Western Australian Current Acts

ROAD TRAFFIC ACT 1974 - SECT 80M

80M .         Compensation for certain vehicles or items disposed of under s. 80J

        (1)         In this section —

        former owner , in relation to an uncollected vehicle sold or otherwise disposed of under section 80J, or an item in or on the vehicle, means the owner of the vehicle or item before the vehicle or item was sold or otherwise disposed of;

        item has the meaning given in section 80J(1);

        uncollected vehicle has the meaning given in section 80J(1).

        (2)         The State is liable to pay compensation to the former owner of an uncollected vehicle, or an item, if the vehicle or item is sold or otherwise disposed of under section 80J and —

            (a)         no charge of committing the offence for which the vehicle was impounded is laid during the period of one year after the day on which the offence is suspected to have been committed; or

            (b)         during the period described in paragraph (a), a person is charged with committing the offence but the person is acquitted of that offence, or the charge is withdrawn or dismissed.

        (3)         If, before the end of the period referred to in subsection (2)(a), the Commissioner of Police is satisfied that it is unlikely that a person will be charged with committing the offence for which the uncollected vehicle was impounded, the former owner of the vehicle, or item, may be paid compensation.

        (4)         A liability that the State has under subsection (2) in relation to a an uncollected vehicle, or item, is reduced by an amount paid under subsection (3) in relation to the vehicle or item.

        (5)         The State may recover from a person an amount equal to the amount of compensation paid to the person under subsection (2) or (3) in a court of competent jurisdiction as a debt due to the State if —

            (a)         a person is, after the payment of the compensation, convicted of the offence for which the uncollected vehicle was impounded; and

            (b)         any appeal against the conviction is determined and the conviction is not quashed or overturned.

        (6)         The State is liable to pay compensation to the former owner of an uncollected vehicle, or an item, if —

            (a)         a person was convicted of the offence for which the vehicle was impounded; and

            (b)         the person is subsequently acquitted of the offence; and

            (c)         at the time of the acquittal —

                  (i)         no other person has been convicted of the offence for which the vehicle was impounded; or

                  (ii)         if a person has been charged with the offence for which the vehicle was impounded, the person is acquitted of the offence or the charge is withdrawn or dismissed.

        (7)         The amount of compensation to be paid under this section —

            (a)         for an uncollected vehicle, is limited to the market value of the vehicle at the time it was impounded; and

            (b)         for an item, is limited to the market value of the item at the time the vehicle was impounded.

        (8)         For the purposes of subsection (7), the market value of an uncollected vehicle, or an item, is —

            (a)         the market value agreed between the State and the former owner of the vehicle or item; or

            (b)         if no such agreement exists, the market value of the vehicle or item as determined by a court of competent jurisdiction.

        [Section 80M inserted: No. 51 of 2016 s. 44.]

        [Heading inserted: No. 51 of 2016 s. 45.]