Western Australian Current Acts Western Australian Current Acts (1) If a vehicle
driven by a person (the driver ) is involved in an incident occasioning bodily
harm to the driver or another person, the driver must report the incident
forthwith to —
(a) the
officer in charge of a police station; or
(b) the
Commissioner of Police in a manner approved by the Commissioner.
(2) If a person
contravenes subsection (1) and the incident occasioned death or grievous
bodily harm, the person commits a crime.
Penalty: imprisonment for 10 years and in any
event the court convicting the person must order that the offender is
disqualified from holding or obtaining a driver’s licence for a period
of not less than 12 months.
Summary conviction penalty: imprisonment for 12
months and in any event the court convicting the person must order that the
offender is disqualified from holding or obtaining a driver’s licence
for a period of not less than 12 months.
(3) If a person
contravenes subsection (1) and the incident did not occasion death or grievous
bodily harm, the person commits an offence.
Penalty: imprisonment for 12 months and in any
event the court convicting the person must order that the offender is
disqualified from holding or obtaining a driver’s licence for a period
of not less than 12 months.
(4) If a vehicle
driven by a person (the driver ) is involved in an incident in which any
property is damaged the driver must report the incident forthwith to —
(a) the
officer in charge of a police station; or
(b) the
Commissioner of Police in a manner approved by the Commissioner.
Penalty:
(a) for
a first offence, a fine of 8 PU;
(b) for
a subsequent offence, a fine of 16 PU.
(5) It is a defence to
a charge of an offence under subsection (2), (3) or (4) for the accused to
prove that —
(a) the
accused could not comply with a requirement in the relevant provision because
of an injury suffered by the accused in the incident; or
(b) a
police officer attended at the scene of the incident and took the necessary
particulars of the incident.
(6) It is a defence to
a charge of an offence under subsection (4) for the accused to prove —
(a) that
the accused had reasonable cause for believing that the total value of the
damage did not exceed the amount prescribed for the purposes of this
subsection; and
(b) that
the owner, in each case, of any property damaged was present or represented at
the place where and at the time when, or immediately after, the incident
occurred.
[Section 56 inserted: No. 39 of 2007 s. 20;
amended: No. 8 of 2012 s. 37; No. 25 of 2016 s. 6.]
[Section 56. Modifications to be applied in order
to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009.
See endnote 1M.]