Western Australian Current Regulations Western Australian Current Regulations (1) A person who
contravenes or fails to comply with any of the provisions of these
regulations, commits an offence.
(1A) A person who
commits an offence against Part 16 Division 2 or regulation 244
is liable —
(a) for
a first offence, to a minimum penalty of the number of penalty units that
could be imposed as a modified penalty for the particular offence and a
maximum penalty of 56 penalty units (56 PU); and
(b) for
a subsequent offence, to a minimum penalty of the number of penalty units that
could be imposed as a modified penalty for the particular offence and a
maximum penalty of 84 penalty units (84 PU).
(1B) For the purposes
of subregulation (1A)(b), an offence is regarded as a subsequent offence
if the person by whom it is committed has previously committed an offence of
any kind against Part 16 Division 2 or regulation 244.
(2) Except as provided
in subregulation (1A), a person who commits an offence against these
regulations is liable —
(a) for
a first offence, to a penalty not exceeding 64 penalty units
(64 PU); and
(b) for
a subsequent offence, to a penalty not exceeding 96 penalty units
(96 PU).
[(2a) deleted]
(3) For the purposes
of subregulation (2), an offence against these regulations is taken to be
a subsequent offence if the person by whom it is committed has previously
committed an offence of any kind against these regulations, or against the
Road Traffic Code 1975 .
(4) The
Road Traffic (Administration) Regulations 2014 regulation 24(2)
makes provision in relation to infringement notice offences under these
regulations and the penalties for those offences.
(5) The
Road Traffic (Authorisation to Drive) Regulations 2014
regulation 65(3) and (4) make provision in relation to demerit point
offences under these regulations and the demerit points for those offences.
[Regulation 9 amended: Gazette
6 Apr 2004 p. 1135; 22 Dec 2006 p. 5817;
5 Apr 2007 p. 1555‑6; 29 Feb 2008 p. 694;
10 Jun 2008 p. 2467; 23 Dec 2014 p. 4920;
25 Jul 2017 p. 4079; SL 2020/253 r. 6;
SL 2021/200 r. 6.]