Western Australian Current Acts Western Australian Current Acts (1) A police officer,
other than a senior police officer, who seizes and impounds a vehicle under
section 79(1) or 79A(1) or gives a surrender notice under section 79BA or a
surrender substitute vehicle notice under section 79BCA or a surrender
alternative vehicle notice under section 79BCD is to inform a senior police
officer, as soon as practicable after the vehicle is impounded or the notice
is given, as the case requires, of —
(aa) the
date of the seizure and impounding, or the giving of the notice, as the case
requires; and
(a) the
grounds on which the police officer suspects the matters mentioned in
section 79(1) or 79A(1), as is relevant to the case; and
(b) if
the police officer specified that the length of the impounding period was to
be 3 months, the charge or previous conviction because of which the driver of
the vehicle was a previous offender as defined in section 79(1A).
(2) A senior police
officer who is informed under subsection (1) by a police officer is to make
enquiries so as to satisfy him or herself —
(a) that
there are reasonable grounds for the police officer to suspect the matters
mentioned in section 79(1) or 79A(1), as the case requires; and
(b) if
the police officer specified that the length of the impounding period was to
be 3 months, that there are reasonable grounds for believing that the driver
of the vehicle is a previous offender as defined in section 79(1A).
(3) If a senior police
officer is not satisfied as required by subsection (2)(a) —
(a) if
the vehicle has been impounded under section 79, 79A or 79BB, the senior
police officer and the police officer are to take measures to ensure that the
vehicle is released from impoundment and returned to a responsible person, or
if no responsible person is available, to the driver of the vehicle;
(b) if
under section 79BA a surrender notice has been given but the vehicle has not
yet been surrendered, the senior police officer is to cancel the notice and
immediately notify the person to whom the notice was given that the notice has
been cancelled;
(c) if a
substitute vehicle has been impounded under section 79BCB, or an alternative
vehicle has been impounded under section 79BCE, the senior police officer and
the police officer are to take measures to ensure that the vehicle is released
from impoundment and returned to a responsible person;
(d) if
under section 79BCA a surrender substitute vehicle notice has been given, or
under section 79BCD a surrender alternative vehicle notice has been given, but
the vehicle has not yet been surrendered, the senior police officer is to
cancel the notice and immediately notify the person to whom the notice was
given that the notice has been cancelled.
(4) If a senior police
officer is satisfied as required by subsection (2)(a) but is not satisfied as
required by subsection (2)(b), the senior police officer is to alter the
impounding period to end on the 28th day after the day on which the vehicle is
impounded and the Commissioner is to give notice of the variation to each
person who has been given notice under section 79B of the impounding and, if
the vehicle has not yet been impounded, to the person who was given the
surrender notice or surrender substitute vehicle notice or surrender
alternative vehicle notice, as the case may be.
[Section 79C inserted: No. 10 of 2004 s. 13;
amended: No. 4 of 2007 s. 31; No. 24 of 2008 s. 10 and 23; No. 23 of 2009 s.
14; No. 20 of 2010 s. 9; No. 8 of 2012 s. 37 and 38; No. 51 of 2016 s. 29.]