Western Australian Numbered Acts Western Australian Numbered Acts After section 102 the
following sections are inserted —
“
102A. Traffic infringement notices left on
vehicles
(1) Where —
(a) an
offence against this Act, of which the standing, parking or leaving of a
vehicle is an element, is alleged to have occurred; and
(b) the
identity of the driver or person in charge of the vehicle is not known and
cannot immediately be ascertained,
a
traffic infringement notice for the alleged offence may be addressed to the
responsible person for the vehicle, without naming the person or stating the
person’s address, and may be served on the responsible person by leaving
it in or upon, or attaching it to, the vehicle.
(2) If a
traffic infringement notice is served on a responsible person under
subsection (1) and there is more than one responsible person, the notice
is to be regarded as having been served on —
(a) if
not more than one responsible person responds to the notice, that
responsible person; or
(b) in
any other case, not more than one responsible person chosen by the
Commissioner of Police.
(3) If a
traffic infringement notice is served on a responsible person under
subsection (1), the responsible person is to be presumed to have
committed the offence alleged in the notice unless, within the period of
28 days after the day specified in the notice (being the day of the
service of the notice or a subsequent day) —
(a) the
penalty prescribed under section 102(1) for the alleged offence is paid;
or
(b) the
responsible person informs an officer specified in the notice that the
responsible person was not the driver or person in charge of the vehicle at
the time of the alleged offence and supplies to the officer —
(i)
the name and address of the driver or person in charge of
the vehicle at that time; or
(ii)
information showing that the vehicle was stolen or
unlawfully taken or used at that time.
(4) The presumption
under subsection (3) applies even if the responsible person is not an
individual.
(5) A
traffic infringement notice served under subsection (1) must contain or
be accompanied by a statement explaining the operation of subsections (3)
and (4).
102B. Traffic infringement notices issued on
photographic evidence
(1) Where —
(a) an
offence against this Act of which the driving or being in charge of a vehicle
is an element is alleged to have occurred;
(b) the
belief referred to in section 102(1) is based on photographic evidence;
(c) the
name and address of the driver or person in charge of the vehicle are not
known and cannot immediately be ascertained;
(d) the
identity of the vehicle can be ascertained from the photographic evidence; and
(e) a
responsible person for the vehicle is an individual,
a
traffic infringement notice for the alleged offence may be addressed to the
responsible person and may be served on the responsible person, personally or
by post.
(2) If there is more
than one responsible person referred to in subsection (1), a
traffic infringement notice under that subsection may be addressed to and
served on not more than one of those persons chosen by the Commissioner of
Police.
(3) If a
traffic infringement notice is served on a responsible person under
subsection (1) without enclosing the photographic evidence referred to in
subsection (1)(b) and, at the end of the period of 14 days after the
day specified in the notice (being the day of the service of the notice or a
subsequent day) —
(a) the
penalty prescribed under section 102(1) for the alleged offence has not
been paid; and
(b) the
responsible person has not informed an officer specified in the notice that
the responsible person was not the driver or person in charge of the vehicle
at the time of the alleged offence and supplied to the officer —
(i)
the name and address of the driver or person in charge of
the vehicle at that time; or
(ii)
information showing that the vehicle was stolen or
unlawfully taken or used at that time,
a further
traffic infringement notice may be served on the responsible person enclosing
the photographic evidence.
(4) If a
traffic infringement notice enclosing photographic evidence is served on a
responsible person under subsection (1) or (3), the responsible person is
to be presumed to be the driver or person in charge of the vehicle at the time
of the offence alleged in the notice unless, within the period of 28 days
after the day specified in the notice (being the day of the service of the
notice or a subsequent day) —
(a) the
penalty prescribed under section 102(1) for the alleged offence is paid;
or
(b) the
responsible person informs an officer specified in the notice that the
responsible person was not the driver or person in charge of the vehicle at
the time of the alleged offence and supplies to the officer —
(i)
the name and address of the driver or person in charge of
the vehicle at that time;
(ii)
information showing that the vehicle was stolen or
unlawfully taken or used at that time; or
(iii)
a statutory declaration that the responsible person did
not know, and could not reasonably have ascertained, the name and address of
the driver or person in charge of the vehicle at that time.
(5) A
traffic infringement notice enclosing photographic evidence served under
subsection (1) or (3) must contain or be accompanied by a statement
explaining the operation of subsection (4).
(6) A statutory
declaration under subsection (4)(b)(iii) must be contained in or
accompanied by the traffic infringement notice to which it relates and must be
posted to an officer specified in the notice or delivered personally to the
officer or the officer in charge of a police station.
(7) In this
section —
"photographic evidence" means —
(a) a
photograph; or
(b) a
cinematographic or other type of film, or video tape, video disc, slide or
digital, electronic or other form of recording, from which a visual image can
be produced.
102C. Notices requesting information
(1) If a
traffic infringement notice could be addressed to and served on a
responsible person under section 102B but for there not being any individual
who is a responsible person for the vehicle, a member of the Police Force or
warden may serve a notice on a responsible person for the vehicle —
(a)
describing the offence that is alleged to have been committed; and
(b)
requesting the name and address of the driver or person in charge of the
vehicle at the time of the offence so described.
(2) If a notice is
served on a responsible person under subsection (1) without enclosing the
photographic evidence referred to in section 102B(1)(b) and, at the end of
14 days after the day specified in the notice (being the day of the
service of the notice or a subsequent day), the responsible person has not
supplied to an officer specified in the notice —
(a) the
name and address of the driver or person in charge of the vehicle at the time
of the offence described in the notice; or
(b)
information showing that the vehicle was stolen or unlawfully taken or used at
that time,
a further notice of
the kind described in subsection (1) may be served on the
responsible person enclosing the photographic evidence.
(3) A
responsible person on which a notice enclosing photographic evidence is served
under subsection (1) or (2) commits an offence unless, within the period
of 14 days after the day specified in the notice (being the day of the
service of the notice or a subsequent day) the responsible person supplies to
an officer specified in the notice —
(a) the
name and address of the driver or person in charge of the vehicle at the time
of the offence described in the notice;
(b)
information showing that the vehicle was stolen or unlawfully taken or used at
the time of the offence described in the notice; or
(c) a
statutory declaration that the responsible person did not know, and could not
reasonably have ascertained, the name and address of the driver or person in
charge of the vehicle at the time of the offence described in the notice.
Penalty: Double the amount of the fine provided
under this Act for the offence described in the notice or, if more than one
amount is so provided, double the lower or lowest of those amounts.
(4) On a complaint
charging a person with an offence against subsection (3) the person may
be convicted of an offence against section 58A.
(5) A notice served on
a person under subsection (1) or (2) may be withdrawn at any time before
the end of the period referred to in subsection (2) or (3) respectively
by sending a notice to that effect, in the prescribed form and signed by a
prescribed officer, to the person at the person’s last known place of
business.
(6) If the amount of
the modified penalty referred to in section 102D has been paid before a notice
is withdrawn under subsection (5), any amount so paid is to be refunded.
(7)
Subsections (5) and (6) do not affect the operation of section 102(5) in
relation to a notice when it is regarded under section 102D(2) as a
traffic infringement notice.
(8) A notice served
under subsection (2) must contain or be accompanied by a statement
explaining the operation of subsection (3) and section 102D.
(9) A statutory
declaration under subsection (3)(c) must be contained in or accompanied
by the notice to which it relates and must be posted to an officer specified
in the notice or delivered personally to the officer or the officer in charge
of a police station.
102D. Notice under section 102C may become a
traffic infringement notice
(1) An offence against
section 102C(3) is prescribed for the purposes of section 102 and the penalty
for that offence if dealt with under section 102
(the "modified penalty") is an amount of double the penalty prescribed under
section 102(1) for the offence described in the notice under subsection
102C(1).
(2) If a person on
which a notice is served under section 102C(2) fails to comply with the
notice, the notice is to be regarded as also being a
traffic infringement notice served on the person for the offence against
section 102C(3) constituted by that failure to comply.
(3) For the purposes
of section 102(1) and (4) and any other enactment, the specified time for the
payment of the modified penalty is the period of 14 days after the end of the
period referred to in section 102C(3).
(4) Subject to section
102C(5), if the amount of the modified penalty has been paid before the day on
which a notice is to be regarded under this section as a
traffic infringement notice, the amount may be held until that day and then
treated as an amount received in payment of the modified penalty.
(5) Despite section
102(7), the payment of the modified penalty does not constitute a conviction
of an offence for any purpose.
”.