Road Traffic Legislation Amendment Act 2012
CONTENTS
Part 1 — Preliminary
1. Short title 2
2. Commencement 2
Part 2 — Repeal
3. Act repealed 4
Part 3 — Consequential amendments to the Road Traffic Act 1974
4. Act amended 5
5. Long title amended 5
6. Section 5 replaced 5
5. Terms used 5
7. Section 5A deleted 5
8. Parts II to IVA deleted 5
9. Section 49AA amended 5
10. Section 49 amended 6
11. Sections 51 and 53 deleted 6
12. Sections 58 and 58A deleted 6
13. Section 64A amended 6
14. Section 64AAA amended 7
15. Section 71C amended 8
16. Section 71E amended 9
17. Section 71F amended 9
18. Section 71G amended 10
19. Section 74 amended 10
20. Sections 75 to 78 deleted 10
21. Section 78A amended 10
22. Section 78C amended 10
23. Section 78D amended 10
24. Section 79BA amended 11
25. Section 80L amended 11
26. Sections 82 to 87 deleted 11
27. Sections 92 to 103 deleted 11
28. Part VIA deleted 11
29. Section 105 deleted 11
30. Section 106 amended 11
31. Sections 107, 109 and 110 deleted 11
32. Section 111 amended 12
33. Section 111AA deleted 12
34. Section 111AB amended 12
35. Sections 111A to 113 deleted 13
36. Various references to “Director General” amended 13
37. Various references to “member of the Police Force” amended 13
38. Various references to “the member” amended 15
Part 4 — Consequential amendments to other Acts
Division 1 — Agriculture and Related Resources Protection Act 1976 amended
39. Act amended 16
40. Section 7 amended 16
Division 2 — Biosecurity and Agriculture Management Act 2007 amended
41. Act amended 16
42. Section 6 amended 16
Division 3 — Botanic Gardens and Parks Authority Act 1998 amended
43. Act amended 17
44. Section 3 amended 17
45. Section 50 amended 18
Division 4 — Bush Fires Act 1954 amended
46. Act amended 18
47. Section 14B amended 18
Division 5 — Chattel Securities Act 1987 amended
48. Act amended 18
49. Section 3 amended 18
50. Section 7 amended 19
51. Section 13 amended 20
52. Section 30 amended 20
Division 6 — Children and Community Services Act 2004 amended
53. Act amended 20
54. Section 102 amended 21
Division 7 — Children’s Court of Western Australia Act 1988 amended
55. Act amended 21
56. Section 51A amended 21
Division 8 — Civil Judgments Enforcement Act 2004 amended
57. Act amended 21
58. Section 113 amended 21
59. Section 114 amended 22
Division 9 — Consumer Affairs Act 1971 amended
60. Act amended 22
61. Schedule amended 22
Division 10 — Control of Vehicles (Off‑road Areas) Act 1978 amended
62. Act amended 22
63. Section 3 amended 23
64. Section 7 amended 23
65. Section 11 amended 23
66. Section 34 amended 24
67. Section 36 amended 24
68. Section 38 amended 25
69. Section 39 amended 25
Division 11 — Court Security and Custodial Services Act 1999 amended
70. Act amended 26
71. Section 47 amended 26
Division 12 — Credit Act 1984 amended
72. Act amended 26
73. Section 5 amended 26
Division 13 — Criminal Appeals Act 2004 amended
74. Act amended 27
75. Section 11 amended 27
Division 14 — Criminal Investigation Act 2006 amended
76. Act amended 27
77. Section 18 amended 27
78. Section 28 amended 27
79. Section 135 amended 28
Division 15 — Criminal Procedure Act 2004 amended
80. Act amended 28
81. Section 3 amended 28
82. Section 11 amended 28
Division 16 — Cross‑border Justice Act 2008 amended
83. Act amended 29
84. Section 68 amended 29
85. Section 138 amended 29
Division 17 — Dangerous Goods Safety Act 2004 amended
86. Act amended 29
87. Section 14 amended 30
88. Section 15 amended 30
Division 18 — Duties Act 2008 amended
89. Act amended 30
90. Section 228 amended 30
91. Section 230 amended 31
92. Section 240 amended 32
93. Section 243 amended 32
94. Section 244A amended 32
95. Various references to “Road Traffic Act” amended 33
96. Various references to “Director General” amended 33
Division 19 — Emergency Management Act 2005 amended
97. Act amended 34
98. Section 68 amended 34
Division 20 — Environmental Protection Act 1986 amended
99. Act amended 34
100. Section 3 amended 34
Division 21 — Fair Trading Act 2010 amended
101. Act amended 35
102. Section 63 amended 35
103. Schedule 1 amended 35
Division 22 — Finance Brokers Control Act 1975 amended
104. Act amended 36
105. Section 4 amended 36
Division 23 — Fines, Penalties and Infringement Notices Enforcement Act 1994 amended
106. Act amended 36
107. Section 3 amended 36
108. Section 26 amended 37
109. Various references to “the Road Traffic Act 1974” amended 38
Division 24 — Fish Resources Management Act 1994 amended
110. Act amended 39
111. Section 4 amended 39
Division 25 — Government Railways Act 1904 amended
112. Act amended 39
113. Section 73 amended 39
Division 26 — Juries Act 1957 amended
114. Act amended 39
115. Section 5 amended 40
Division 27 — Land Administration Act 1997 amended
116. Act amended 40
117. Section 61 amended 40
Division 28 — Liquor Control Act 1988 amended
118. Act amended 40
119. Section 119 amended 41
Division 29 — Local Government Act 1995 amended
120. Act amended 41
121. Section 3.38 amended 41
122. Section 3.40 amended 41
123. Section 9.13 amended 41
124. Section 9.15 amended 42
Division 30 — Magistrates Court Act 2004 amended
125. Act amended 42
126. Section 33 amended 42
Division 31 — Main Roads Act 1930 amended
127. Act amended 42
128. Section 13 amended 42
129. Section 16 amended 43
130. Section 31 amended 43
Division 32 — Marine and Harbours Act 1981 amended
131. Act amended 43
132. Section 18B amended 43
Division 33 — Mines Safety and Inspection Act 1994 amended
133. Act amended 43
134. Section 4 amended 44
Division 34 — Motor Vehicle (Third Party Insurance) Act 1943 amended
135. Act amended 44
136. Section 2 amended 44
137. Section 3 amended 44
138. Section 4 amended 45
139. Section 18 amended 46
140. Section 21 amended 46
141. Various references to “Traffic” amended 46
Division 35 — Motor Vehicle Dealers Act 1973 amended
142. Act amended 46
143. Section 5 amended 47
144. Section 28A amended 47
145. Section 33 amended 47
Division 36 — Motor Vehicle Drivers Instructors Act 1963 amended
146. Act amended 48
147. Section 3 amended 48
148. Section 5 amended 48
149. Section 7 amended 48
Division 37 — Owner‑Drivers (Contracts and Disputes) Act 2007 amended
150. Act amended 49
151. Section 3 amended 49
Division 38 — Parks and Reserves Act 1895 amended
152. Act amended 49
153. Section 2 amended 49
154. Section 7A amended 50
155. Section 7C amended 50
Division 39 — Perth Market Act 1926 amended
156. Act amended 50
157. Section 1A amended 51
Division 40 — Petroleum Products Pricing Act 1983 amended
158. Act amended 51
159. Section 3 amended 51
Division 41 — Planning and Development Act 2005 amended
160. Act amended 51
161. Section 4 amended 51
Division 42 — Prisons Act 1981 amended
162. Act amended 52
163. Section 15L amended 52
Division 43 — Prohibited Behaviour Orders Act 2010 amended
164. Act amended 52
165. Section 10 amended 52
Division 44 — Rail Safety Act 2010 amended
166. Act amended 53
167. Section 3 amended 53
Division 45 — Retail Trading Hours Act 1987 amended
168. Act amended 53
169. Section 3 amended 53
Division 46 — Road Safety Council Act 2002 amended
170. Act amended 53
171. Section 3 amended 53
172. Section 6 amended 54
173. Section 12 amended 55
Division 47 — Sentencing Act 1995 amended
174. Act amended 56
175. Section 45 amended 56
176. Section 105 amended 57
Division 48 — Taxation Administration Act 2003 amended
177. Act amended 58
178. Section 34 amended 58
Division 49 — Taxi Act 1994 amended
179. Act amended 58
180. Section 16 amended 58
181. Section 32 amended 59
Division 50 — The Criminal Code amended
182. Act amended 59
183. Section 1 amended 59
184. Section 297 amended 59
185. Section 318 amended 60
Division 51 — Transport Co‑ordination Act 1966 amended
186. Act amended 60
187. Section 27 amended 60
188. Section 32 amended 60
189. Section 42 amended 61
190. Section 47ZD amended 61
191. Section 47ZE amended 61
192. Section 47ZG amended 62
193. Section 58B amended 62
194. Section 59 amended 62
195. First Schedule amended 62
Division 52 — University of Western Australia Act 1911 amended
196. Act amended 63
197. Section 16A amended 63
Division 53 — Western Australian Sports Centre Trust Act 1986 amended
198. Act amended 63
199. Section 18D amended 63
Division 54 — Young Offenders Act 1994 amended
200. Act amended 64
201. Section 46 amended 64
202. Section 55 amended 64
203. Section 189 amended 65
Division 55 — Zoological Parks Authority Act 2001 amended
204. Act amended 65
205. Section 3 amended 65
Part 5 — Road Traffic (Administration) Act 2008 amended
206. Act amended 66
207. Long title amended 66
208. Section 4 amended 66
209. Section 8 amended 67
210. Section 11 amended 67
211. Section 12 amended 68
212. Section 13A amended 68
213. Section 16A inserted 68
16A. Disclosure of information for the purposes of the Personal Property Securities Act 2009 (Commonwealth)68
214. Section 18 amended 69
215. Section 20 amended 69
216. Section 36 amended 69
217. Section 52 amended 70
218. Section 70 replaced 70
70. Seized material: receipts, copies, access to originals 70
219. Section 105 amended 71
220. Section 109 amended 71
221. Section 111 amended 72
222. Section 116 amended 73
223. Section 133 amended 73
224. Section 143A amended 74
225. Part 9 Division 1 heading amended 74
226. Part 9 Division 1 Subdivision 1 heading amended 74
227. Section 147 amended 74
228. Part 9 Division 1 Subdivision 2 heading amended 75
229. Section 165 amended 75
230. Part 9 Division 2 heading amended 75
231. Section 166 amended 76
232. Various references to “2008” amended 76
Part 6 — Road Traffic (Authorisation to Drive) Act 2008 amended
233. Act amended 78
234. Part 6 Division 1 heading amended 78
235. Section 64 amended 78
Part 7 — Road Traffic (Vehicles) (Taxing) Act 2008 amended
236. Act amended 79
237. Long title amended 79
238. Section 3 amended 79
Road Traffic Legislation Amendment Act 2012
No. 8 of 2012
An Act —
·to repeal the Road Traffic (Vehicle Licensing) (Taxing) Act 2001; and
·to amend the Road Traffic Act 1974 and various other Acts as a consequence of the enactment of the Road Traffic (Administration) Act 2008, the Road Traffic (Authorisation to Drive) Act 2008, the Road Traffic (Vehicles) Act 2012 and the Road Traffic (Vehicles) (Taxing) Act 2008; and
·to amend the Road Traffic (Administration) Act 2008, the Road Traffic (Authorisation to Drive) Act 2008 and the Road Traffic (Vehicles) (Taxing) Act 2008,
and for related purposes.
[Assented to 21 May 2012]
The Parliament of Western Australia enacts as follows:
Part 1 — Preliminary
1. Short title
This is the Road Traffic Legislation Amendment Act 2012.
2. Commencement
This Act comes into operation as follows —
(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent (assent day);
(b) section 13(3) and (4) —
(i) if the Road Traffic Amendment (Alcohol and Drug Related Offences) Act 2011 section 8 (section 8) comes into operation on or before assent day — on the day fixed under the Road Traffic (Administration) Act 2008 section 2(b); or
(ii) otherwise — immediately after section 8 comes into operation;
(c) sections 15, 16, 17 and 18 —
(i) if the Road Traffic Legislation Amendment (Disqualification by Notice) Act 2010 section 11 (section 11) comes into operation on or before assent day — on the day fixed under the Road Traffic (Administration) Act 2008 section 2(b); or
(ii) otherwise — immediately after section 11 comes into operation;
(d) Part 2, the rest of Part 3, and Part 4 — on the day fixed under the Road Traffic (Administration) Act 2008 section 2(b);
(e) sections 208(1), 210, 211, 212 and 224 — immediately after the Road Traffic Legislation Amendment (Information) Act 2011 Part 3 comes into operation;
(f) the rest of Part 5 and Parts 6 and 7 — on the day fixed under the Road Traffic (Administration) Act 2008 section 2(b) immediately after the provisions mentioned in that section 2(b), the Road Traffic (Authorisation to Drive) Act 2008 section 2(b), and the Road Traffic (Vehicles) (Taxing) Act 2008 section 3, have come into operation.
Part 2 — Repeal
3. Act repealed
The Road Traffic (Vehicle Licensing) (Taxing) Act 2001 is repealed.
Part 3 — Consequential amendments to the Road Traffic Act 1974
4. Act amended
This Part amends the Road Traffic Act 1974.
5. Long title amended
In the long title delete “consolidate and amend the law relating to road traffic; to repeal the Traffic Act 1919” and insert:
make provision in relation to the driving and use of vehicles, the regulation of traffic
6. Section 5 replaced
Delete section 5 and insert:
5. Terms used
The Road Traffic (Administration) Act 2008 Part 1 Division 2 provides for the meanings of some terms and abbreviations in this Act.
7. Section 5A deleted
Delete section 5A.
8. Parts II to IVA deleted
Delete Parts II to IVA.
9. Section 49AA amended
In section 49AA delete the definition of bodily harm.
10. Section 49 amended
(1) In section 49(1)(a) delete “Part IVA” and insert:
the Road Traffic (Authorisation to Drive) Act 2008 Part 2
(2) In section 49(2)(a) delete “section 44(1); or” and insert:
the Road Traffic (Authorisation to Drive) Act 2008 section 11(1); or
(3) In section 49(4) delete “to the State Administrative Tribunal”.
(4) In section 49(5) delete “Director General has been ordered under section 76(3)” and insert:
CEO has been ordered under the Road Traffic (Authorisation to Drive) Act 2008 section 30(1)
11. Sections 51 and 53 deleted
Delete sections 51 and 53.
12. Sections 58 and 58A deleted
Delete sections 58 and 58A.
13. Section 64A amended
(1) In section 64A(2):
(a) in paragraph (a) delete “licence;” and insert:
licence as defined in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1); or
(b) in paragraph (d) delete “section 75(2a) or (2b)” and insert:
the Road Traffic (Authorisation to Drive) Act 2008 section 22(1) or (2)
(c) in paragraph (e) delete “licence; or” and insert:
licence as defined in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1); or
(2) In section 64A(3)(b) delete “section 75(2a) or (2b)” and insert:
the Road Traffic (Authorisation to Drive) Act 2008 section 22(1) or (2)
(3) In section 64A(5)(d) delete “gross combination mass” and insert:
GCM
(4) Delete section 64A(6).
14. Section 64AAA amended
In section 64AAA(2) in the definition of novice driver delete “section 104(2).” and insert:
the Road Traffic (Authorisation to Drive) Act 2008 section 40(2).
15. Section 71C amended
(1) In section 71C(1):
(a) in paragraph (a) delete “a member of the Police Force (the member),” and insert:
a police officer (the police officer),
(b) in paragraph (b) delete “a member of the Police Force (the member)” and insert:
a police officer (the police officer)
(2) In section 71C(2) delete “member” and insert:
police officer
(3) In section 71C(6)(a)(ii) delete “member of the Police Force” and insert:
police officer
(4) In section 71C(7), (8) and (9) delete “member” (each occurrence) and insert:
police officer
(5) In section 71C(9) delete “Director General.” and insert:
CEO.
Note: The heading to amended section 71C is to read:
Disqualification by police officer
16. Section 71E amended
(1) In section 71E(1):
(a) delete “member of the Police Force” and insert:
police officer
(b) in paragraph (a) delete “member” and insert:
police officer
(2) In section 71E(2):
(a) delete “member of the Police Force” and insert:
police officer
(b) delete “the member” and insert:
the police officer
(c) in paragraph (b) delete “Director General.” and insert:
CEO.
Note: The heading to amended section 71E is to read:
Revocation of disqualification notice by police officer
17. Section 71F amended
In section 71F(6) delete “Director General.” and insert:
CEO.
18. Section 71G amended
In section 71G(2) delete “Director General.” and insert:
CEO.
19. Section 74 amended
Delete section 74(1) and (2).
20. Sections 75 to 78 deleted
Delete sections 75 to 78.
21. Section 78A amended
In section 78A in the definition of senior police officer delete “person appointed under the Police Act 1892 Part I to be a member of the Police Force of Western Australia” and insert:
police officer
22. Section 78C amended
In section 78C(6)(b) delete “section 86A.” and insert:
any other road law in relation to the moving of vehicles.
23. Section 78D amended
In section 78D(c) delete “members of the Police Force” and insert:
police officers
24. Section 79BA amended
In section 79BA(1)(a) delete “member of the Police Force (the member)” and insert:
police officer (the police officer)
25. Section 80L amended
Delete section 80L(2) and insert:
(2) The Road Traffic (Vehicles) Act 2012 section 10(1)(a), (2), (3), (4) and (5) do not apply if the CEO is given notice under subsection (1)(a).
26. Sections 82 to 87 deleted
Delete sections 82 to 87.
27. Sections 92 to 103 deleted
Delete sections 92 to 103.
28. Part VIA deleted
Delete Part VIA.
29. Section 105 deleted
Delete section 105.
30. Section 106 amended
Delete section 106(1) and (2).
31. Sections 107, 109 and 110 deleted
Delete sections 107, 109 and 110.
32. Section 111 amended
(1) In section 111(1) delete “licensing,”.
(2) In section 111(2):
(a) in paragraph (a)(iii) and (iiia) delete “erect traffic signs and” and insert:
erect, establish or display traffic or road signs, road markings,
(b) delete paragraph (a)(iv);
(c) in paragraph (b) delete “owners, responsible persons,”;
(d) delete paragraphs (d), (da), (e), (g) and (i);
(e) in paragraph (k) delete “section, not being an offence referred to in paragraph (l) or (m);” and insert:
section;
(f) delete paragraph (l) and (m);
(g) after each of paragraph (a)(i), (ii) and (iii) insert:
or
(3) Delete section 111(2a) and (2b).
33. Section 111AA deleted
Delete section 111AA.
34. Section 111AB amended
(1) In section 111AB(2) delete “section 111(2)(d).” and insert:
section 111(2)(aa) or (c).
(2) Delete section 111AB(3) and (4).
35. Sections 111A to 113 deleted
Delete sections 111A to 113.
36. Various references to “Director General” amended
In the provisions listed in the Table delete “Director General” (each occurrence) and insert:
CEO
Table
|
s. 50A(1)(a)(ii) |
s. 79BC(4) |
|
s. 79BD(1), (2) |
s. 79B(1)(c), (3A)(b), (3C)(b) |
|
s. 80G(7) |
s. 80L(1)(a) and (b) |
|
s. 111(4)(b) and (d)(ii) |
s. 111AB(2) |
37. Various references to “member of the Police Force” amended
In the provisions listed in the Table delete “member of the Police Force” (each occurrence) and insert:
police officer
Table
|
s. 49(3) |
s. 50A(1)(b) |
|
s. 54(6) |
s. 55(4) |
|
s. 56(5)(b) |
s. 57(1), (2) |
|
s. 59B(3)(c) |
s. 60(1c)(a)(i), (1D) |
|
s. 65 def. of driver assessment |
s. 66(1), (1aa), (1a), (1b), (2), (3), (4), (5), (6), (6a), (10), (11), (12) |
|
s. 66A(1), (2), (3), (4), (5), (6), (7) |
s. 66B(1), (2), (3), (4) |
|
s. 66C(1), (2), (3), (4), (5), (6), (7) |
s. 66D(1), (3) |
|
s. 66E(1), (2), (3), (4) |
s. 66F(1) |
|
s. 67(1), (3a) |
s. 67AA(1) def. of requirement |
|
s. 67AB(1) def. of requirement |
s. 67A(1) |
|
s. 68(3), (7) |
s. 69(1) |
|
s. 69A |
s. 69B |
|
s. 70(3b) |
s. 71A(1) def. of sample |
|
s. 71B(1), (2), (3), (5), (6), (8) |
s. 78C(1), (2A), (2), (3), (4) |
|
s. 79(1), (2), (3A), (3) |
s. 79A(1) |
|
s. 79BB(2) |
s. 79BCA(2), (7) |
|
s. 79BCB(2) |
s. 79BCD(2), (7) |
|
s. 79BCE(2) |
s. 79C(1), (2), (3) |
|
s. 79D(2)(a), (7) |
|
Note: The heading to amended section 67A is to read:
Failure to comply with other requirements of police officer
38. Various references to “the member” amended
In the provisions listed in the Table delete “the member” (each occurrence) and insert:
the police officer
Table
|
s. 70(3b)(j)(i) |
s. 78C(4) |
|
s. 79(1), (3A) |
s. 79A(1) |
|
s. 79BA(1)(b), (b)(ii) and (2) |
s. 79C(1)(a) and (b), |
Part 4 — Consequential amendments to other Acts
Division 1 — Agriculture and Related Resources Protection Act 1976 amended
39. Act amended
This Division amends the Agriculture and Related Resources Protection Act 1976.
40. Section 7 amended
In section 7(1) in the definition of vehicle delete “ascribed to that term in and for the purposes of the Road Traffic Act 1974;” and insert:
given in the Road Traffic (Administration) Act 2008 section 4;
Division 2 — Biosecurity and Agriculture Management Act 2007 amended
41. Act amended
This Division amends the Biosecurity and Agriculture Management Act 2007.
42. Section 6 amended
(1) In section 6 in the definition of owner paragraph (b) delete “Road Traffic Act 1974; and” and insert:
Road Traffic (Administration) Act 2008 section 5; and
(2) In section 6 in the definition of vehicle delete “Road Traffic Act 1974;” and insert:
Road Traffic (Administration) Act 2008 section 4;
Division 3 — Botanic Gardens and Parks Authority Act 1998 amended
43. Act amended
This Division amends the Botanic Gardens and Parks Authority Act 1998.
44. Section 3 amended
(1) In section 3 in the definition of owner:
(a) in paragraph (a) delete “who holds the licence for the vehicle that is required under the Road Traffic Act 1974; or” and insert:
to whom a licence in respect of the vehicle has been granted under the Road Traffic (Vehicles) Act 2012; or
(b) in paragraph (b) delete “the vehicle is not licensed under the Road Traffic Act 1974,” and insert:
there is not such a person,
(2) In section 3 in the definition of vehicle delete “same meaning as in the Road Traffic Act 1974.” and insert:
meaning given in the Road Traffic (Administration) Act 2008 section 4.
45. Section 50 amended
In section 50(1) in the definition of speed measuring equipment delete “section 98A(2) of the Road Traffic Act 1974.” and insert:
the Road Traffic (Administration) Act 2008 section 117(2).
Division 4 — Bush Fires Act 1954 amended
46. Act amended
This Division amends the Bush Fires Act 1954.
47. Section 14B amended
In section 14B(3) delete “Road Traffic Act 1974” and insert:
Road Traffic (Vehicles) Act 2012
Division 5 — Chattel Securities Act 1987 amended
48. Act amended
This Division amends the Chattel Securities Act 1987.
49. Section 3 amended
In section 3(1) in the definition of lease:
(a) in paragraph (b) delete “within the meaning of the Road Traffic Act 1974 of which the lessor is registered or an applicant for registration as the owner under the Road Traffic Act 1974 or a corresponding Act of the Commonwealth or another state or territory of the Commonwealth; or” and insert:
as defined in the Road Traffic (Administration) Act 2008 section 4 of which the lessor is, or is applying to be, a licence holder as defined in section 6(1) of that Act; or
(b) in paragraph (c) delete “within the meaning of the Road Traffic Act 1974,” and insert:
as defined in the Road Traffic (Administration) Act 2008 section 4,
50. Section 7 amended
(1) In section 7(5)(b):
(a) delete “within the meaning of the Road Traffic Act 1974” and insert:
as defined in the Road Traffic (Administration) Act 2008 section 4
(b) delete “Road Traffic Act 1974 but” and insert:
Road Traffic (Vehicles) Act 2012 but
(2) In section 7(6)(d):
(a) delete “within the meaning of the Road Traffic Act 1974” and insert:
as defined in the Road Traffic (Administration) Act 2008 section 4
(b) delete “Road Traffic Act 1974 but” and insert:
Road Traffic (Vehicles) Act 2012 but
51. Section 13 amended
In section 13:
(a) in paragraph (a) delete “within the meaning of the Road Traffic Act 1974,” and insert:
as defined in the Road Traffic (Administration) Act 2008 section 4,
(b) in paragraph (a) delete “that Act;” and insert:
the Road Traffic (Vehicles) Act 2012;
(c) in paragraph (b) delete “that Act;” and insert:
the Road Traffic (Vehicles) Act 2012;
52. Section 30 amended
In section 30(3)(c) delete “Road Traffic Act 1974” and insert:
Road Traffic (Vehicles) Act 2012
Division 6 — Children and Community Services Act 2004 amended
53. Act amended
This Division amends the Children and Community Services Act 2004.
54. Section 102 amended
In section 102 delete “Road Traffic Act 1974)” and insert:
Road Traffic (Administration) Act 2008 section 4)
Division 7 — Children’s Court of Western Australia Act 1988 amended
55. Act amended
This Division amends the Children’s Court of Western Australia Act 1988.
56. Section 51A amended
Delete section 51A(3)(h) and insert:
(h) the CEO as defined in the Road Traffic (Administration) Act 2008 section 4;
Division 8 — Civil Judgments Enforcement Act 2004 amended
57. Act amended
This Division amends the Civil Judgments Enforcement Act 2004.
58. Section 113 amended
In section 113 in the Table insert in alphabetical order:
|
Road Traffic (Administration) Act 2008 |
|
Road Traffic (Authorisation to Drive) Act 2008 |
|
Road Traffic (Vehicles) Act 2012 |
59. Section 114 amended
In section 114(a):
(a) delete “the Road Traffic Act 1974” and insert:
a road law as defined in the Road Traffic (Administration) Act 2008 section 4
(b) delete “that Act; or” and insert:
a road law; or
Division 9 — Consumer Affairs Act 1971 amended
60. Act amended
This Division amends the Consumer Affairs Act 1971.
61. Schedule amended
In the Schedule insert in alphabetical order:
Road Traffic (Administration) Act 2008.
Road Traffic (Authorisation to Drive) Act 2008.
Road Traffic (Vehicles) Act 2012.
Division 10 — Control of Vehicles (Off‑road Areas) Act 1978 amended
62. Act amended
This Division amends the Control of Vehicles (Off‑road Areas) Act 1978.
63. Section 3 amended
(1) In section 3(1) in the definition of off‑road vehicle delete “Road Traffic Act 1974;” and insert:
Road Traffic (Vehicles) Act 2012;
(2) In section 3(1) in the definition of responsible person delete “section 5A of the Road Traffic Act 1974;” and insert:
the Road Traffic (Administration) Act 2008 section 6;
64. Section 7 amended
In section 7(1)(a) delete “Road Traffic Act 1974; or” and insert:
Road Traffic (Vehicles) Act 2012; or
65. Section 11 amended
(1) In section 11(1)(b) delete “Road Traffic Act 1974,” and insert:
Road Traffic (Vehicles) Act 2012,
(2) Delete section 11(3)(a) and insert:
(a) the Road Traffic (Administration) Act 2008 section 5(2); or
66. Section 34 amended
In section 34(2) delete “Road Traffic Act 1974,” and insert:
Road Traffic (Vehicles) Act 2012,
67. Section 36 amended
(1) In section 36 delete “the Road Traffic Act 1974,” and insert:
a road law as defined in the Road Traffic (Administration) Act 2008 section 4
(2) In section 36(a) delete “that Act” and insert:
the Road Traffic Act 1974
(3) In section 36(b) delete “in section 53, section 54, section 57, section 58, section 86A or section 89 of that Act to a member of the Police Force” and insert:
to a police officer in the Road Traffic (Administration) Act 2008 section 32, 33, 34 or 48 or the Road Traffic Act 1974 section 54, 55 or 57
Note: The heading to amended section 36 is to read:
Road law provisions
68. Section 38 amended
(1) In section 38(2):
(a) delete paragraph (ga) and insert:
(ga) a person who is authorised by the CEO under the Road Traffic (Administration) Act 2008 section 22 to perform a function that can be performed by a warden; or
(b) after each of paragraphs (a), (b), (e) and (f) insert:
or
(2) In section 38(11)(a) delete “Road Traffic Act 1974,” and insert:
Road Traffic (Vehicles) Act 2012,
(3) In section 38(12)(b) delete “Road Traffic Act 1974,” and insert:
Road Traffic (Vehicles) Act 2012,
(4) In section 38(15)(a) delete “Road Traffic Act 1974” and insert:
Road Traffic (Vehicles) Act 2012
69. Section 39 amended
In section 39(1)(a)(ii) delete “Road Traffic Act 1974; or” and insert:
Road Traffic (Vehicles) Act 2012; or
Division 11 — Court Security and Custodial Services Act 1999 amended
70. Act amended
This Division amends the Court Security and Custodial Services Act 1999.
71. Section 47 amended
Delete section 47(b) and insert:
(b) the payment of the whole or a part of a penalty under an infringement notice as defined in the Road Traffic (Administration) Act 2008 section 4 in respect of an alleged offence by the contract worker; and
(c) the payment of the whole or a part of a penalty under an infringement notice under a law, in any other part of the world, corresponding to a road law as defined in the Road Traffic (Administration) Act 2008 section 4, in respect of an alleged offence by the contract worker.
Division 12 — Credit Act 1984 amended
72. Act amended
This Division amends the Credit Act 1984.
73. Section 5 amended
In section 5(1) in the definition of commercial vehicle paragraph (a) delete “within the meaning of the Road Traffic Act 1974,” and insert:
as defined in the Road Traffic (Administration) Act 2008 section 4,
Division 13 — Criminal Appeals Act 2004 amended
74. Act amended
This Division amends the Criminal Appeals Act 2004.
75. Section 11 amended
In section 11(3) delete “the Road Traffic Act 1974,” and insert:
a road law as defined in the Road Traffic (Administration) Act 2008 section 4,
Division 14 — Criminal Investigation Act 2006 amended
76. Act amended
This Division amends the Criminal Investigation Act 2006.
77. Section 18 amended
(1) In section 18(1) in the definition of road delete “Road Traffic Act 1974 section 5(1);” and insert:
Road Traffic (Administration) Act 2008 section 4;
(2) In section 18(1) in the definition of vehicle delete “Road Traffic Act 1974 section 5(1).” and insert:
Road Traffic (Administration) Act 2008 section 4.
78. Section 28 amended
In section 28(2) delete “member of the Police Force” and insert:
police officer
79. Section 135 amended
In section 135(2)(b) delete “member of the Police Force acting under the Road Traffic Act 1974 section 66, is accompanying such a member” and insert:
police officer acting under the Road Traffic Act 1974 section 66, is accompanying a police officer
Division 15 — Criminal Procedure Act 2004 amended
80. Act amended
This Division amends the Criminal Procedure Act 2004.
81. Section 3 amended
In section 3(1) in the definition of vehicle delete “Road Traffic Act 1974;” and insert:
Road Traffic (Administration) Act 2008 section 4;
82. Section 11 amended
(1) In section 11(1) in the definition of corresponding law delete “Road Traffic Act 1974” and insert:
Road Traffic (Vehicles) Act 2012
(2) In section 11(1) in the definition of vehicle licensing law delete “Road Traffic Act 1974” and insert:
Road Traffic (Vehicles) Act 2012
Division 16 — Cross‑border Justice Act 2008 amended
83. Act amended
This Division amends the Cross‑border Justice Act 2008.
84. Section 68 amended
In section 68(2)(h) delete “the Road Traffic Act 1974” and insert:
any enactment referred to in paragraph (a) of the definition of road traffic laws in section 138(1)
85. Section 138 amended
In section 138(1) in the definition of road traffic laws paragraph (a) delete “State — the Road Traffic Act 1974; or” and insert:
State, any of the following enactments —
(i) the Road Traffic Act 1974;
(ii) the Road Traffic (Administration) Act 2008;
(iii) the Road Traffic (Authorisation to Drive) Act 2008;
(iv) the Road Traffic (Vehicles) Act 2012;
or
Division 17 — Dangerous Goods Safety Act 2004 amended
86. Act amended
This Division amends the Dangerous Goods Safety Act 2004.
87. Section 14 amended
(1) In section 14(1) delete “within the meaning of the Road Traffic Act 1974” and insert:
as defined in the Road Traffic (Administration) Act 2008 section 5
(2) In section 14(2) delete “within the meaning of the Road Traffic Act 1974” and insert:
as defined in the Road Traffic (Administration) Act 2008 section 5
88. Section 15 amended
In section 15(2) delete “the owner within the meaning of the Road Traffic Act 1974 of” and insert:
a responsible person, as defined in the Road Traffic (Administration) Act 2008 section 4, for
Division 18 — Duties Act 2008 amended
89. Act amended
This Division amends the Duties Act 2008.
90. Section 228 amended
(1) In section 228 delete the definitions of:
Director General
Road Traffic Act
(2) In section 228 insert in alphabetical order:
CEO has the meaning given in the Road Traffic (Administration) Act 2008 section 4;
Vehicles Act means the Road Traffic (Vehicles) Act 2012.
(3) In section 228 in the definition of heavy vehicle delete “means a vehicle with a gross vehicle mass of more than 4.5 tonnes;” and insert:
has the meaning given in the Vehicles Act;
(4) In section 228 in the definition of motor vehicle delete “in the Road Traffic Act section 5,” and insert:
in the Road Traffic (Administration) Act 2008 section 4,
(5) In section 228 in the definition of vehicle delete “section 230(1).” and insert:
section 230(1);
91. Section 230 amended
In section 230(2) delete “Road Traffic Act Part III.” and insert:
the Vehicles Act.
92. Section 240 amended
(1) In section 240(1) delete “Road Traffic Act section 19(3).” and insert:
Vehicles Act section 7(3).
Note: The heading to amended section 240 is to read:
If no vehicle licence fee payable under Vehicles Act
(2) In section 240(2) delete “Road Traffic Act section 19(3)” and insert:
Vehicles Act section 7(3)
93. Section 243 amended
In section 243(b) delete “Road Traffic Act” and insert:
Road Traffic Act 1974 or the Vehicles Act
94. Section 244A amended
In section 244A(5):
(a) delete “Road Traffic” and insert:
Vehicles
(b) delete “section 19(3)” and insert:
regulations made under section 7(3)
95. Various references to “Road Traffic Act” amended
In the provisions listed in the Table delete “Road Traffic Act” (each occurrence) and insert:
Vehicles Act
Table
|
s. 228 def. of corresponding State law |
s. 230(1), (3) |
|
s. 235(a) |
s. 242(1)(a) and (c) |
|
s. 251(1), (2) |
s. 252(1) |
96. Various references to “Director General” amended
In the provisions listed in the Table delete “Director General” (each occurrence) and insert:
CEO
Table
|
s. 233(1) |
s. 234(2) |
|
s. 235(a) |
s. 241 |
|
s. 252(1), (3) |
s. 253(1), (2), (3) |
|
s. 255 |
|
Note: The heading to amended section 253 is to read:
Functions of CEO and Commissioner
Note: The heading to amended section 255 is to read:
CEO’s duties
Division 19 — Emergency Management Act 2005 amended
97. Act amended
This Division amends the Emergency Management Act 2005.
98. Section 68 amended
In section 68 delete “Road Traffic Act 1974” and insert:
Road Traffic (Vehicles) Act 2012
Division 20 — Environmental Protection Act 1986 amended
99. Act amended
This Division amends the Environmental Protection Act 1986.
100. Section 3 amended
(1) In section 3(1) in the definition of driver paragraph (a) delete “within the meaning of the Road Traffic Act 1974, has the meaning given by that Act; or” and insert:
as defined in the Road Traffic (Administration) Act 2008 section 4, has the meaning given by that section; or
(2) In section 3(1) in the definition of motor vehicle delete “Road Traffic Act 1974;” and insert:
Road Traffic (Administration) Act 2008 section 4;
(3) In section 3(1) in the definition of owner paragraph (a) delete “within the meaning of the Road Traffic Act 1974, has the meaning given by that Act; or” and insert:
as defined in the Road Traffic (Administration) Act 2008 section 4, has the meaning given by section 5 of that Act; or
(4) In section 3(1) in the definition of road delete “Road Traffic Act 1974;” and insert:
Road Traffic (Administration) Act 2008 section 4;
Division 21 — Fair Trading Act 2010 amended
101. Act amended
This Division amends the Fair Trading Act 2010.
102. Section 63 amended
In section 63 in the definition of motor vehicle delete “Road Traffic Act 1974 section 5(1).” and insert:
Road Traffic (Administration) Act 2008 section 4.
103. Schedule 1 amended
In Schedule 1 insert in alphabetical order:
Road Traffic (Administration) Act 2008.
Road Traffic (Authorisation to Drive) Act 2008.
Road Traffic (Vehicles) Act 2012.
Division 22 — Finance Brokers Control Act 1975 amended
104. Act amended
This Division amends the Finance Brokers Control Act 1975.
105. Section 4 amended
In section 4 in the definition of motor vehicle delete “section 5(1) of the Road Traffic Act 1974;” and insert:
the Road Traffic (Administration) Act 2008 section 4;
Division 23 — Fines, Penalties and Infringement Notices Enforcement Act 1994 amended
106. Act amended
This Division amends the Fines, Penalties and Infringement Notices Enforcement Act 1994.
107. Section 3 amended
(1) In section 3(1) delete the definition of Director General.
(2) In section 3(1) insert in alphabetical order:
Director General means the CEO as defined in the Road Traffic (Administration) Act 2008 section 4;
road law has the meaning given in the Road Traffic (Administration) Act 2008 section 4;
(3) In section 3(1) in the definition of driver’s licence delete “granted under the Road Traffic Act 1974 and includes an extraordinary licence granted under that Act;” and insert:
as defined in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1) and includes an extraordinary licence as defined in that section;
(4) In section 3(1) in the definition of vehicle licence delete “for a vehicle issued under Part III of the Road Traffic Act 1974.” and insert:
granted in respect of a vehicle under the Road Traffic (Vehicles) Act 2012.
108. Section 26 amended
(1) In section 26(1) delete “section 102 of the Road Traffic Act 1974” and insert:
the Road Traffic (Administration) Act 2008 section 79
(2) In section 26(2):
(a) delete “the Road Traffic Act 1974 —” and insert:
a road law —
(b) delete “a traffic” (each occurrence) and insert:
an
(c) delete “section 51(1)(a) of that Act and, for the purposes of Part VIA of that Act,” and insert:
the Road Traffic (Authorisation to Drive) Act 2008 section 16(1)(a), and for the purposes of Part 4 of that Act,
(3) Delete section 26(4) and insert:
(4) In subsection (2)(a) and (b) —
infringement notice has the meaning given in the Road Traffic (Administration) Act 2008 section 4.
Note: The heading to amended section 26 is to read:
Road laws: effect of proceedings under this Part
109. Various references to “the Road Traffic Act 1974” amended
In the provisions listed in the Table delete “the Road Traffic Act 1974” and insert:
a road law
Table
|
s. 9 |
s. 10 |
|
s. 19(9) |
s. 20(6) |
|
s. 27A(9) |
s. 43(9) |
|
s. 44(6) |
s. 47A(5) |
|
s. 55A(9) |
|
Division 24 — Fish Resources Management Act 1994 amended
110. Act amended
This Division amends the Fish Resources Management Act 1994.
111. Section 4 amended
In section 4(1) in the definition of vehicle delete “Road Traffic Act 1974;” and insert:
Road Traffic (Administration) Act 2008 section 4;
Division 25 — Government Railways Act 1904 amended
112. Act amended
This Division amends the Government Railways Act 1904.
113. Section 73 amended
In section 73(2A) delete “the Road Traffic Act 1974,” and insert:
a road law as defined in the Road Traffic (Administration) Act 2008 section 4,
Division 26 — Juries Act 1957 amended
114. Act amended
This Division amends the Juries Act 1957.
115. Section 5 amended
In section 5(3)(b)(iv) delete “the Road Traffic Act 1974;” and insert:
a road law as defined in the Road Traffic (Administration) Act 2008 section 4;
Division 27 — Land Administration Act 1997 amended
116. Act amended
This Division amends the Land Administration Act 1997.
117. Section 61 amended
In section 61(2)(a):
(a) delete “the Road Traffic Act 1974” and insert:
a road law as defined in the Road Traffic (Administration) Act 2008 section 4
(b) delete “within the meaning of that Act; and” and insert:
as defined in that section; and
Division 28 — Liquor Control Act 1988 amended
118. Act amended
This Division amends the Liquor Control Act 1988.
119. Section 119 amended
Delete section 119(4)(a) and insert:
(a) on a road as defined in the Road Traffic (Administration) Act 2008 section 4; or
Division 29 — Local Government Act 1995 amended
120. Act amended
This Division amends the Local Government Act 1995.
121. Section 3.38 amended
In section 3.38 in the definition of vehicle delete “Road Traffic Act 1974” and insert:
Road Traffic (Vehicles) Act 2012
122. Section 3.40 amended
In section 3.40(3) delete “Road Traffic Act 1974” and insert:
Road Traffic (Vehicles) Act 2012
123. Section 9.13 amended
In section 9.13(1) in the definition of owner delete “who holds the licence for the vehicle that is required under the Road Traffic Act 1974 or, if the vehicle is not licensed under that Act,” and insert:
to whom a licence in respect of the vehicle has been granted under the Road Traffic (Vehicles) Act 2012, or, if there is not such a person,
124. Section 9.15 amended
In section 9.15 in the definition of owner delete “who holds the licence for the vehicle that is required under the Road Traffic Act 1974 or, if the vehicle is not licensed under that Act,” and insert:
to whom a licence in respect of the vehicle has been granted under the Road Traffic (Vehicles) Act 2012, or, if there is not such a person,
Division 30 —
125. Act amended
This Division amends the
126. Section 33 amended
Delete section 33(7)(g) and insert:
(g) the CEO as defined in the Road Traffic (Administration) Act 2008 section 4;
Division 31 — Main Roads Act 1930 amended
127. Act amended
This Division amends the Main Roads Act 1930.
128. Section 13 amended
Delete section 13(4).
129. Section 16 amended
In section 16(1b) delete “by regulations made under the Road Traffic Act 1974.” and insert:
under a road law as defined in the Road Traffic (Administration) Act 2008 section 4.
130. Section 31 amended
In section 31(1)(d) delete “pursuant to the Road Traffic Act 1974,” and insert:
under the Road Traffic (Administration) Act 2008
Division 32 — Marine and Harbours Act 1981 amended
131. Act amended
This Division amends the Marine and Harbours Act 1981.
132. Section 18B amended
In section 18B(3) in the definition of motor vehicle delete “Road Traffic Act 1974.” and insert:
Road Traffic (Administration) Act 2008 section 4.
Division 33 — Mines Safety and Inspection Act 1994 amended
133. Act amended
This Division amends the Mines Safety and Inspection Act 1994.
134. Section 4 amended
In section 4(1) in the definition of mining operations paragraph (ea) delete “Road Traffic Act 1974; and” and insert:
Road Traffic (Administration) Act 2008 section 4; and
Division 34 — Motor Vehicle (Third Party Insurance) Act 1943 amended
135. Act amended
This Division amends the Motor Vehicle (Third Party Insurance) Act 1943.
136. Section 2 amended
In section 2(2) delete “defined in the Traffic Act” and insert:
defined in, or for the purposes of, the Vehicles Act
Note: The heading to amended section 2 is to read:
This Act to be read with the Road Traffic (Vehicles) Act
137. Section 3 amended
(1) In section 3(1) delete the definitions of:
Director General
Traffic Act
(2) In section 3(1) insert in alphabetical order:
Director General means the CEO as defined in the Road Traffic (Administration) Act 2008 section 4;
Vehicles Act means the Road Traffic (Vehicles) Act 2012.
(3) In section 3(1) in the definition of uninsured motor vehicle delete “instrumentality.” and insert:
instrumentality;
138. Section 4 amended
(1) In section 4(3B) delete “of an offence under section 15 of the Traffic Act” and insert:
of, or the penalty has been paid under an infringement notice served on the person for, an offence under the Vehicles Act section 4(2)
(2) In section 4(4) delete “Traffic Act a driver’s licence or” and insert:
Road Traffic (Authorisation to Drive) Act 2008 a driver’s licence or under the Vehicles Act
(3) In section 4(7A) delete “an inspector appointed under the Traffic Act or by any member of the Police Force,” and insert:
a police officer,
(4) In section 4(7B) delete “inspector or the member of the Police Force” and insert:
police officer
139. Section 18 amended
In section 18(1) delete “Traffic Act.” and insert:
Road Traffic (Authorisation to Drive) Act 2008.
140. Section 21 amended
In section 21(1C)(a) delete “provision of section 18 of the Traffic Act,” and insert:
regulation made under the Vehicles Act section 6,
141. Various references to “Traffic” amended
In the provisions listed in the Table delete “Traffic” and insert:
Vehicles
Table
|
s. 2(1) |
s. 3(1) def. of motor vehicle |
|
s. 3(5) |
s. 4(3C) |
|
s. 4(8) |
s. 4(9) |
|
s. 21(1A) |
s. 21(1C)(b) |
Division 35 — Motor Vehicle Dealers Act 1973 amended
142. Act amended
This Division amends the Motor Vehicle Dealers Act 1973.
143. Section 5 amended
(1) In section 5(1) in the definition of demonstration vehicle paragraph (a) delete “that is licensed under the provisions of the Road Traffic Act 1974 in the name of” and insert:
in respect of which a licence has been granted under the Road Traffic (Vehicles) Act 2012 to
(2) In section 5(2)(a) delete “within the meaning given thereto by the Road Traffic Act 1974; and” and insert:
as defined in the Road Traffic (Administration) Act 2008 section 4; and
144. Section 28A amended
In section 28A(2) delete “for the vehicle issued under the Road Traffic Act 1974.” and insert:
granted in respect of the vehicle under the Road Traffic (Vehicles) Act 2012.
145. Section 33 amended
In section 33(3)(e) delete “where the vehicle is not then licensed under the Road Traffic Act 1974,” and insert:
if a licence has not been granted in respect of the vehicle under the Road Traffic (Vehicles) Act 2012,
Division 36 — Motor Vehicle Drivers Instructors Act 1963 amended
146. Act amended
This Division amends the Motor Vehicle Drivers Instructors Act 1963.
147. Section 3 amended
(1) In section 3 in the definition of motor vehicle delete “Part IVA of the Road Traffic Act 1974;” and insert:
the Road Traffic (Administration) Act 2008 section 4;
(2) In section 3 in the definition of road delete “Part IVA of the Road Traffic Act 1974;” and insert:
the Road Traffic (Administration) Act 2008 section 4;
148. Section 5 amended
In section 5(1)(d) delete “Road Traffic Act 1974,” and insert:
Road Traffic (Vehicles) Act 2012,
149. Section 7 amended
(1) In section 7(3)(b) delete “such of the provisions of the Road Traffic Act 1974 and of the regulations made under that Act as relate” and insert:
any road law, as defined in the Road Traffic (Administration) Act 2008 section 4 relating
(2) In section 7(5)(e) delete “licence under the Road Traffic Act 1974,” and insert:
driver’s licence under the Road Traffic (Authorisation to Drive) Act 2008,
Division 37 — Owner‑Drivers (Contracts and Disputes) Act 2007 amended
150. Act amended
This Division amends the Owner‑Drivers (Contracts and Disputes) Act 2007.
151. Section 3 amended
(1) In section 3 delete the definition of gross vehicle mass.
(2) In section 3 in the definition of heavy vehicle delete “means a vehicle, as defined in the Road Traffic Act 1974, with a gross vehicle mass of more than 4.5 tonnes;” and insert:
has the meaning given in the Road Traffic (Vehicles) Act 2012 section 3(1);
Division 38 — Parks and Reserves Act 1895 amended
152. Act amended
This Division amends the Parks and Reserves Act 1895.
153. Section 2 amended
(1) In section 2 in the definition of owner delete “who is the holder of the requisite vehicle licence or permit under the Road Traffic Act 1974 in respect of that vehicle, or, if the vehicle is not the subject of a licence or permit under that Act,” and insert:
to whom a licence or permit in respect of the vehicle has been granted under the Road Traffic (Vehicles) Act 2012, or if there is not such a person,
(2) In section 2 in the definition of vehicle delete “that comes within the interpretation of that term in the Road Traffic Act 1974.” and insert:
as defined in the Road Traffic (Administration) Act 2008 section 4.
154. Section 7A amended
In section 7A(2) delete “Road Traffic Act 1974” and insert:
Road Traffic (Vehicles) Act 2012
155. Section 7C amended
In section 7C(1) delete “section 98A(2) of the Road Traffic Act 1974.” and insert:
the Road Traffic (Administration) Act 2008 section 117(2).
Division 39 —
156. Act amended
This Division amends the
157. Section 1A amended
In section 1A in the definition of owner delete “who is the holder of the requisite vehicle licence under the Road Traffic Act 1974 in respect of the vehicle, or, if the vehicle is not licensed under that Act,” and insert:
to whom a licence in respect of the vehicle has been granted under the Road Traffic (Vehicles) Act 2012, or if there is not such a person,
Division 40 — Petroleum Products Pricing Act 1983 amended
158. Act amended
This Division amends the Petroleum Products Pricing Act 1983.
159. Section 3 amended
In section 3(1) in the definition of motor vehicle delete “section 5 of the Road Traffic Act 1974;” and insert:
the Road Traffic (Administration) Act 2008 section 4;
Division 41 — Planning and Development Act 2005 amended
160. Act amended
This Division amends the Planning and Development Act 2005.
161. Section 4 amended
In section 4(1) in the definition of road delete “Road Traffic Act 1974)” and insert:
Road Traffic (Administration) Act 2008 section 4)
Division 42 — Prisons Act 1981 amended
162. Act amended
This Division amends the Prisons Act 1981.
163. Section 15L amended
Delete section 15L(b) and insert:
(b) the payment of the whole or a part of a penalty under an infringement notice as defined in the Road Traffic (Administration) Act 2008 section 4 in respect of an alleged offence by the contract worker; and
(c) the payment of the whole or a part of a penalty under an infringement notice under a law, in any other part of the world, corresponding to a road law as defined in the Road Traffic (Administration) Act 2008 section 4, in respect of an alleged offence by the contract worker.
Division 43 — Prohibited Behaviour Orders Act 2010 amended
164. Act amended
This Division amends the Prohibited Behaviour Orders Act 2010.
165. Section 10 amended
Delete section 10(7)(b) and insert:
(b) a condition which a court imposed when directing an extraordinary licence, as defined in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1), to be granted; or
Division 44 — Rail Safety Act 2010 amended
166. Act amended
This Division amends the Rail Safety Act 2010.
167. Section 3 amended
In section 3 in the definition of public road delete “Road Traffic Act 1974 section 5(1);” and insert:
Road Traffic (Administration) Act 2008 section 4;
Division 45 — Retail Trading Hours Act 1987 amended
168. Act amended
This Division amends the Retail Trading Hours Act 1987.
169. Section 3 amended
In section 3(1) in the definition of motor vehicle delete “Road Traffic Act 1974 section 5(1);” and insert:
Road Traffic (Administration) Act 2008 section 4;
Division 46 — Road Safety Council Act 2002 amended
170. Act amended
This Division amends the Road Safety Council Act 2002.
171. Section 3 amended
In section 3 in the definition of road delete “Road Traffic Act 1974;” and insert:
Road Traffic (Administration) Act 2008 section 4;
172. Section 6 amended
(1) In section 6(1)(e) delete “provisions of the Road Traffic Act 1974 that section 5 of that Act defines as the licensing provisions of this Act;” and insert:
Road Traffic (Administration) Act 2008;
(2) In section 6(2) delete “must be either the chief executive officer of the department of the Public Service principally assisting in the administration of the provisions of the Road Traffic Act 1974 that section 5 of that Act defines as the licensing provisions of this Act or an officer in that department whose duties relate to driver or vehicle licensing.” and insert:
must be either —
(a) the CEO as defined in the Road Traffic (Administration) Act 2008 section 4; or
(b) an officer in the department of the Public Service principally assisting in the administration of the Road Traffic (Authorisation to Drive) Act 2008 whose functions relate to the licensing of drivers; or
(c) an officer in the department of the Public Service principally assisting in the administration of the Road Traffic (Vehicles) Act 2012 whose functions relate to the granting of licences in respect of vehicles.
173. Section 12 amended
(1) In section 12(3) in the definition of photograph‑based vehicle infringement notice:
(a) delete “a traffic infringement notice under the Road Traffic Act 1974” and insert:
an infringement notice as defined in the Road Traffic (Administration) Act 2008 section 4
(b) in paragraph (a) delete “against the Road Traffic Act 1974” and insert:
under a road law as defined in section 4 of that Act
(c) in paragraph (b) delete “the provisions of the Road Traffic Act 1974 about traffic infringement notices,” and insert:
section 90 of that Act,
(2) In section 12(3) in the definition of prescribed penalty delete “the Road Traffic Act 1974 for an offence if dealt with under section 102;” and insert:
a road law as defined in the Road Traffic (Administration) Act 2008 section 4 for an offence if dealt with under section 79 of that Act;
(3) In section 12(4) delete the definition of traffic infringement notice and insert:
infringement notice includes a notice that, because of the Road Traffic (Administration) Act 2008 section 104(2), is to be regarded as being an infringement notice.
Division 47 — Sentencing Act 1995 amended
174. Act amended
This Division amends the Sentencing Act 1995.
175. Section 45 amended
In section 45(5):
(a) in paragraph (a)(i) delete “disqualify” and insert:
disqualify, under a road law as defined in the Road Traffic (Administration) Act 2008 section 4,
(b) in paragraph (a)(i) delete “under the Road Traffic Act 1974;” and insert:
as defined in that section;
(c) in paragraph (b) delete “the Road Traffic Act 1974,” and insert:
a road law as defined in the Road Traffic (Administration) Act 2008 section 4,
(d) in paragraph (b) delete “under that Act;” and insert:
as defined in that section;
176. Section 105 amended
(1) In section 105(3) delete “chief executive officer of the department of the Public Service principally assisting in the administration of the provisions of the Road Traffic Act 1974 that section 5 of that Act defines as the “licensing provisions of this Act” for the purposes of administering those provisions.” and insert:
CEO as defined in the Road Traffic (Administration) Act 2008 section 4.
(2) In section 105(4)(a):
(a) delete “disqualify” and insert:
disqualify, under a road law as defined in the Road Traffic (Administration) Act 2008 section 4,
(b) delete “under the Road Traffic Act 1974;” and insert:
as defined in that section;
(3) In section 105(5) in the definition of driver’s licence delete “Road Traffic Act 1974;” and insert:
Road Traffic (Administration) Act 2008 section 4;
(4) In section 105(5) in the definition of motor vehicle delete “Road Traffic Act 1974;” and insert:
Road Traffic (Administration) Act 2008 section 4;
Division 48 — Taxation Administration Act 2003 amended
177. Act amended
This Division amends the Taxation Administration Act 2003.
178. Section 34 amended
In section 34(2)(b) delete “a traffic infringement notice issued under the Road Traffic Act 1974 section 102,” and insert:
an infringement notice as defined in the Road Traffic (Administration) Act 2008 section 4,
Division 49 — Taxi Act 1994 amended
179. Act amended
This Division amends the Taxi Act 1994.
180. Section 16 amended
(1) In section 16(8)(b) delete “the Road Traffic Act 1974 or an Act of another State or a Territory corresponding to either of those Acts; and” and insert:
a road law as defined in the Road Traffic (Administration) Act 2008 section 4 or an Act of another State or a Territory corresponding to any of those written laws; and
(2) In section 16(10) in the definition of owner delete “section 5(1) of the Road Traffic Act 1974;” and insert:
the Road Traffic (Administration) Act 2008 section 5;
181. Section 32 amended
In section 32(2)(b) delete “issued under the Road Traffic Act 1974; and” and insert:
granted under the Road Traffic (Authorisation to Drive) Act 2008; and
Division 50 — The Criminal Code amended
182. Act amended
This Division amends The Criminal Code.
183. Section 1 amended
In section 1(1) in the definition of motor vehicle delete “Road Traffic Act 1974;” and insert:
Road Traffic (Administration) Act 2008 section 4;
184. Section 297 amended
Delete section 297(4)(c)(iii) and insert:
(iii) a taxi as defined in the Taxi Act 1994 section 3(1) or an omnibus as defined in the Transport Co‑ordination Act 1966 section 4(1);
185. Section 318 amended
Delete section 318(1)(g)(iii) and insert:
(iii) a taxi as defined in the Taxi Act 1994 section 3(1) or an omnibus as defined in the Transport Co‑ordination Act 1966 section 4(1);
Division 51 — Transport Co‑ordination Act 1966 amended
186. Act amended
This Division amends the Transport Co‑ordination Act 1966.
187. Section 27 amended
In section 27(5) delete “part of the Metropolitan Traffic Area, within the meaning of the Road Traffic Act 1974.” and insert:
road in respect of which the Commissioner may exercise power under the Main Roads Act 1930.
188. Section 32 amended
In section 32 delete “the vehicle is licensed in accordance with the Road Traffic Act 1974.” and insert:
a licence has been granted in respect of the vehicle under the Road Traffic (Vehicles) Act 2012.
Note: The heading to amended section 32 is to read:
Omnibuses to be licensed under Road Traffic (Vehicles) Act 2012
189. Section 42 amended
In section 42 delete “the vehicle is licensed for its class, under the Road Traffic Act 1974.” and insert:
a licence has been granted in respect of the vehicle under the Road Traffic (Vehicles) Act 2012 for that class of vehicle.
Note: The heading to amended section 42 is to read:
Commercial goods vehicles to be licensed under Road Traffic (Vehicles) Act 2012
190. Section 47ZD amended
In section 47ZD(4) delete “the person who is deemed to be the owner pursuant to a notice given to the Director General for the purposes of the Road Traffic Act 1974,” and insert:
the person who, under the Road Traffic (Administration) Act 2008 section 5(2), is taken to be the owner of the vehicle
191. Section 47ZE amended
In section 47ZE delete “is licensed to drive a taxi‑car under the Road Traffic Act 1974.” and insert:
holds a driver’s licence under the Road Traffic (Authorisation to Drive) Act 2008 that authorises the person to drive a taxi‑car.
Note: The heading to amended section 47ZE is to read:
Taxi drivers to be licensed under Road Traffic (Authorisation to Drive) Act 2008
192. Section 47ZG amended
Delete section 47ZG(5).
193. Section 58B amended
(1) In section 58B(3) in the definition of motor vehicle delete “Road Traffic Act 1974;” and insert:
Road Traffic (Administration) Act 2008 section 4;
(2) In section 58B(3) in the definition of owner delete “who is the holder of the requisite vehicle licence under the Road Traffic Act 1974 in respect of that vehicle,” and insert:
to whom a licence in respect of the vehicle has been granted under the Road Traffic (Vehicles) Act 2012,
194. Section 59 amended
In section 59 delete “the Road Traffic Act 1974, but that Act” and insert:
a road law as defined in the Road Traffic (Administration) Act 2008 section 4 but a road law
Note: The heading to amended section 59 is to read:
Effect of other road laws
195. First Schedule amended
In the First Schedule delete “in whose name the vehicle is licensed under the Road Traffic Act 1974.” and insert:
to whom a licence in respect of the vehicle is granted under the Road Traffic (Vehicles) Act 2012.
Division 52 —
196. Act amended
This Division amends the
197. Section 16A amended
In section 16A(1) in the definition of owner delete “Road Traffic Act 1974.” and insert:
Road Traffic (Administration) Act 2008.
Division 53 — Western Australian Sports Centre Trust Act 1986 amended
198. Act amended
This Division amends the Western Australian Sports Centre Trust Act 1986.
199. Section 18D amended
(1) In section 18D(3) in the definition of motor vehicle delete “Road Traffic Act 1974;” and insert:
Road Traffic (Administration) Act 2008 section 4;
(2) In section 18D(3) in the definition of owner delete “who is the holder of the requisite vehicle licence under the Road Traffic Act 1974 in respect of that vehicle, or, if the vehicle is not licensed under that Act,” and insert:
to whom a licence in respect of the vehicle has been granted under the Road Traffic (Vehicles) Act 2012, or, if there is not such a person,
Division 54 — Young Offenders Act 1994 amended
200. Act amended
This Division amends the Young Offenders Act 1994.
201. Section 46 amended
In section 46(5a) delete “section 106 of the Road Traffic Act 1974” and insert:
the Road Traffic (Administration) Act 2008 section 121
202. Section 55 amended
In section 55(4):
(a) delete “the Road Traffic Act 1974” and insert:
a road law as defined in the Road Traffic (Administration) Act 2008 section 4
(b) delete “under that Act” and insert:
as defined in that section
203. Section 189 amended
In section 189(8)(c) delete “issued under the Road Traffic Act 1974; or” and insert:
as that term is defined in the Road Traffic (Administration) Act 2008 section 4; or
Division 55 — Zoological Parks Authority Act 2001 amended
204. Act amended
This Division amends the Zoological Parks Authority Act 2001.
205. Section 3 amended
(1) In section 3 in the definition of owner:
(a) in paragraph (a) delete “who holds the licence for the vehicle that is required under the Road Traffic Act 1974; or” and insert:
to whom a licence in respect of the vehicle has been granted under the Road Traffic (Vehicles) Act 2012; or
(b) in paragraph (b) delete “the vehicle is not licensed under the Road Traffic Act 1974,” and insert:
there is not such a person,
(2) In section 3 in the definition of vehicle delete “Road Traffic Act 1974;” and insert:
Road Traffic (Administration) Act 2008 section 4;
Part 5 — Road Traffic (Administration) Act 2008 amended
206. Act amended
This Part amends the Road Traffic (Administration) Act 2008.
207. Long title amended
In the long title delete “(Vehicles) Act 2008” and insert:
(Vehicles) Act 2012
208. Section 4 amended
(1) In section 4 insert in alphabetical order:
optional plates information means information about optional number plates to which regulations mentioned in the Road Traffic (Vehicles) Act 2012 section 136 apply including —
(a) details of the person who have the right to use those number plates; and
(b) details of the persons to whom those number plates have been supplied;
(2) In section 4 in the definition of inspection station delete “2008 section 71;” and insert:
2012 section 70;
(3) In section 4 in the definition of permit information after “learner’s permits” insert:
or permits under the Road Traffic (Vehicles) Act 2012 section 13
(4) In section 4 in the definition of vehicle licence information:
(a) in paragraph (b) delete “licences;” and insert:
licences; and
(b) after paragraph (b) insert:
(c) information contained in the register of vehicle licences mentioned in the Road Traffic (Vehicles) Act 2012 section 14;
209. Section 8 amended
In section 8(5) delete “2008 section 65(1)(b) or 66(1)(b).” and insert:
2012 section 64(1)(b) or 65(1)(b).
210. Section 11 amended
After section 11(5A)(c) insert:
(da) optional plates information;
211. Section 12 amended
(1) In section 12(1) in the definition of relevant authorisation after paragraph (c) insert:
(da) a permit under the Road Traffic (Vehicles) Act 2012 section 13; or
(2) After section 12(2)(c) insert:
(da) optional plates information;
212. Section 13A amended
After section 13A(2)(c) insert:
(da) optional plates information;
213. Section 16A inserted
After section 15 insert:
16A. Disclosure of information for the purposes of the Personal Property Securities Act 2009 (Commonwealth)
The CEO may disclose the following information to the Registrar as defined in the Personal Property Securities Act 2009 (Commonwealth) section 10 —
(a) information relating to vehicles that have been stolen or written off;
(b) vehicle licence information that the CEO considers to be relevant to the operation of the register as defined in that Act.
214. Section 18 amended
In section 18(2):
(a) in paragraph (c) delete “2008 section 64(2) or (3), 65(2) or (5) or 66(3) or (5); or” and insert:
2012 section 63(2) or (3), 64(2) or (5) or 65(3) or (5); or
(b) in paragraph (d) delete “2008 section 68(2); or” and insert:
2012 section 67(2); or
(c) in paragraph (e) delete “2008 section 72(1); or” and insert:
2012 section 71(1); or
215. Section 20 amended
In section 20(3) delete “2008 section 38(g), 44(g) or 46(j)” and insert:
2012 section 37(h), 43(g) or 45(j)
216. Section 36 amended
In section 36(3) in the definition of label delete “2009 section 15 or 26;” and insert:
2012 section 15 or 27;
217. Section 52 amended
In section 52(2)(b) delete “2008 section 71.” and insert:
2012 section 70.
218. Section 70 replaced
Delete section 70 and insert:
70. Seized material: receipts, copies, access to originals
(1) In this section —
entitled person, in relation to a seized record, means a person who —
(a) appears entitled to possession of the record; and
(b) does not already have a copy of the record.
(2) A police officer who seizes and removes a record, device or other thing under Division 5 must give a receipt for it to the person from whom it is seized and removed.
(3) A police officer must give a copy of a seized record to an entitled person, on the request of the entitled person to do so, as soon as possible after the request is received but in any event not later than the period ending 6 months after the day on which the request is received.
(4) A police officer must return a seized record to an entitled person, on the request of the entitled person to do so, unless the officer reasonably suspects that doing so will jeopardise the evidentiary value of the record.
(5) A police officer must allow an entitled person to inspect a seized record and make and keep a copy of it, on the request of the entitled person to do so, unless the officer reasonably suspects that doing so will jeopardise the evidentiary value of the record.
(6) Unless a police officer reasonably suspects that complying with a request mentioned in subsection (4) or (5) will jeopardise the evidentiary value of a seized record, the officer must comply with the request as soon as possible after the request is received but in any event not later than the period ending 6 months after the day on which the request is received.
219. Section 105 amended
After section 105(3) insert:
(3A) A prosecution for an offence under the Road Traffic (Vehicles) Act 2012 section 29(1) requires the approval of a prescribed person or a person of a prescribed class of persons.
(3B) Failure to comply with subsection (3A) does not affect the validity of the prosecution notice.
220. Section 109 amended
(1) In section 109(1)(m) delete “2008 section 41” and insert:
2012 section 40
(2) After section 109(2) insert:
(3) In the absence of evidence to the contrary, proof is not required in any proceedings for an offence under a road law —
(a) that the prosecutor is authorised to commence the prosecution; or
(b) that the prosecutor has any approval that is required under section 105(3A); or
(c) that a signature on the prosecution notice alleging the offence is the signature of a person authorised to commence the prosecution.
221. Section 111 amended
(1) In section 111(1):
(a) in paragraph (c)(i) delete “2008 section 67; or” and insert:
2012 section 70; or
(b) in paragraph (c)(ii) delete “2008 section 67,” and insert:
2012 section 70,
(2) In section 111(3)(d) delete “2008 section 71,” and insert:
2012 section 70,
222. Section 116 amended
In section 116(1) in the definition of office holder delete paragraph (d) and insert:
(d) a person authorised by the CEO for the purposes of section 105(2)(c); or
(e) a person who may give an approval for the purposes of section 105(3A); or
(f) an approved officer, as that term is defined in the Road Traffic (Vehicles) Act 2012 section 77.
223. Section 133 amended
In section 133:
(a) delete “The regulations” and insert:
(1) The regulations
(b) in paragraph (f) delete “2008 section 78,” and insert:
2012 section 77,
(c) at the end of section 133 insert:
(2) The regulations may provide for the review of a decision by a court, the State Administrative Tribunal or other tribunal, or any other body or person.
224. Section 143A amended
After section 143A(2) insert:
(3) Subsection (2) does not apply to information relating to particular commercial operations, even if its disclosure could not reasonably be expected to lead to the identification of the commercial operation to which it relates.
225. Part 9 Division 1 heading amended
In the heading to Part 9 Division 1 delete “(Consequential Provisions) Act 2008” and insert:
Legislation Amendment Act 2012
226. Part 9 Division 1 Subdivision 1 heading amended
In the heading to Part 9 Division 1 Subdivision 1 delete “(Consequential Provisions) Act 2008” and insert:
Legislation Amendment Act 2012
227. Section 147 amended
(1) In section 147 in the definition of amending Act delete “(Consequential Provisions) Act 2008;” and insert:
Legislation Amendment Act 2012;
(2) In section 147 in the definition of commencement day delete “(Consequential Provisions) Act 2008 Part 2” and insert:
Legislation Amendment Act 2012 Part 3
228. Part 9 Division 1 Subdivision 2 heading amended
In the heading to Part 9 Division 1 Subdivision 2 delete “(Consequential Provisions) Act 2008” and insert:
Legislation Amendment Act 2012
229. Section 165 amended
In section 165:
(a) delete “(Consequential Provisions) Act 2008 Part 3,” and insert:
Legislation Amendment Act 2012 Part 4,
(b) delete “(Consequential Provisions) Act 2008 Part 3.” and insert:
Legislation Amendment Act 2012 Part 4.
230. Part 9 Division 2 heading amended
In the heading to Part 9 Division 2 delete “2008”.
231. Section 166 amended
In section 166(2) delete “(Vehicles) Act 2008 or the Road Traffic (Consequential Provisions) Act 2008.” and insert:
(Vehicles) Act 2012 or the Road Traffic Legislation Amendment Act 2012.
232. Various references to “2008” amended
In the provisions listed in the Table delete “2008” (each occurrence) and insert:
2012
Table
|
s. 4 def. of equipment, GCM, GVM, heavy vehicle, involved person, journey documentation, light vehicle, load, passenger, road law par. (d), road transport, transport documentation and vehicle licence |
s. 6(1) def. of licensed and (2)(b) |
|
s. 10(1) |
s. 12(1) def. of permit |
|
s. 18(2)(f) |
s. 20(1) and (2) |
|
s. 28 def. of MDLR compliance purposes par. (a)(i) and MDLR offence par. (a) |
s. 36(3) def. of number plate |
|
s. 52(5)(c) and (d) |
s. 54(1) def. of premises par. (d) and (e) and (8)(a) and (b) |
|
s. 56(1)(a) |
s. 58(2)(a)(i) and (ii) |
|
s. 81(1) def. of offence and (3) |
s. 84(2) |
|
s. 85(a)(iii) |
s. 91(a) |
|
s. 106(1)(c) |
s. 109(1)(l) |
|
s. 111(3)(c) |
s. 120 |
|
s. 133(b), (c), (d), (e) and (g) |
|
Part 6 — Road Traffic (Authorisation to Drive) Act 2008 amended
233. Act amended
This Part amends the Road Traffic (Authorisation to Drive) Act 2008.
234. Part 6 Division 1 heading amended
In the heading to Part 6 Division 1 delete “(Consequential Provisions) Act 2008” and insert:
Legislation Amendment Act 2012
235. Section 64 amended
(1) In section 64 in the definition of amending Act delete “(Consequential Provisions) Act 2008;” and insert:
Legislation Amendment Act 2012;
(2) In section 64 in the definition of commencement day delete “(Consequential Provisions) Act 2008 Part 2” and insert:
Legislation Amendment Act 2012 Part 3
Part 7 — Road Traffic (Vehicles) (Taxing) Act 2008 amended
236. Act amended
This Part amends the Road Traffic (Vehicles) (Taxing) Act 2008.
237. Long title amended
In the long title delete “2008” and insert:
2012
238. Section 3 amended
In section 3 delete “2008” and insert:
2012
