Western Australia
Road Traffic Amendment (Vehicle Licensing) Act 2001
CONTENTS
Part 1 — Preliminary
1. Short title 2
2. Commencement 2
Part 2 — Road Traffic Act 1974 amended
3. The Act amended 3
4. Section 5 amended 3
5. Section 8 amended 3
6. Section 15 amended 3
7. Section 16 repealed 4
8. Section 17 amended 4
9. Section 18 replaced 6
18. Regulations for the grant and renewal of vehicle licences 6
10. Section 19 amended 6
11. Section 20 amended 7
12. Section 22 amended 7
13. Section 23A amended 7
14. Section 25 amended 8
15. Section 28A amended 8
16. Section 31 amended 9
17. Section 35 amended 9
18. Section 48C amended 9
19. Section 49 amended 9
20. Section 75 amended 9
21. Section 100 amended 9
22. First and Second Schedules repealed 10
23. Various references to “issue” changed to “grant” 10
24. Various references to “fee” changed to “charge” 12
Part 3 — Consequential amendments
Division 1 — Chattel Securities Act 1987 amended
25. The Act amended 13
26. Section 3 amended 13
27. Section 7 amended 13
28. Section 13 amended 14
Division 2 — Control of Vehicles (Off‑road areas) Act 1978 amended
29. The Act amended 14
30. Section 3 amended 14
31. Section 9A amended 15
32. Section 9B amended 15
Division 3 — Local Government Act 1995 amended
33. Section 3.38 amended 15
Division 4 — Stamp Act 1921 amended
34. Section 76CB amended 15
Western Australia
Road Traffic Amendment (Vehicle Licensing) Act 2001
No. 28 of 2001
An Act to —
·amend the Road Traffic Act 1974; and
·consequentially amend various other Acts,
and for related purposes.
[Assented to 21 December 2001]
The Parliament of Western Australia enacts as follows:
Part 1 — Preliminary
1. Short title
This Act may be cited as the Road Traffic Amendment (Vehicle Licensing) Act 2001.
2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) The day fixed under subsection (1) cannot be before all of the provisions of the Road Traffic Amendment Act 2000 have come into operation.
Part 2 — Road Traffic Act 1974 amended
3. The Act amended
The amendments in this Part are to the Road Traffic Act 1974*.
[* Reprinted as at 17 September 1999.
For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 393 and Acts Nos. 39 and 51 of 2000.]
4. Section 5 amended
Section 5(1) is amended as follows:
(a) by deleting the definition of “agricultural implement”;
(b) in the definition of “licensing provisions of this Act”, by deleting “and the First and Second Schedules” in paragraph (a);
(c) by deleting the definition of “vehicle licence fee” and inserting instead —
“
“vehicle licence charge” means the charge payable under section 19(3);
”.
5. Section 8 amended
Section 8(5) is amended by deleting “issue or”.
6. Section 15 amended
(1) Section 15(1) is repealed and the following subsection is inserted instead —
“
(1) A vehicle licence is required for a vehicle prescribed in the regulations.
”.
(2) Section 15(2) and (2a) are repealed.
(3) Section 15(3) is amended as follows:
(a) by deleting “or issued” in both places where it occurs;
(b) by deleting paragraph (a) and inserting instead —
“
(a) if the regulations provide that when a vehicle licence is renewed on an application made within a prescribed period after the expiry of the licence the renewal is to be regarded as having taken effect immediately after the licence expired, this subsection does not apply to the use of the vehicle within that prescribed period;
”.
(4) Section 15(4) is amended as follows:
(a) by deleting “fees” and inserting instead —
“ charges ”;
(b) by deleting “, except where the licence for the vehicle has, prior to the conviction being recorded, been renewed under section 18(5)”.
(5) Section 15(5) is amended by deleting “fees” in both places where it occurs and inserting instead —
“ charges ”.
(6) Section 15(6) is amended by inserting after “vehicle licence” —
“ document ”.
7. Section 16 repealed
Section 16 is repealed.
8. Section 17 amended
(1) Section 17(1)(b)(i) is amended by inserting after “fee” —
“ or charge ”.
(2) After section 17(1) the following subsection is inserted —
“
(1a) On the payment of —
(a) a sum ordered under section 24(3) to be paid; or
(b) a sum specified under section 102(2a) in a traffic infringement notice,
an application for a transfer under subsection (1) is to be taken to have been made, and the payment is to be taken to have been a payment under subsection (1)(b).
”.
(3) Section 17(2) is amended as follows:
(a) by inserting after “shall” —
“ , subject to the regulations, ”;
(b) after paragraph (b) by deleting “and”;
(c) after paragraph (c) by deleting the full stop and inserting —
“
;
(d) the Director General is satisfied that —
(i) the vehicle is kept primarily in this State; or
(ii) the vehicle is not kept primarily in any State or Territory;
and
(e) the applicant would not be prevented by or under the law of another State or a Territory from holding a licence for, or being registered in respect of, the vehicle.
”.
9. Section 18 replaced
Section 18 is repealed and the following section is inserted instead —
“
18. Regulations for the grant and renewal of vehicle licences
(1) The regulations may provide for the grant or renewal of a vehicle licence by the Director General to the extent that a matter is not provided for in section 17.
(2) Without limiting subsection (1), the regulations may —
(a) fix the periods for which a vehicle licence may be granted or renewed;
(b) fix the period, whether before or after the expiry of a licence, within which the licence may be renewed;
(c) if the regulations enable a licence to be renewed after its expiry, provide that renewal within a specified period after the expiry continues the licence, except that the licence is to be regarded as having been suspended on and from the day of its expiry to the day before the renewal; and
(d) provide for 3 or more vehicle licences held by the same person to expire on the same day.
”.
10. Section 19 amended
(1) Section 19(3) is amended by deleting “fee specified in Part III of the Second Schedule” and inserting instead —
“ charge prescribed in the regulations ”.
(2) Section 19(18) is amended by inserting after “fees” in both places where it occurs —
“ or charges ”.
11. Section 20 amended
Section 20(1) is amended by inserting after “fees” —
“ or charges ”.
12. Section 22 amended
Section 22(1) is amended by deleting “fees received for the issue and renewal of motor vehicle licences, other than recording fees.” and inserting instead —
“ vehicle licence charges. ”.
13. Section 23A amended
(1) Section 23A is amended as follows:
(a) by inserting before “The” the subsection designation “(1)”;
(b) by deleting “fee has” and inserting instead —
“ fees and charges have ”.
(2) At the end of section 23A the following subsection is inserted —
“
(2) The Director General may, in circumstances described in subsection (1), suspend the licence in respect of a vehicle until the circumstances giving rise to the suspension are remedied.
”.
14. Section 25 amended
Section 25(1) is amended by deleting the full stop and inserting instead —
“
, or where a licence is cancelled or suspended under section 23A.
”.
15. Section 28A amended
(1) Section 28A(1) is repealed.
(2) Section 28A(2) is amended as follows:
(a) by deleting “Where Part III of the Second Schedule is amended or substituted by regulations made under this section, that Part as in force immediately before the commencement day of those regulations” and inserting instead —
“
Where regulations made under section 19(3) are amended or replaced, the regulations as in force immediately before the commencement day of the amending or replacing regulations
”;
(b) in paragraph (b) by deleting “pursuant to section 18 (4)” and inserting instead —
“
in accordance with regulations made under section 18
”.
(3) Section 28A(3) is amended by deleting “section 36 of the Interpretation Act 1918” and inserting instead —
“ section 41 of the Interpretation Act 1984 ”.
16. Section 31 amended
Section 31 is amended by deleting “issues” and inserting instead —
“ grants ”.
17. Section 35 amended
Section 35 is amended by deleting “issue,”.
18. Section 48C amended
Section 48C(1)(a) is amended by deleting “issued”.
19. Section 49 amended
Section 49(4) is repealed and the following subsection is inserted instead —
“
(4) Regulations may except a prescribed vehicle from the application of subsection (1) when it is being driven by a person with a physical disability.
”.
20. Section 75 amended
Section 75(2) is amended by deleting “of its issue.” and inserting instead —
“ it was granted. ”.
21. Section 100 amended
Section 100(2) is amended by deleting “the issue of a renewal of the licence or of a registration label” and inserting instead —
“
the renewal of the licence or the issue of a registration label
”.
22. First and Second Schedules repealed
The First and Second Schedules are repealed.
23. Various references to “issue” changed to “grant”
(1) The Act is amended by deleting “issue” in each place where it occurs that is specified in the Table to this subsection and inserting instead —
“ grant ”.
Table
|
s. 15(4) |
s. 43(1)(d) (2 places) |
|
s. 17(1) (2 places) |
s. 44(1) |
|
s. 17(2) |
s. 47(1) |
|
s. 17(4) |
s. 47(2) |
|
s. 17(6) |
s. 48(1) |
|
s. 20(1) (2 places) |
s. 48(3)(a) |
|
s. 22(4) |
s. 48(5) |
|
s. 25(1) |
s. 48(10)(a) |
|
s. 26(1) |
s. 48C(1) |
|
s. 26(3)(a) |
s. 48C(1a) |
|
s. 27(1) (first and third places) |
s. 48C(2) |
|
s. 29(1) |
s. 49(2)(a)(i) |
|
s. 42(2) |
s. 76(1) |
|
s. 42(7) (2 places) |
s. 76(3) |
|
s. 42(8) |
s. 76(3a) |
|
s. 42B(1) |
s. 76(5)(a) |
|
s. 42B(2) |
s. 111(2)(i) |
(2) The Act is amended by deleting “issued” in each place where it occurs that is specified in the Table to this subsection and inserting instead —
“ granted ”.
Table
|
s. 5(1) (definition of “driver’s licence”) s. 5(1) (definition of “unrestricted licence”) s. 8(2) (2 places) s. 8(5) s. 19(17) (3 places) s. 19(18) (3 places) s. 20(2) s. 20(3) s. 24(4) s. 24B(3)(c) |
s. 45(1a) s. 45(3) s. 45(4) (2 places) s. 46(1)(a) s. 48(6)(a) s. 48(8) (2 places) s. 48A(1) s. 48C(2) s. 48C(3) s. 48C(4) s. 48D(1) (2 places) s. 48E(1)(b) |
|
s. 26(3)(a) s. 26(4) s. 26(5)(b) s. 27(1) s. 27(2) s. 27A(2) s. 28(b) s. 28(c) s. 32 |
s. 49(2)(b) (2 places) s. 50 s. 51(1) s. 51(3) s. 64A(3)(b) s. 75(2) s. 75(2c)(a) s. 76(3) s. 76(5)(a)(i) |
|
s. 33 (2 places) s. 36 (2 places) s. 37 (2 places) s. 38(1) s. 38(2) (first place) s. 42(7)(b) s. 45(1) (4 places) |
s. 76(6) s. 76(7)(a) s. 76(7)(b) s. 76(8)(a) s. 76(8)(b) s. 77(1) s. 77(1)(b) |
(3) The Act is amended by deleting “issued with” in each place where it occurs that is specified in the Table to this subsection and inserting instead —
“ granted ”.
Table
|
s. 31 |
s. 51(5) |
|
s. 34 |
|
(4) The Act is amended by deleting “of issue” in each place where it occurs that is specified in the Table to this subsection and inserting instead —
“ it is granted ”.
Table
|
s. 45(1a) |
s. 48C(3) |
|
s. 46(1)(a) |
|
24. Various references to “fee” changed to “charge”
The Act is amended by deleting “fee” in each place where it occurs that is specified in the Table to this section and inserting instead —
“ charge ”.
Table
|
s. 19(1) (second place) |
s. 33 (2 places) |
|
s. 19(17) (7 places) |
s. 34 (2 places) |
|
s. 24(1)(b) (2 places) |
s. 37 (3 places) |
|
s. 31 |
s. 38(1) |
Part 3 — Consequential amendments
Division 1 — Chattel Securities Act 1987 amended
25. The Act amended
The amendments in this Division are to the Chattel Securities Act 1987*.
[* Act No. 101 of 1987.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 56.]
26. Section 3 amended
Section 3(1) is amended by inserting after the definition of “supply” the following definition —
“
“trailer” means a vehicle that is built to be towed, or is towed, by a motor vehicle, whether by attachment to the motor vehicle directly or to another trailer towed by the motor vehicle, but does not include a motor vehicle that is being towed;
”.
27. Section 7 amended
(1) Section 7(5)(b) is amended by deleting “, caravan or semi‑trailer described in the First Schedule to that Act, being a motor vehicle, trailer, caravan or semi‑trailer”.
(2) Section 7(6)(d) is amended by deleting “, caravan or semi‑trailer described in the First Schedule to that Act, being a motor vehicle, trailer, caravan or semi‑trailer”.
28. Section 13 amended
Section 13(b) is amended by deleting “, caravans and semi‑trailers described in the First Schedule to the Road Traffic Act 1974, being trailers, caravans and semi‑trailers”.
Division 2 — Control of Vehicles (Off‑road areas) Act 1978 amended
29. The Act amended
The amendments in this Division are to the Control of Vehicles (Off‑road areas) Act 1978*.
[* Reprinted as at 5 March 1999.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 91.]
30. Section 3 amended
Section 3(1) is amended by deleting the definition of “motor cycle” and inserting instead the following definitions —
“
“motor car” means a vehicle that is not a motor cycle and that is designed —
(a) mainly to carry people; and
(b) to seat not more than 8 adults (including the driver);
“motor cycle” means a vehicle that —
(a) is designed to travel on 2 wheels; or
(b) although not designed to travel on 2 wheels, is designed so that the driver sits astride it, or part of it, in a manner similar to that customary for a vehicle designed to travel on 2 wheels;
”.
31. Section 9A amended
Section 9A(2) is amended by deleting “, as described in the First Schedule to the Road Traffic Act 1974,”.
32. Section 9B amended
Section 9B(3) is amended by deleting “, as described in the First Schedule to the Road Traffic Act 1974,”.
Division 3 — Local Government Act 1995 amended
33. Section 3.38 amended
Section 3.38 of the Local Government Act 1995* is amended by deleting the definition of “vehicle” and inserting the following definition —
“
“vehicle” means a vehicle for which a vehicle licence is required under the Road Traffic Act 1974 if the vehicle is to be used on a road.
”.
[* Reprinted as at 18 February 2000.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 257]
Division 4 — Stamp Act 1921 amended
34. Section 76CB amended
Section 76CB(1) of the Stamp Act 1921* is amended by inserting after the definition of “eligible vehicle” —
“
“First Schedule to the Road Traffic Act 1974” means the First Schedule to the Road Traffic Act 1974 as in force immediately before the commencement of the Road Traffic Amendment (Vehicle Licensing) Act 2001;
”.
[* Reprinted as at 22 October 1999.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 424.]
