicle after that period
29 ends;
30 (d) the balance --
31 (i) if only one person has an interest in the
32 vehicle, to that person;
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Road Traffic Amendment (Hoons) Bill 2009
Part 2 Road Traffic Act 1974 amended
s. 24
1 (ii) if there are 2 or more persons who each
2 have an interest in the vehicle, to each
3 such person according to the proportion
4 that the value of the person's interest
5 bears to the value of the vehicle.
6 (9) If an impounded vehicle is sold or otherwise disposed
7 of under subsection (2) and --
8 (a) no charge is laid for the offence for which the
9 vehicle was impounded within 3 months after
10 the date of the offence; or
11 (b) the charge for that offence is withdrawn or
12 dismissed for want of prosecution; or
13 (c) the person charged with that offence is
14 acquitted,
15 the Commissioner must pay to the person or persons
16 referred to in subsection (8)(d) in accordance with that
17 paragraph an amount equal to the amounts paid under
18 subsection (8)(a), (b) and (c).
19 24. Section 80J amended
20 (1) In section 80J(1) in the definition of item in paragraph (a) delete
21 "section 79(1) or 79A;" and insert:
22
23 Subdivision 2; or
24
25 (2) In section 80J(1) in the definition of uncollected vehicle delete
26 "section 79(1) or 79A" and insert:
27
28 Subdivision 2
29
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Road Traffic Amendment (Hoons) Bill 2009
Road Traffic Act 1974 amended Part 2
s.
1 (3) After each of section 80J(4)(a) and (b) insert:
2
3 and
4
5 (4) In section 80J(7)(j)(i) delete "the Treasurer of the State for the
6 public uses of the State;" and insert:
7
8 the credit of the Road Trauma Trust
9 Account established in accordance with
10 the Road Safety Council Act 2002
11 section 12;
12
13 25A Section 80K amended
14 (1) At the beginning of section 80K insert:
15
16 (1) If a vehicle is sold under section 80JA(2) but the
17 proceeds of the sale are insufficient to pay the expenses
18 incurred in selling it, the person because of whose
19 conviction the vehicle was impounded is liable to pay
20 to the Commissioner the difference between the
21 amount of those expenses and the proceeds of the sale.
22
23 (2) In section 80K delete "If" and insert:
24
25 (2) If
26
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Road Traffic Amendment (Hoons) Bill 2009
Part 2 Road Traffic Act 1974 amended
s. 25
1 25. Section 80LA inserted
2 After section 80K insert:
3
4 80LA. Liability for unrecovered expenses of selling
5 uncollected vehicle
6 (1) This section applies if a vehicle is sold under
7 section 80J(2) as an uncollected vehicle and a person
8 (the offender) has been convicted of the offence for
9 which the vehicle was impounded.
10 (2) If the proceeds of the sale are insufficient to pay the
11 expenses reasonably incurred to sell the vehicle (the
12 selling expenses), the offender is liable to pay to the
13 Commissioner an amount specified by the
14 Commissioner as being equivalent to the selling
15 expenses that remain to be recovered.
16
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Road Traffic Amendment (Hoons) Bill 2009
Road Safety Council Act 2002 amended Part 3
s. 26
1 Part 3 -- Road Safety Council Act 2002 amended
2 26. Act amended
3 This Part amends the Road Safety Council Act 2002.
4 27. Section 12 amended
5 (1) After section 12(2)(c) insert:
6
7 (da) money that the Road Traffic Act 1974
8 section 80J(7)(j)(i) requires to be paid to the
9 credit of the account; and
10
11 (2) After each of section 12(2)(a) and (b) insert:
12
13 and
14
15
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