Western Australian Current Acts

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LOCAL GOVERNMENT ACT 1995 - SECT 3.40

3.40 .         Vehicle may be removed if goods to be impounded are in or on vehicle

        (1)         Where under section 3.39 an employee may remove and impound any goods that are in or on a vehicle that is not itself to be impounded and, because of their size, nature or quantity or for any other reason, it is not convenient to unload and deal with them where they are, the employee may enter the vehicle for the purpose of removing it to a place where the goods may be conveniently unloaded and impounded.

        (2)         Where a vehicle is removed under subsection (1) the local government is to allow the alleged offender, as soon as practicable after the goods are unloaded from the vehicle, to resume control of the vehicle.

        (3)         If the person entitled to resume control of the vehicle is not present when the goods are unloaded or fails to resume control of the vehicle, the local government is to give notice to the person who is the holder of the requisite vehicle licence or permit under the Road Traffic (Vehicles) Act 2012 in respect of the vehicle, advising that the vehicle may be collected from a place specified during such hours as are specified.

        [Section 3.40 amended: No. 8 of 2012 s. 122.]



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