Western Australian Numbered Acts Western Australian Numbered Acts After the heading to
Part V Division 4 Subdivision 4 the following sections are
inserted —
“
80IA. Release of vehicle that was
impounded
(1) When a vehicle has
been impounded under section 79 or 79A or on an order under
section 80(1), 80B(1) or 80CA(1) and the impounding period ends, the
Commissioner is to ensure that the vehicle is released if the responsible
person applies in an approved manner for its release.
(2)
Subsection (1) does not prevent the Commissioner from refusing under
subsection (3) or section 80IB or 80I(1) to release the
vehicle.
(3) The Commissioner
may refuse to release the vehicle until the place where it is stored is open
to the public.
80IB. Payment for impounding expenses before
vehicle released
(1) When a vehicle has
been impounded under section 79 or 79A or on an order under
section 80(1), 80B(1) or 80CA(1) and the impounding period ends, the
Commissioner may refuse to release the vehicle until the Commissioner has been
paid an amount specified by the Commissioner as being equivalent to all
expenses reasonably incurred by the Commissioner in impounding the vehicle.
(2)
Subsection (1) applies even if the person seeking the release of the
vehicle is not the person suspected of having committed, or found to have
committed, the offence for which the vehicle was impounded.
(3) The Commissioner
may release the vehicle without requiring payment of the amount described in
subsection (1) if the Commissioner considers it appropriate in the
circumstances to do so.
(4) If payment of the
amount described in subsection (1) is made for the release of the
vehicle, that payment extinguishes any liability under section 79E or
80H, as the case requires, to pay the Commissioner for expenses of the
impounding even though the payment may not have been made by the person who
was liable under that section.
(5) In the case of a
vehicle impounded under section 79 or 79A the Commissioner has to
refund, to the person who made the payment, an amount described in
subsection (1) that was paid to the Commissioner for the release of the
vehicle if —
(a) no
charge of committing the offence for which the vehicle was impounded is laid
during the period of one year after the day on which the offence is
suspected to have been committed; or
(b)
during the period described in paragraph (a) a person is charged with
committing the offence but the person is not convicted of that offence within
that period or within an extension of that period ordered by the court.
”.