Western Australian Numbered Acts Western Australian Numbered Acts After section 5 the
following section is inserted in Part 1 —
“
5A. Person responsible for a
vehicle
(1) For the purposes
of this Act a person responsible for a vehicle is —
(a) if
the vehicle is licensed — any licence holder who has not given a
notice as described in paragraph (b);
(b) if a
licence holder has given notice under section 24(1), or a corresponding
law of another State or Territory or the Commonwealth, of a change in
ownership of the vehicle and subsection (2) does not apply —
the new owner as specified in the notice or, if more than one is specified,
each of them;
(c) if
the vehicle is not licensed but was previously licensed and
subsection (2) does not apply — a person responsible under
paragraph (a) or (b) before the vehicle last ceased to be licensed;
or
(d) in
any other case —
(i)
the person who is entitled to the immediate possession of
the vehicle; or
(ii)
if there are several persons entitled to its immediate
possession, the person whose entitlement is paramount.
(2) Despite
subsection (1), a person is not responsible for a vehicle under
subsection (1)(b), if it can be shown that the person did not agree to
becoming an owner of the vehicle and has notified the Director General in
writing accordingly or has given a notice to a similar effect to a licensing
authority of another State or Territory or the Commonwealth.
(3) The Minister may
by notice published in the Gazette declare a law of another State or Territory
or the Commonwealth to be a corresponding law for the purposes of this section
and may by subsequent notice so published vary or cancel any such declaration.
(4) In this
section —
“licence holder” , in relation to a
vehicle, means a person in whose name the vehicle is licensed;
“licensed” means licensed under this
Act, registered under the Control of Vehicles (Off-road areas) Act 1978
or licensed or registered under a corresponding law of another State or
Territory or the Commonwealth.
”.