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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia LEGISLATIVE ASSEMBLY Road Traffic Amendment (Vehicle Licensing) Bill 2000 A Bill for An Act to -- • amend the Road Traffic Act 1974; and • consequentially amend various other Acts, and for related purposes. The Parliament of Western Australia enacts as follows: page 1 148--1 Road Traffic Amendment (Vehicle Licensing) Bill 2000 Part 1 Preliminary s. 1 Part 1 -- Preliminary 1. Short title This Act may be cited as the Road Traffic Amendment (Vehicle Licensing) Act 2000. 5 2. Commencement (1) This Act comes into operation on a day fixed by proclamation. (2) The day fixed under subsection (1) cannot be before the day on which the Road Traffic Amendment Act 2000 comes into operation. page 2 Road Traffic Amendment (Vehicle Licensing) Bill 2000 Road Traffic Act 1974 amended Part 2 s. 3 Part 2 -- Road Traffic Act 1974 amended 3. The Act amended The amendments in this Part are to the Road Traffic Act 1974*. [* Reprinted as at 17 September 1999. 5 For subsequent amendments see 1999 Index to Legislation of Western Australia, Table 1, p. 219.] 4. Section 5 amended Section 5(1) is amended as follows: (a) by deleting the definition of "agricultural implement"; 10 (b) in the definition of "licensing provisions of this Act", by deleting "and the First and Second Schedules" in paragraph (a); (c) by deleting the definition of "vehicle licence fee" and inserting instead -- 15 " "vehicle licence charge" means the charge payable under section 19(3); ". 5. Section 8 amended 20 Section 8(5) is amended by deleting "issue or". 6. Section 15 amended (1) Section 15(1) is repealed and the following subsection is inserted instead -- " 25 (1) A vehicle licence is required for a vehicle prescribed in the regulations. ". (2) Section 15(2) and (2a) are repealed. page 3 Road Traffic Amendment (Vehicle Licensing) Bill 2000 Part 2 Road Traffic Act 1974 amended s. 7 (3) Section 15(3) is amended as follows: (a) by deleting "or issued" in both places where it occurs; (b) by deleting paragraph (a) and inserting instead -- " 5 (a) if the regulations provide that when a vehicle licence is renewed on an application made within a prescribed period after the expiry of the licence the renewal is to be regarded as having taken effect immediately after the 10 licence expired, this subsection does not apply to the use of the vehicle within that prescribed period; ". (4) Section 15(4) is amended as follows: 15 (a) by deleting "fees" and inserting instead -- " charges "; (b) by deleting ", except where the licence for the vehicle has, prior to the conviction being recorded, been renewed under section 18(5)". 20 (5) Section 15(5) is amended by deleting "fees" in both places where it occurs and inserting instead -- " charges ". (6) Section 15(6) is amended by inserting after "vehicle licence" -- " document ". 25 7. Section 16 repealed Section 16 is repealed. 8. Section 17 amended (1) Section 17(1)(b)(i) is amended by inserting after "fee" -- " or charge ". page 4 Road Traffic Amendment (Vehicle Licensing) Bill 2000 Road Traffic Act 1974 amended Part 2 s. 8 (2) After section 17(1) the following subsection is inserted -- " (1a) On the payment of -- (a) a sum ordered under section 24(3) to be paid; or 5 (b) a sum specified under section 102(2a) in a traffic infringement notice, an application for a transfer under subsection (1) is to be taken to have been made, and the payment is to be taken to have been a payment under subsection (1)(b). 10 ". (3) Section 17(2) is amended as follows: (a) by inserting after "shall" -- " , subject to the regulations, "; (b) after paragraph (b) by deleting "and"; 15 (c) after paragraph (c) by deleting the full stop and inserting -- " ; (d) the Director General is satisfied that -- 20 (i) the vehicle is kept primarily in this State; or (ii) the vehicle is not kept primarily in any State or Territory; and 25 (e) the applicant would not be prevented by or under the law of another State or a Territory from holding a licence for, or being registered in respect of, the vehicle. ". page 5 Road Traffic Amendment (Vehicle Licensing) Bill 2000 Part 2 Road Traffic Act 1974 amended s. 9 9. Section 18 replaced Section 18 is repealed and the following section is inserted instead -- " 5 18. Regulations for the grant and renewal of vehicle licences (1) The regulations may provide for the grant or renewal of a vehicle licence by the Director General to the extent that a matter is not provided for in section 17. 10 (2) Without limiting subsection (1), the regulations may -- (a) fix the periods for which a vehicle licence may be granted or renewed; (b) fix the period, whether before or after the expiry of a licence, within which the licence 15 may be renewed; (c) if the regulations enable a licence to be renewed after its expiry, provide that renewal within a specified period after the expiry continues the licence, except that the licence is 20 to be regarded as having been suspended on and from the day of its expiry to the day before the renewal; and (d) provide for 3 or more vehicle licences held by the same person to expire on the same day. 25 ". 10. Section 19 amended (1) Section 19(3) is amended by deleting "fee specified in Part III of the Second Schedule" and inserting instead -- " charge prescribed in the regulations ". page 6 Road Traffic Amendment (Vehicle Licensing) Bill 2000 Road Traffic Act 1974 amended Part 2 s. 11 (2) Section 19(18) is amended by inserting after "fees" in both places where it occurs -- " or charges ". 11. Section 20 amended 5 Section 20(1) is amended as follows: (a) by inserting after "fees" -- " or charges "; (b) by deleting "Bank" and inserting instead -- " bank ". 10 12. Section 22 amended Section 22(1) is amended by deleting "fees received for the issue and renewal of motor vehicle licences, other than recording fees." and inserting instead -- " vehicle licence charges. ". 15 13. Section 23A amended (1) Section 23A is amended as follows: (a) by inserting before "The" the subsection designation "(1)"; (b) by deleting "fee has" and inserting instead -- 20 " fees and charges have ". (2) At the end of section 23A the following subsection is inserted -- " (2) The Director General may, in circumstances described 25 in subsection (1), suspend the licence in respect of a vehicle until the circumstances giving rise to the suspension are remedied. ". page 7 Road Traffic Amendment (Vehicle Licensing) Bill 2000 Part 2 Road Traffic Act 1974 amended s. 14 14. Section 25 amended Section 25(1) is amended by deleting the full stop and inserting instead -- " 5 , or where a licence is cancelled or suspended under section 23A. ". 15. Section 28A amended (1) Section 28A(1) is repealed. 10 (2) Section 28A(2) is amended as follows: (a) by deleting "Where Part III of the Second Schedule is amended or substituted by regulations made under this section, that Part as in force immediately before the commencement day of those regulations" and inserting 15 instead -- " Where regulations made under section 19(3) are amended or replaced, the regulations as in force immediately before the commencement day of the 20 amending or replacing regulations "; (b) in paragraph (b) by deleting "pursuant to section 18 (4)" and inserting instead -- " 25 in accordance with regulations made under section 18 ". (3) Section 28A(3) is amended by deleting "section 36 of the Interpretation Act 1918" and inserting instead -- 30 " section 41 of the Interpretation Act 1984 ". page 8 Road Traffic Amendment (Vehicle Licensing) Bill 2000 Road Traffic Act 1974 amended Part 2 s. 16 16. Section 31 amended Section 31 is amended by deleting "issues" and inserting instead -- " grants ". 5 17. Section 35 amended Section 35 is amended by deleting "issue,". 18. Section 48C amended Section 48C(1)(a) is amended by deleting "issued". 19. Section 49 amended 10 Section 49(4) is repealed and the following subsection is inserted instead -- " (4) Regulations may except a prescribed vehicle from the application of subsection (1) when it is being driven by 15 a person with a physical disability. ". 20. Section 75 amended Section 75(2) is amended by deleting "of its issue." and inserting instead -- 20 " it was granted. ". 21. Section 100 amended Section 100(2) is amended by deleting "the issue of a renewal of the licence or of a registration label" and inserting instead -- " 25 the renewal of the licence or the issue of a registration label ". page 9 Road Traffic Amendment (Vehicle Licensing) Bill 2000 Part 2 Road Traffic Act 1974 amended s. 22 22. First and Second Schedules repealed The First and Second Schedules are repealed. 23. Various references to "issue" changed to "grant" (1) The Act is amended by deleting "issue" in each place where it 5 occurs that is specified in the Table to this subsection and inserting instead -- " grant ". Table s. 15(4) s. 43(1)(d) (2 places) s. 17(1) (2 places) s. 44(1) s. 17(2) s. 47(1) s. 17(4) s. 47(2) s. 17(6) s. 48(1) s. 20(1) (2 places) s. 48(3)(a) s. 22(4) s. 48(5) s. 25(1) s. 48(10)(a) s. 26(1) s. 48C(1) s. 26(3)(a) s. 48C(1a) s. 27(1) (first and third places) s. 48C(2) s. 29(1) s. 49(2)(a)(i) s. 42(2) s. 76(1) s. 42(7) (2 places) s. 76(3) s. 42(8) s. 76(3a) s. 42B(1) s. 76(5)(a) s. 42B(2) s. 111(2)(i) page 10 Road Traffic Amendment (Vehicle Licensing) Bill 2000 Road Traffic Act 1974 amended Part 2 s. 23 (2) The Act is amended by deleting "issued" in each place where it occurs that is specified in the Table to this subsection and inserting instead -- " granted ". 5 Table s. 5(1) (definition of "driver's licence") s. 45(4) (2 places) s. 5(1) (definition of "unrestricted licence") s. 46(1)(a) s. 8(2) (2 places) s. 48(6)(a) s. 8(5) s. 48(8) (2 places) s. 19(17) (3 places) s. 48A(1) s. 19(18) (3 places) s. 48C(2) s. 20(2) s. 48C(3) s. 20(3) s. 48C(4) s. 24(4) s. 48D(1) (2 places) s. 24B(3)(c) s. 48E(1)(b) s. 26(3)(a) s. 49(2)(b) (2 places) s. 26(4) s. 50 s. 26(5)(b) s. 51(1) s. 27(1) s. 51(3) s. 27(2) s. 51(3a) s. 27A(2) s. 51(5)(b) (2 places) s. 28(b) s. 64A(3)(b) s. 28(c) s. 75(2) s. 32 s. 75(2c)(a) s. 33 (2 places) s. 76(3) s. 36 (2 places) s. 76(5)(a)(i) s. 37 (2 places) s. 76(6) s. 38(1) s. 76(7)(a) s. 38(2) (first place) s. 76(7)(b) s. 42(7)(b) s. 76(8)(a) s. 45(1) (4 places) s. 76(8)(b) s. 45(1a) s. 77(1) s. 45(3) s. 77(1)(b) page 11 Road Traffic Amendment (Vehicle Licensing) Bill 2000 Part 2 Road Traffic Act 1974 amended s. 24 (3) The Act is amended by deleting "issued with" in each place where it occurs that is specified in the Table to this subsection and inserting instead -- " granted ". 5 Table s. 31 s. 43(1)(b) s. 34 (4) The Act is amended by deleting "of issue" in each place where it occurs that is specified in the Table to this subsection and inserting instead -- " it is granted ". 10 Table s. 45(1a) s. 48C(3) s. 46(1)(a) 24. Various references to "fee" changed to "charge" The Act is amended by deleting "fee" in each place where it occurs that is specified in the Table to this subsection and inserting instead -- 15 " charge ". Table s. 19(17) (7 places) s. 34 (2 places) s. 24(1)(b) (2 places) s. 37 (3 places) s. 31 s. 38(1) s. 33 (2 places) page 12 Road Traffic Amendment (Vehicle Licensing) Bill 2000 Consequential amendments Part 3 Chattel Securities Act 1987 amended Division 1 s. 25 Part 3 -- Consequential amendments Division 1 -- Chattel Securities Act 1987 amended 25. The Act amended The amendments in this Division are to the Chattel Securities 5 Act 1987*. [*Act No. 101 of 1987. For subsequent amendments see 1999 Index to Legislation of Western Australia, Table 1, p. 34.] 26. Section 3 amended 10 Section 3(1) is amended by inserting after the definition of "supply" the following definition -- " "trailer" means a vehicle that is built to be towed, or is towed, by a motor vehicle, whether by attachment 15 to the motor vehicle directly or to another trailer towed by the motor vehicle, but does not include a motor vehicle that is being towed; ". 27. Section 7 amended 20 (1) Section 7(5)(b) is amended by deleting ", caravan or semi-trailer described in the First Schedule to that Act, being a motor vehicle, trailer, caravan or semi-trailer". (2) Section 7(6)(d) is amended by deleting ", caravan or semi-trailer described in the First Schedule to that Act, being a motor 25 vehicle, trailer, caravan or semi-trailer". page 13 Road Traffic Amendment (Vehicle Licensing) Bill 2000 Part 3 Consequential amendments Division 2 Control of Vehicles (Off-road areas) Act 1978 amended s. 28 28. Section 13 amended Section 13(b) is amended by deleting ", caravans and semi-trailers described in the First Schedule to the Road Traffic Act 1974, being trailers, caravans and semi-trailers". 5 Division 2 -- Control of Vehicles (Off-road areas) Act 1978 amended 29. The Act amended The amendments in this Division are to the Control of Vehicles (Off-road areas) Act 1978*. 10 [* Reprinted as at 5 March 1999. For subsequent amendments see 1999 Index to Legislation of Western Australia, Table 1, pp. 51-2.] 30. Section 3 amended Section 3(1) is amended by deleting the definition of "motor 15 cycle" and inserting instead the following definitions -- " "motor car" has the meaning given by the regulations; "motor cycle" has the meaning given by the regulations; 20 ". 31. Section 9A amended Section 9A(2) is amended by deleting ", as described in the First Schedule to the Road Traffic Act 1974,". 32. Section 9B amended 25 Section 9B(3) is amended by deleting ", as described in the First Schedule to the Road Traffic Act 1974,". page 14 Road Traffic Amendment (Vehicle Licensing) Bill 2000 Consequential amendments Part 3 Local Government Act 1995 amended Division 3 s. 33 Division 3 -- Local Government Act 1995 amended 33. Section 3.38 amended Section 3.38 of the Local Government Act 1995* is amended by deleting the definition of "vehicle" and inserting the following 5 definition -- " "vehicle" means a vehicle for which a vehicle licence is required under the Road Traffic Act 1974 if the vehicle is to be used on a road. 10 ". [* Reprinted as at 18 February 2000.] Division 4 -- Stamp Act 1921 amended 34. Section 76CB amended Section 76CB(1) of the Stamp Act 1921* is amended by 15 deleting the definitions of "eligible vehicle" and "specialized equipment" and inserting instead the following definitions -- " "eligible vehicle" has the meaning given by the regulations; 20 "specialised equipment" has the meaning given by the regulations; ". [* Reprinted as at 22 October 1999. For subsequent amendments see 1999 Index to Legislation of 25 Western Australia, Table 1, pp. 236-7 and Act No. 6 of 2000.]
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