Western Australian Current Acts Western Australian Current Acts (1) This section
applies if a police officer finds a person (the driver ) committing an offence
under section 49(1)(a) in the circumstances referred to in section 49(3)(d).
(2) If this section
applies and the police officer suspects on reasonable grounds that, at the
time of committing the offence, the driver —
(a) did
not know of the circumstances referred to in section 49(3)(d); and
(b) had
not been cautioned previously under this section since those circumstances
came about,
the police officer may
decline to charge the driver with an offence under section 49(1)(a) and may
instead issue a caution to the driver.
(3) The caution must
be in a prescribed form.
(4) If this section
applies and it appears to the police officer that it would be impracticable,
or may jeopardise the safety of any person, for the driver to immediately
cease driving —
(a) if
the police officer issues a caution, the caution must include a necessity
permit; and
(b) in
any other case, the police officer may grant the driver a necessity permit.
(5) In subsection (4)
—
necessity permit means a permit for the driver to
drive by the shortest practicable route to a place specified in the permit.
[Section 49A inserted: No. 54 of 2006 s. 8.]
[Section 49A. Modifications to be applied in order
to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009.
See endnote 1M.]
[ 50. Deleted: No. 25 of 2016 s. 4.]