Western Australian Current Acts Western Australian Current Acts (1) The Commissioner
is to ensure that, as soon as practicable after a vehicle is impounded under
section 79(1), 79A(1) or 79BB, notice of the impounding is given to —
(a) each
responsible person; and
(b) if
the driver is not a responsible person, the driver; and
(c) if
the licence in respect of the vehicle is for the time being suspended under
section 79BD, the CEO.
(2) The notice of the
impounding given under subsection (1) is to be in an approved form and contain
details of —
(a) the
time when the vehicle was impounded; and
(b) the
address of the place where the vehicle is stored; and
(ca) if
under section 79(3A) the length of the impounding period is specified to be 3
months, the charge or previous conviction because of which the driver was a
previous offender as defined in section 79(1A); and
(cb) the
vehicle sufficient to identify it; and
(cc) the
time and place at which the offence, in the commission of which the vehicle
was used, is suspected to have been committed; and
(cd) the
offence sufficient to identify the grounds on which the vehicle was impounded;
and
(ce) if
known, the person who was driving the vehicle when the offence is suspected to
have been committed; and
(cf) the
length of the impounding period, which is to be —
(i)
if section 79(1) is the impounding provision, either 28
days or 3 months according to which of those periods is the impounding period
for which section 79(1) requires the vehicle to be impounded or would require
the vehicle to be impounded if it applied; and
(ii)
if section 79A(1) is the impounding provision, 28 days;
and
(cg) the
grounds on which the vehicle may be released under section 79D; and
(c) how,
when and to whom the vehicle can be released; and
(d) the
powers of a court under sections 80A, 80B, 80C and 80FA in relation to the
impounding and confiscation of vehicles.
(3A) The Commissioner
is to ensure that, as soon as practicable after a vehicle (the substitute
vehicle ) is impounded under section 79BCB following the issue of a surrender
substitute vehicle notice to a responsible person for the vehicle under
section 79BCA, notice of the impounding is given to —
(a) each
responsible person for the vehicle; and
(b) if
the licence in respect of the vehicle is for the time being suspended under
section 79BD, the CEO.
(3B) The notice of the
impounding given under subsection (3A) is to be in an approved form and
contain details of —
(a) the
time and place at which the offence, in the commission of which the initially
impounded vehicle (as defined in section 79BCA(1)) was used, is suspected to
have been committed; and
(b) the
offence sufficient to identify the grounds on which the initially impounded
vehicle was impounded; and
(c) the
person who was driving the initially impounded vehicle when the offence is
suspected to have been committed; and
(d) the
substitute vehicle sufficient to identify it; and
(e) the
time when the substitute vehicle was impounded; and
(f) the
address of the place where the substitute vehicle is stored; and
(g) the
length of the impounding period for the substitute vehicle which is to be the
period specified in the surrender substitute vehicle notice under
section 79BCA(5)(h); and
(h) the
grounds on which the substitute vehicle may be released under section 79D; and
(i)
how, when and to whom the substitute vehicle can be
released; and
(j) the
powers of a court under sections 80A, 80B, 80C and 80FA in relation to the
impounding and confiscation of vehicles.
(3C) The Commissioner
is to ensure that, as soon as practicable after a vehicle (the alternative
vehicle ) is impounded under section 79BCE following the issue of a surrender
alternative vehicle notice to a responsible person for the vehicle under
section 79BCD, notice of the impounding is given to —
(a) each
responsible person for the vehicle; and
(b) if
the licence in respect of the vehicle is for the time being suspended under
section 79BD, the CEO.
(3D) The notice of the
impounding given under subsection (3C) is to be in an approved form and
contain details of —
(a) the
offence referred to in section 79BCD(1)(a) including the time and place at
which it is suspected to have been committed; and
(b) the
alternative vehicle sufficient to identify it; and
(c) the
time when the alternative vehicle was impounded; and
(d) the
address of the place where the alternative vehicle is stored; and
(e) the
length of the impounding period for the alternative vehicle which is to be the
period specified in the surrender alternative vehicle notice under
section 79BCD(5)(g); and
(f) the
grounds on which the alternative vehicle may be released under section 79D;
and
(g) how,
when and to whom the alternative vehicle can be released; and
(h) the
powers of a court under sections 80A, 80B, 80C and 80FA in relation to the
impounding and confiscation of vehicles.
(3) The Commissioner
is to ensure that, as soon as practicable after an impounding period is
extended under section 79(3), notice of the extension is given to each
responsible person and, if the driver is not a responsible person, the driver.
(4) The notice of the
extension is to be in an approved form and contain details of —
(a) the
impounded vehicle; and
(b) the
time when the vehicle was impounded and when the impounding period would end
if it were not extended; and
(c) the
charge or previous conviction because of which the impounding period is
extended; and
(d) the
powers of a court under sections 80A, 80B, 80C and 80FA in relation to the
impounding and confiscation of vehicles.
[Section 79B inserted: No. 10 of 2004 s. 13;
amended: No. 4 of 2007 s. 31(1); No. 24 of 2008 s. 9 and 23; No. 23 of 2009 s.
13; No. 20 of 2010 s. 8; No. 8 of 2012 s. 36.]