Western Australian Current Acts

ROAD TRAFFIC ACT 1974 - SECT 80A

80A .         Confiscation of vehicles used in certain impounding offences (driving)

        (1)         A court that convicts a person of an impounding offence (driving) may, by order and in accordance with subsection (2), (3) or (4), confiscate the vehicle used in the offence.

        (2)         A court may make an order if it is satisfied that —

            (a)         the offence was committed in a school zone; or

            (b)         the offence was committed in a confiscation zone other than a school zone and the commission of the offence resulted in, or was likely to result in —

                  (i)         members of the public experiencing harassment, intimidation, fear or alarm; or

                  (ii)         damage to any property, including the road;

                or

            (c)         the commission of the offence involved the driving of the vehicle at 90 km/h or more above the speed limit.

        (3)         The court may make the order if it is satisfied that —

            (a)         the offence was committed in a confiscation zone; and

            (b)         in the 5 years before the day on which the offence was committed the person was convicted of a previous impounding offence (driving) which was committed in a confiscation zone.

        (4)         The court may make the order if it is satisfied that in the 5 years before the day on which the offence was committed the person was convicted of 2 previous impounding offences (driving).

        [Section 80A inserted: No. 51 of 2016 s. 31.]