Western Australian Current Acts Western Australian Current Acts (1) In this section
and sections 12 and 13, unless the contrary intention appears —
corresponding law means a law of another State or
a Territory or the Commonwealth that is prescribed by the regulations made
under this Act to be a law that corresponds with the Road Traffic (Vehicles)
Act 2012 or the Control of Vehicles (Off-road Areas) Act 1978 ;
current licence holder of a vehicle at the time of
a vehicle offence, means a person in whose name the vehicle is licensed at
that time;
licensed means licensed or registered under a
vehicle licensing law;
responsible person for a vehicle, means a person
who under subsection (2) is responsible for the vehicle;
vehicle licensing law means the
Road Traffic (Vehicles) Act 2012 or the Control of Vehicles (Off-road Areas)
Act 1978 or a corresponding law;
vehicle offence means an alleged offence that has
as an element of it the driving, parking, standing or leaving of a vehicle.
(2) For the purposes
of sections 12 and 13, a person responsible for a vehicle at the time of a
vehicle offence is —
(a) if
at that time the vehicle is licensed —
(i)
any current licence holder who has not given a notice as
described in subparagraph (ii); or
(ii)
any new owner specified in a notice given under the
vehicle licensing law by a current licence holder of having ceased before that
time to be the owner of the vehicle unless, under subsection (3), the new
owner is not responsible for the vehicle; or
(iii)
if, under subsection (3), no new owner specified in a
notice described in subparagraph (ii) is responsible for the vehicle —
the current licence holder who gave the notice;
or
(b) if
at that time the vehicle is not licensed but was previously licensed — a
person responsible under paragraph (a) before the vehicle last ceased to be
licensed; or
(c) in
any other case —
(i)
the person who at that time is entitled to immediate
possession of the vehicle; or
(ii)
if there are several persons entitled to its immediate
possession at that time, the person whose entitlement is paramount.
(3) A person is not
responsible for a vehicle under subsection (2)(a)(ii) at the time of a vehicle
offence if it can be shown —
(a) that
at that time the person had not agreed to becoming the owner of the vehicle;
and
(b) that
the person has given notice of that fact to the person who, under the relevant
vehicle licensing law, is responsible for keeping the licensing records.
[Section 11 amended: No. 8 of 2012 s. 82.]