Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
Commissioner includes a person for the time being
authorised by the Commissioner in writing to perform functions of the
Commissioner under this section;
interest , in relation to a vehicle, means a legal
or equitable interest, right or title in or to the ownership or possession of
the vehicle;
order means an order under section 80A(1),
80B(1), 80C(1), 80CA(1) or 80CB(1).
(2) An application for
an order —
(a) can
only be made by the Commissioner; and
(b) is
to be heard —
(i)
as part of the proceedings in which the person is
convicted of the offence because of which the order is sought; or
(ii)
in subsequent proceedings commenced no later than
3 months after the proceedings in respect of the conviction.
(3) A person is to be
regarded as having sufficient notice of the Commissioner’s intention to
make an application for an order in respect of a particular vehicle
if —
(a) the
Commissioner gives the person written notice of that intention at least
14 days before the application is made and the person is —
(i)
the driver of the vehicle; or
(ii)
a responsible person; or
(iii)
any other person who the Commissioner is aware has or may
have an interest in the vehicle;
or
(b) in
the case of a person not referred to in paragraph (a), the Commissioner
publishes notice of that intention at least 14 days before the
application is made in a newspaper having State-wide circulation.
(4) Before a court
makes an order it has to give a reasonable opportunity to show cause why the
order should not be made to —
(a) the
driver of the vehicle; and
(b) if a
person other than the driver is a responsible person for the vehicle, each
responsible person; and
(c) each
other person, if any, who has an interest in the vehicle.
(5) In determining an
application for an order other than an order under section 80A(1) the
court may have regard to —
(a)
whether the offence because of which the order is sought was committed with
the knowledge and acquiescence of a person who has an interest in the vehicle;
and
(b)
whether making the order will cause severe financial or physical hardship to a
person who has an interest in the vehicle or the usual driver of the vehicle;
and
(c) any
other relevant matter.
(6A) The court is
required to grant an application for an order that it may make under
section 80A(1) unless it is satisfied that the order would cause severe
financial or physical hardship to a person, other than the driver of the
vehicle, who has an interest in the vehicle or is the usual driver of the
vehicle.
(6) A
person —
(a) who
is given notice under subsection (3)(a); or
(b) who
has satisfied the court that the person has an interest in the vehicle,
must not, before the
application is decided, do a restricted act in respect of the vehicle unless a
court has made an order approving of the proposed act.
Penalty: 50 PU.
(7A) A person does a
restricted act in respect of the vehicle if the person —
(a)
disposes of any interest that the person has in the vehicle; or
(b) does
anything, or causes or permits another person to do anything, that results or
will result in a reduction in the value of the vehicle.
(7) If the
Commissioner advises the Director General in writing that the Commissioner
intends to apply for an order in respect of a particular vehicle, the Director
General must not, before the application is decided, transfer the licence of
the vehicle if the vehicle is licensed.
[Section 80G inserted by No. 10 of 2004
s. 13; amended by No. 4 of 2007 s. 20, 31(1) and 32;
No. 24 of 2008 s. 20; No. 23 of 2009 s. 20.]