Western Australian Current Acts Western Australian Current Acts (1) In this Division
—
approved means approved by the Commissioner;
Commissioner means the Commissioner of Police;
day of the offence means the day on which the
relevant offence was committed;
hired , in relation to a vehicle, means a vehicle
that —
(a) is
owned by a person whose business is the short term hire of vehicles; and
(b) is
part of the business’s fleet; and
(c)
under a written agreement, is hired for the hirer’s short term use;
impound , in relation to a vehicle, means to store
the vehicle following its seizure or surrender;
impounding offence (driver’s licence) means
—
(a) an
offence against section 49(1)(a) that is committed by a person described in
section 49(3)(a), (b), (ca), (c) or (da); or
(b) an
offence against the Road Traffic (Authorisation to Drive) Act 2008 section
38(1)(a); or
(c) an
offence committed before the coming into operation of the Road Traffic
Amendment Act 2008 section 5(a) that was an impounding offence (driver’s
licence) as defined in this section as in force when the offence was
committed;
impounding offence (driving) means —
(a) an
offence against section 60, 60A or 62A; or
(b) an
offence committed before the coming into operation of the Road Traffic
Amendment (Impounding and Confiscation of Vehicles) Act 2016 section 14 that
was an impounding offence (driving) as defined in this section as in force
when the offence was committed;
impounding or confiscation order means —
(a) a
court order made under section 80A, 80B(1), 80C(1), 80CA(1), 80CB(1) or 80FA;
or
(b) a
court order made before the coming into operation of the Road Traffic
Amendment (Impounding and Confiscation of Vehicles) Act 2016 section 14 that
was an impounding or confiscation order as defined in this section as in force
when the order was made;
impounding order means a court order under
section 80B(1), 80CA(1) or 80FA;
impounding period means the period for which the
vehicle is specified to be impounded;
interest , in relation to a vehicle, means a legal
or equitable interest, right or title in or to the ownership or possession of
the vehicle;
lent in addition to the ordinary meaning of the
word means hired in the ordinary meaning of that word, or subject to a hire
purchase agreement within the meaning of that term in the Hire-Purchase Act
1959 or subject to a goods mortgage in connection with a credit contract
within the meaning of the National Credit Code (Commonwealth);
reasonable expenses , of the Commissioner, means
expenses reasonably incurred by, and currently owing to, the Commissioner;
road rage circumstances accompany the commission
of an offence if —
[(a) deleted]
(b) the
offence is committed as a reaction to, and is to a substantial extent
motivated by, an occurrence that takes place on a road, or in any place to
which the public is permitted, whether on payment of a fee or otherwise, to
have access, while —
(i)
the offender is driving a vehicle on the road or in the
place; and
(ii)
a victim of the offence is using the same road or place,
whether as the driver of, or a passenger in, another vehicle or otherwise;
road rage offence means an offence the commission
of which is accompanied by road rage circumstances, but only if it is —
(a) an
offence of which it is an element that the offender —
(i)
assaults a victim; or
(ii)
damages property in the possession of, or under the
control of, a victim;
or
(b) an
offence against section 60, as in force from time to time, or 60A in
circumstances that involve the offender driving in a manner that is dangerous
to a particular victim;
senior police officer means a police officer who
is, or is acting as, an inspector or an officer of a rank more senior than an
inspector;
surrender period , in relation to a vehicle, means
the period specified under section 80F in an order as the period in which the
vehicle is to be surrendered to the Commissioner;
vehicle referred to in section 80GA means a
vehicle for the impounding or confiscation of which an application may be made
in accordance with section 80GA.
(2) In this Division,
section 60(1A) is the offence for which a vehicle was impounded if —
(a) in
relation to the driving of the vehicle, a person is charged with an offence
against section 60A(1) or (2); and
(b)
under section 60A(3), the person is instead convicted of an offence against
section 60(1A).
(3) In this Division,
section 60A(1) is the offence for which a vehicle was impounded if —
(a) in
relation to the driving of the vehicle, a person is charged with an offence
against section 60(1A); and
(b)
under section 60(2), the person is instead convicted of an offence against
section 60A(1).
(4) In this Division,
section 60A(2) is the offence for which a vehicle was impounded if —
(a) in
relation to the driving of the vehicle, a person is charged with an offence
against section 60(1A); and
(b)
under section 60(2), the person is instead convicted of an offence against
section 60A(2).
(5) In this Division,
section 62A, as in force from time to time, is the offence for which a vehicle
was impounded if —
(a) in
relation to the driving of the vehicle, a person is charged with an offence
against —
(i)
section 60(1A); or
(ii)
section 60(1) as in force before the coming into
operation of the Road Traffic Amendment (Impounding and Confiscation of
Vehicles) Act 2016 section 14;
and
(b)
under section 60(2), the person is instead convicted of an offence against
section 62A.
[Section 78A inserted: No. 10 of 2004 s. 13;
amended: No. 54 of 2006 s. 25; No. 4 of 2007 s. 4, 11, 13 and 30; No. 24 of
2008 s. 5; No. 23 of 2009 s. 7; No. 14 of 2010 s. 12; No. 8 of 2012 s. 21 (as
amended: No. 10 of 2015 s. 17); No. 2 of 2015 s. 13; No. 25 of 2016 s. 63; No.
51 of 2016 s. 14.]
[Section 78A. Modifications to be applied in order
to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009.
See endnote 1M.]