Western Australian Current Acts

ROAD TRAFFIC ACT 1974 - SECT 105H

105H .         Agreements for prohibited immobilisation, towing and detention services

        (1)         In this section —

        provide a prohibited service means to immobilise, tow or detain a motor vehicle in contravention of this Part.

        (2)         An agreement, whether entered into before, on or after commencement day, is of no legal effect to the extent to which it authorises or permits, or purports to authorise or permit, a person to provide a prohibited service.

        (3)         A party to an agreement that is of no legal effect wholly or partly because of subsection (2) —

            (a)         is not entitled to recover any money from any person (including an owner or controller of the premises to which the agreement relates or purports to relate) for or in relation to prohibited services provided, or that were to be provided, under the agreement on or after commencement day; and

            (b)         must repay to the person from whom it was received any money received, whether before, on or after commencement day, for prohibited services provided, or that were to be provided, under the agreement on or after commencement day.

        (4)         If a party does not repay money required by subsection (3)(b) to be repaid, the person entitled to be repaid may recover the money in a court of competent jurisdiction as a debt due from the party.

        [Section 105H inserted: No. 38 of 2020 s. 5.]