Western Australian Current Acts Western Australian Current Acts (1) The driving or use
of a vehicle in circumstances that would otherwise be contrary to the
provisions of section 6(1) or (2) is permitted —
(a)
where the vehicle is used or intended to be used for the conveyance of an
incapacitated person and is designed for use solely for that purpose; or
(b) for
purposes connected with the prevention, control, or extinguishing of fires, or
for or in relation to the saving of life or the alleviation of injury or
illness; or
(c) by
an authorised person in the course of his duty; or
(d) by
the holder of a permit relevant to the place and circumstances granted under
subsection (4) or deemed to have been granted under subsection (5) in
accordance with the terms of that permit; or
(e)
where the vehicle is being used for the lawful purposes of a public authority.
(1a) The driving or
use of or travelling as a passenger in a vehicle in circumstances that would
otherwise be contrary to the provisions of section 9A, 9B or 9C is permitted
for purposes connected with the prevention, control or extinguishing of fires
or for or in relation to the saving of life or the alleviation of injury or
illness.
(2) The driving or use
of or travelling as a passenger in a vehicle in circumstances that would
otherwise be contrary to section 6(1), 9A, 9B or 9C is permitted when that
vehicle is being used for or in connection with primary production, the
development of any mining tenement, bona fide prospecting, construction
works, or for road making or road maintenance, and not for any other purpose.
(3) In any prosecution
for an offence against this Act the onus of proving that a vehicle was being
used for any of the purposes referred to in subsection (1) or subsection (2)
lies on the person alleging that the vehicle was being so used.
(4) The Minister may,
in writing, grant to any person or body a permit authorising the driving or
use of or travelling as a passenger in a vehicle in circumstances that would
otherwise have been contrary to section 6(1) or (2), 9A, 9B or 9C either
generally or subject to such restrictions, limitations or conditions as he may
determine and as are specified therein, and may by subsequent notice in
writing vary or cancel any such permit.
(5) The Minister may,
by notice published in the Government Gazette , declare that the provisions of
section 6(1) do not apply to or in relation to the persons or classes of
persons or kinds of vehicle specified therein, and thereupon the driving or
use of a vehicle by such a person or the driving and use of such a vehicle in
circumstances that would otherwise have been contrary to the provisions of
that subsection shall be deemed to have been permitted pursuant to this
subsection either generally or subject to such restrictions, limitations or
conditions as are specified in that notice, and the Minister may by a
subsequent notice vary or cancel any such notice.
(6) Regulations made
under this Act may make provision, either generally or in relation to
specified classes of case, with respect to the application for and grant of
permits under this section, and may make differing provisions therefor,
including varying scales of charges.
[Section 8 amended: No. 12 of 1985 s. 4; No. 16 of
2019 s. 104.]