Western Australian Current Acts Western Australian Current Acts (1) This section
applies if —
(a)
because of a pending charge of an impounding offence (driving) against a
person (the driver ), the person has been regarded under this Subdivision as a
previous offender as defined in section 79(1A) (a previous offender ); and
(b) the
driver is acquitted of or discharged from the charge; and
(c) the
driver would not otherwise have been a previous offender.
(2) If the acquittal
or discharge occurs when a vehicle has been impounded on the basis that the
person is a previous offender but the impounding period that would have
applied if the person had not been a previous offender (the shorter impounding
period ) has not yet elapsed, the impounding period is reduced by this section
to the shorter impounding period.
(3) If the acquittal
or discharge occurs when a vehicle has been impounded on the basis that the
person is a previous offender and the impounding period that would have
applied if the person had not been a previous offender (the shorter impounding
period ) has already elapsed but the vehicle is still impounded, the
impounding period is reduced by this section to end on the day on which the
acquittal or discharge occurs.
(4) The Commissioner
is to ensure that each person, other than the CEO, to whom a notice of the
impounding of the vehicle has been given under section 79B is given a notice
of a reduction of the impounding period by this section.
(5) Whether the
acquittal or discharge occurs while the vehicle is still impounded or not, for
calculating a liability under this Division to pay an amount by reference to
the expenses incurred by the Commissioner in impounding the vehicle those
expenses are limited to expenses that would have been incurred in impounding
the vehicle for the shorter impounding period.
(6) A person who has
already paid under this Division an amount that exceeds the amount calculated
according to subsection (5) is entitled to a refund from the Commissioner of
the amount of the excess.
[Section 79BC inserted: No. 23 of 2009 s. 12;
amended: No. 8 of 2012 s. 36.]