Western Australian Current Regulations

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ROAD TRAFFIC (VEHICLES) REGULATIONS 2014 - REG 124

124 .         Seizure and disposal of imitation plates

        (1)         A police officer may seize and take possession of —

            (a)         any imitation plate that the officer has reasonable grounds to believe has been manufactured, sold or supplied contrary to regulation 123; or

            (b)         any imitation plate that is fixed to a vehicle.

        (2)         The CEO may, with the approval of a JP, cause an imitation plate seized under this regulation to be destroyed, whether or not any person has been convicted of or charged with an offence under regulation 123 in connection with the plate.

        (3)         When, or as soon as practicable after, an imitation plate is seized under this regulation, a police officer must serve the owner of the vehicle from which it was seized with a notice that informs the person —

            (a)         that the plate is liable to be destroyed; and

            (b)         that the person may make written representations to the CEO in relation to the plate within 10 days after service of the notice.

        (4)         At any time after the expiration of 14 days from service of the notice under subregulation (3) the CEO may apply to a JP for approval to destroy the imitation plate.

        (5)         The application must be accompanied by copies of any representations received under subregulation (3)(b) in relation to the plate.

        (6)         The JP, after considering the application, the representations (if any), and the need (if any) for the plate to be retained for evidentiary purposes, may —

            (a)         approve of the destruction of the plate; or

            (b)         direct that the plate be returned to the person from whom it was seized; or

            (c)         authorise the continued retention of the plate for evidentiary purposes.

        (7)         A person is not entitled to payment by way of compensation or restitution in respect of the seizure, retention or destruction of an imitation plate under this regulation or court order.

        [Heading inserted: SL 2021/206 r. 10.]



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