Western Australian Current Acts Western Australian Current Acts (1) In any proceedings
for an offence against this Act —
(a) an
averment in the prosecution notice that —
(i)
any place at which a vehicle is alleged to have been
driven or used is, or is not, as the averment may specify, within a permitted
area or within a prohibited area; or
(ii)
a vehicle was not licensed under the
Road Traffic (Vehicles) Act 2012 ; or
(iii)
a vehicle was not registered under this Act,
shall be deemed to be
proved in the absence of proof to the contrary; and
(b) the
onus of proving that —
(i)
any place at which a vehicle was driven or used is
situate on private land, or is within a permitted area; or
(ii)
any vehicle was being used in circumstances where the
provisions of this Act do not apply, or pursuant to and in accordance with any
restrictions, limitations or conditions applicable to a permit or exemption
granted under this Act,
is on the person
alleging that to be the case; and
(c) the
averment on the process that an employee of a local government is authorised
to take the proceedings shall be sufficient proof of that fact and of his
appointment as such an employee unless the contrary is shown.
(2) Where by way of
defence to any prosecution for an offence under this Act it is alleged that
any vehicle was driven or used or was intended to be driven or used on private
land by consent that defence shall not be taken to have been established
unless —
(a) it
is shown that the land in question was —
(i)
land (not being land comprised in a reserve under Part 4
of the Land Administration Act 1997 , whether or not vested in or leased to
any person or body under that Act) which is alienated from the Crown for any
estate or interest; or
(ii)
land the subject of any conditional purchase agreement or
of any lease from the Crown; or
(iii)
land comprised in a reserve under any Act and leased for
any purpose; or
(iv)
other land, in respect of which a right of occupation or
use is held by any person or body not being a right conferred principally for
mining purposes,
and that the vehicle
was driven or used in that place at the material time with the specific prior
consent of a lawful occupier or the owner of that land; or
(b) the
Court is otherwise satisfied that the vehicle was lawfully in a place the
property or use of which is vested in a person or body who or which consented
to the vehicle being there, not being land of the kind referred to in
paragraph (a).
[Section 39 amended: No. 14 of 1996 s. 4; No. 31
of 1997 s. 17; No. 84 of 2004 s. 80; No. 8 of 2012 s. 69.]