Western Australian Numbered Acts

ROAD TRAFFIC AMENDMENT (HOONS) ACT 2009 (NO. 23 OF 2009) - SECT 11

11 .         Section 79 amended

        (1)         Delete section 79(1) and insert:

        (1A)         In this section —

        previous offender means a person —

            (a)         who has previously been convicted of an impounding offence (driving); or

            (b)         against whom a charge of an impounding offence (driving) is pending;

        surrender notice has the meaning given in section 79BA.

        (1)         If a member of the Police Force reasonably suspects that, while driving a vehicle, the driver has committed an impounding offence (driving), the member must, unless in the circumstances it is impracticable to do so, impound the vehicle within a period of 28 days after the day of the offence.

        (2)         In section 79(2):

            (a)         in paragraph (a) delete “the 7 ^th day” and insert:

                the 28 ^th day

            (b)         delete paragraph (b) and insert:

            (b)         if, under subsection (3A), the member of the Police Force specifies that the length of the impounding period is to be 3 months, on the last day of the period of 3 months commencing on the day after the day on which the vehicle was impounded;

            (c)         in paragraph (c) delete “the 28 ^th day after the day on which the vehicle is” and insert:

                the last day of the period of 3 months commencing on the day after the day on which the vehicle was

        (3)         Delete section 79(3) and insert:

        (3A)         If, at the time of impounding the vehicle, the member of the Police Force reasonably believes that the driver of the vehicle is a previous offender, the member must specify that the length of the impounding period is to be 3 months.

        (3B)         An impounding period the length of which is specified as 28 days or 3 months under this section, or in a surrender notice for which subsection (1) of this section is the impounding provision, includes the part of the day on which the vehicle is impounded that is after the impounding occurred even though including that part of the day makes the period more than 28 days or 3 months, as the case requires.

        (3)         If the driver of the vehicle is a previous offender but the member of the Police Force does not specify under subsection (3A) that the length of the impounding period is to be 3 months, the Commissioner must, on being satisfied that the driver is a previous offender, extend the impounding period to end on the last day of the period of 3 months commencing on the day after the day on which the vehicle was impounded.