Western Australian Current Acts Western Australian Current Acts (1) This section
applies if a police officer reasonably suspects that —
(a) a
motor cycle is being used on a road; and
(b) the
use constitutes an offence under the Road Traffic (Vehicles) Act 2012
section 4(2); and
(c) the
motor cycle was not, at any time during the period of 2 years immediately
before the day of the use —
(i)
licensed under the Road Traffic (Vehicles) Act 2012 ; or
(ii)
the subject of a permit, or number plates, issued under
the Road Traffic (Vehicles) Act 2012 section 13.
(2) The police officer
may seize and impound the motor cycle within a period of 28 days after the day
of its suspected use.
(3) The Commissioner
is to ensure that, as soon as practicable after a motor cycle is impounded
under subsection (2), notice of the impounding is given to —
(a) a
responsible person for the motor cycle; and
(b) if
that person has not reached the age of 18 years, a responsible adult, as
defined in the Young Offenders Act 1994 , for the person.
(4) The notice must be
in an approved form and specify the following —
(a) the
time when the motor cycle was impounded;
(b) the
address of the place where the motor cycle is stored;
(c)
sufficient details of the motor cycle to identify it;
(d) the
time and place of the suspected use of the motor cycle;
(e)
sufficient other details of the suspected use to identify the grounds for
giving the notice;
(f) if
known, the name of the driver of the motor cycle during its suspected use.
(5) The notice must
also include the following —
(a) a
statement to the effect that this Subdivision contains law about the notice
and the impounding of the motor cycle;
(b) a
statement as to the effect of sections 80S, 80T and 80U;
(c) a
statement as to the effect that if the motor cycle is confiscated under
section 80T, it may be disposed of under section 80V;
(d) a
statement as to the effect of section 80W.
[Section 80O inserted: No. 51 of 2016 s. 45.]