Western Australian Current Acts

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ROAD TRAFFIC ACT 1974 - SECT 79BCE

79BCE .         Consequences of surrender alternative vehicle notice

        (1)         If a responsible person who is given a surrender alternative vehicle notice under section 79BCD surrenders the alternative vehicle specified in the notice according to the notice, the vehicle must be impounded for a period that commences at the time when the vehicle is surrendered.

        (2)         If a responsible person who is given a surrender alternative vehicle notice under section 79BCD fails to surrender the alternative vehicle specified in the notice according to the notice, the vehicle must be impounded for a period that commences at the time when a police officer takes possession of the vehicle for the purpose of impounding it.

        (3)         An impounding period the length of which is specified as 28 days or 3 months in a surrender alternative vehicle notice includes the part of the day on which the vehicle is impounded that is after the impounding occurred even though including that part of the day makes the period more than 28 days or 3 months, as the case requires.

        (4)         The period for which a vehicle is impounded under subsection (1) or (2) ends when the impounding period has passed since the end of the day on which the vehicle was impounded.

        (5)         A person who is given a surrender alternative vehicle notice under section 79BCD in relation to a vehicle commits an offence if the person fails to comply with the notice.

        Penalty for this subsection: a fine of 50 PU.

        (6)         A person who is given a surrender alternative vehicle notice under section 79BCD in relation to a vehicle commits an offence if, without the authority of a court order, the person —

            (a)         disposes of an interest that the person has in the vehicle; or

            (b)         does anything, or causes or permits another person to do anything, that results or will result in a reduction in the value of the vehicle.

        Penalty for this subsection: a fine of 50 PU.

        [Section 79BCE inserted: No. 20 of 2010 s. 6; amended: No. 8 of 2012 s. 37; No. 51 of 2016 s. 28.]



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