Western Australian Current Acts Western Australian Current Acts (1) In this section
—
responsible person includes a person to whom the
possession or control of the vehicle was entrusted at the time of the alleged
offence mentioned in subsection (2)(a) or (3)(a), as the case may be.
(2) A responsible
person for a vehicle commits an offence if —
(a) an
offence under any written law is alleged to have occurred an element of which
is driving or being in charge of the vehicle; and
(b) a
police officer requests the responsible person to give information which may
lead to the identification of the driver or person in charge of the vehicle at
the time of the alleged offence; and
(c) the
responsible person has, or could reasonably have ascertained, the information;
and
(d) the
responsible person fails to give the information.
(3) A responsible
person for a vehicle commits an offence if —
(a) an
offence under any written law is alleged to have occurred an element of which
is driving or being in charge of the vehicle; and
(b) a
police officer requests the responsible person to give information which may
lead to the identification of the driver or person in charge of the vehicle at
the time of the alleged offence; and
(c) the
responsible person gives false information in response to the request.
Penalty applicable to subsections (2) and (3):
(a) for
an individual —
(i)
for a first offence, a fine of 24 PU;
(ii)
for a subsequent offence, a fine of 48 PU;
(b) for
a body corporate, a fine of 100 PU.
(3A) Subsection (2)
does not apply if the responsible person for the vehicle supplies to the
police officer who has made the request for information a statutory
declaration —
(a) that
the responsible person was not the driver or person in charge of the vehicle
at the relevant time; and
(b) that
the responsible person is concerned about providing information in response to
the request because of a risk or apprehended risk of being subjected to family
violence if the responsible person took steps to find or provide that
information.
(3B) A statutory
declaration under subsection (3A) must be accompanied by a family violence
evidentiary document that relates to the responsible person.
(3C) Subsection (3A)
does not apply if the request for information was made under the
Road Traffic Act 1974 section 57.
(3D) The provision of
information under subsection (3A) does not give rise to a requirement for a
police officer to carry out an investigation under the Restraining Orders Act
1997 section 62A (but this subsection does not prevent such an investigation
occurring if the police officer thinks fit).
(4) Subsection (2)
does not apply if the request for information was made in a notice under
section 98.
(5) If a person is
charged with an offence under subsection (2) the person may be convicted of an
offence under section 35.
[Section 34 amended: No. 30 of 2020 s. 87.]