Western Australian Current Acts

ROAD TRAFFIC ACT 1974 - SECT 60B

60B .         Penalties for offences against sections 60 and 60A

        (1)         In this section —

        offence means an offence against section 60 or 60A.

        (2)         A person convicted of an offence is liable —

            (a)         for a first offence, to a fine of 120 PU or to imprisonment for 9 months; and

            (b)         for a second offence, to a fine of 180 PU or to imprisonment for 9 months; and

            (c)         for a third or subsequent offence, to a fine of 240 PU or to imprisonment for 12 months.

        (3)         In any event, a court convicting a person —

            (a)         of a first offence, must order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 6 months; and

            (b)         of a second offence, must order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 12 months; and

            (c)         of a third or subsequent offence, must order that the person be permanently disqualified from holding or obtaining a driver’s licence.

        (4)         If an offence is committed in the circumstance of aggravation referred to in section 49AB(1)(c), the offence is a crime.

        Penalty for this subsection: imprisonment for 5 years.

        Summary conviction penalty for this subsection: imprisonment for 2 years.

        (5)         A court sentencing a person for an offence committed in the circumstance of aggravation referred to in section 49AB(1)(c) must —

            (a)         sentence the person to a term of imprisonment of at least 6 months; and

            (b)         not suspend the term of imprisonment; and

            (c)         for a first or second offence — order that the offender is disqualified from holding or obtaining a driver’s licence for a period of not less than 2 years; and

            (d)         for a third or subsequent offence — order that the offender is permanently disqualified from holding or obtaining a driver’s licence.

        (6)         Subsection (5) applies whether the person was convicted on indictment or summarily and despite the Sentencing Act 1995 Part 5.

        (7)         A reference in subsection (5)(c) or (d) to an offence is a reference to the offence whether or not committed in the circumstance of aggravation referred to in section 49AB(1)(c).

        [Section 60B inserted: No. 51 of 2016 s. 8.]