Western Australian Numbered Acts Western Australian Numbered Acts (1) In
section 79C(1):
(a)
delete “79A is to” and insert:
79A(1) or gives a
surrender notice under section 79BA is to
(b)
delete “impounded, of —” and insert:
impounded or the
notice is given, as the case requires, of —
(c) in
paragraph (a) delete “section 79(1)(a) and (b) or 79A(a)
and (b),” and insert:
section 79(1) or
79A(1),
(d)
delete paragraph (b) and insert:
(b) if
the member specified that the length of the impounding period was to be
3 months, the charge or previous conviction because of which the driver
of the vehicle was a previous offender as defined in section 79(1A).
(2) In
section 79C(2):
(a)
delete “informed by a member of the Police Force of a vehicle
impoundment pursuant to subsection (1)” and insert:
informed under
subsection (1) by a member of the Police Force of a vehicle impoundment
or the giving of a surrender notice
(b) in
paragraph (a) delete “section 79(1)(a) and (b) or 79A(a) and
(b),” and insert:
section 79(1) or
79A(1),
(c)
delete paragraph (b) and insert:
(b) if
the member specified that the length of the impounding period was to be
3 months, that there are reasonable grounds for believing that the driver
of the vehicle is a previous offender as defined in section 79(1A).
(3) Delete
section 79C(3) and insert:
(3) If a senior police
officer is not satisfied as required by subsection (2)(a) —
(a) if
the vehicle has been impounded, the senior police officer and the member of
the Police Force are to take measures to ensure that the vehicle is released
from impoundment and returned to a responsible person, or if no responsible
person is available, to the driver of the vehicle;
(b) if a
surrender notice has been given but the vehicle has not yet been surrendered,
the senior police officer is to cancel the notice and immediately notify the
person to whom the notice was given that the notice has been cancelled.
(4) In
section 79C(4):
(a)
delete “the 7 th day” and insert:
the 28 th day
(b)
delete “the impounding.” and insert:
the impounding and, if
the vehicle has not yet been impounded, to the person who was given the
surrender notice.