Acts Amendment (Traffic Board) Act 1981 (WA)

WESTERN AUSTRALIA.

ACTS AMENDMENT

(TRAFFIC BOARD).

No. 106 of 1981.

AN ACT to amend the Motor Vehicle Drivers Instructors Act 1963-1974, the Motor Vehicle (Third Party Insurance) Act 1943-1976, the Motor Vehicle Dealers Act 1973-1979, the Taxi- cars (Co-ordination and Control) Act 1963- 1980, the Transport Act 1966-1981, the Main Roads Act 1930-1980, the Control of Vehicles (Off-road areas) Act 1978 and the Stamp Act 1921-1981.

[Assented to 4 December 1981.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. This Act may be cited as the Acts Amendment Short title.

(Traffic Board) Act 1981.

No. 106.]	Acts Amendment	[1981.
(Traffic Board).

Commence-

ment. 2. This Act shall come into operation on the day fixed for the coming into operation of the Road Traffic Amendment Act (No. 4) 1981.

PART I.—MOTOR VEHICLE DRIVERS

INSTRUCTORS ACT 1963-1974.

Citation.

Reprinted 3. (1) In this Part the Motor Vehicle Drivers

12 July 1977. principal Act. approved Instructors Act 1963-1974 is referred to as the (2) The principal Act as amended by this Act may be cited as the Motor Vehicle Drivers Instructors Act 1963-1981.

Section 3

Section 3 of the principal Act is amended by

deleting the definition of "Authority" and substitut-

ing the following definition-

amended. 4.

" "Board" means the Traffic Board constituted under the Road Traffic Act 1974; "

Certain 5.

The principal Act is amended by deleting "Authority" wherever it occurs in the provisions referred to in the Schedule to this section and substituting in each case the following-

references

to Authority

amended.

" Board "

SCHEDULE.

Provision.

Section 4 Section 7 Section 8 (2) (b)

Section 9 Section 10 Section 11 Section 12 Section 13 (3)

Section 14 (1).

1981.] Acts Amendment [No. 106.

(Traffic Board).

6.    Section 5 of the principal Act is amended in amended.

subsection (3) by deleting "and the Authority".

Section 1

7.    Section 13 of the principal Act is amended by amended.3

repealing subsection (1) and substituting the

following subsection

tg

(1) The Board may, with the approval of the Minister, either generally or in relation to a matter or class of matters, by instrument in writing, delegate to the Commissioner of Police or any officer of the public service any or all of its powers, authorities, duties, or functions under this Act, except this power of delegation. " .

PART II.-MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943-1976.

8.    (1) In this Part the Motor Vehicle (Third .Cletpartiint

Party Insurance) Act 1943-1976 is referred to as the approved	it January
principal Act.	1981.
(2) The principal Act as amended by this Act may be cited as the Motor Vehicle (Third Party Insurance) Act 1943-1981.
Section 3

9.

Section 3 of the principal Act is amended in

subsection (1) by deleting the definition of "Auth-

ority" and substituting the following definition

amended.

"Board" means the Traffic Board constituted

under the Traffic Act and any person or

body acting on behalf of the Board. " .

No. 106.] Acts Amendment [1981.

(Traffic Board).

Section 3R

Section 3R of the principal Act is amended

by deleting "Authority" wherever it occurs and sub-

stituting in each case the following-

amended. 10.

" Board "

Section 4

Section 4 of the principal Act is amended in subsections (8) and (9a) by deleting "Authority" wherever it occurs and substituting in each case the following-

amended. 11.

" Board " .

Section 12

Section 12 of the principal Act is amended in

subsection (6) by deleting "Authority" and sub-

stituting the following-

amended. 12.

" Board " .

Section 32A

Inserted.	13. After section 32 of the principal Act, the following section is inserted-
Board may

delegate.

32A. (1) The Board may, with the approval of the Minister, either generally or in relation to a matter or class of matters, by instrument in writing, delegate to the Com- missioner of Police or to any officer of the public service or to any public authority or officer or employee thereof specified in the instrument of delegation any of its powers, authorities, duties or functions under this Act, except this power of delegation.

(2) A power so delegated may be exercised by the delegate in accordance with the instru- ment of delegation.

Where the exercise of any power, auth- ority, duty or function of the Board under this Act is dependent upon the opinion, belief or state of mind of the Board in relation to any

(3)

1981.] Acts Amendment [No. 106.

(Traffic Board).

matter or class of matters and that power, authority, duty or function has been delegated by the Board, in pursuance of this section, that power, authority, duty or function may be exercised upon the opinion, belief or state of mind of the delegate. " .

PART III.-MOTOR VEHICLE DEALERS

ACT 1973-1979.

Citation.

14. (1) In this Part the Motor Vehicle Dealers Act 1973-1979 is referred to as the principal Act.

Reprinted

as approved

14 December

1978 and

amended by

Act No. 49

(2) The principal Act as amended by this Act may be cited as the Motor Vehicle Dealers Act 1973-1981.

of 1979.

15. Section 25 of the principal Act is amended— =a

(a)	in subsection (2), by deleting "or any authorized officer of the Road Traffic Authority"; and
(b)	in subsection (2b), by deleting "or any authorized officer of the Road Traffic Authority".

Section 27

16. Section 27 of the principal Act is amended in subsection (1)- amended.

(a)	by deleting "any authorized officer of the Road Traffic Authority"; and
(b)	by deleting ", authorized officer" wherever it occurs.

17. Section 28 of the principal Act is amended in s:,=10,18

subsection (1) by deleting "authorized officer of the Road Traffic Authority" in both places where it occurs.

No. 106.] Acts Amendment [1981.

(Traffic Board).

PART IV.-TAXI-CARS (CO-ORDINATION

AND CONTROL) ACT 1963-1980.

Reprinted18. (1) In this Part the Taxi-cars (Co-ordination

Citation.

14 July 1977	as approved and Control) Act 1963-1980 is referred to as the
and amended principal Act.	by Acts Nos.

68 of 1977,

27 and 92 of

1978, and 10,

48 and 50 of (2) The principal Act as amended by this Act may be cited as the Taxi-cars (Co-ordination and Control) Act 1963-1981.

1980.

Section 3

amended. 19. Section 3 of the principal Act is amended in

subsection (1) by deleting the full stop at the end of the definition of "taxi-stand" and substituting the following

C4

; and

"Traffic Board" means the Traffic Board constituted under the Road Traffic Act 1974. "

Section 5

Section 5 of the principal Act is amended in subsection (3) by deleting "Road Traffic Authority established under section six of the Road Traffic Act, 1974" in paragraph (b) and substituting the following-

amended. 20.

" Traffic Board "

Section 7 21.

Section 7 of the principal Act is amended by

deleting "Road Traffic Authority" and substituting

the following-

amended.

" Traffic Board " .

Section 14

Section 14 of the principal Act is amended

in subsection (3) by deleting "Road Traffic Auth-

ority" and substituting the following-

amended. 22.

" Traffic Board " .

1981.] Acts Amendment [No. 106.

(Traffic Board).

Section 16

23.

Section 16 of the principal Act is amended in subsection (2) by deleting "Road Traffic Auth- ority" in subparagraph (ii) of paragraph (a) and substituting the following- amended.

" Traffic Board " .

PART V.-TRANSPORT ACT 1966-1981.

24. is referred to as theprincipal Act.	(1) In this Part the Transport Act 1966-1981 Citation.	Reprinted	as approved
21 June 1977
by Acts Nos. and amended

(2) The Transport Act 1966-1981 as amended by 93.V.d18'377d

this Act may be cited as the Transport Act 149879i 477 te	1966-1981.	and 8.56
and 70 of
1981.
Section 4

Section 4 of the principal Act is amended in subsection (1) by deleting "or of the staff of the Road Traffic Authority" in the definition of "officer".	amended.
Section 47ZD

25.

26. in subsection (4) by deleting "Road Traffic Authority" and substituting the following- Section 47ZD of the principal Act is amended amended.

" Traffic Board " .

Section 47ZF

27.

Section 47ZF of the principal Act is amended in subsection (1) by deleting "Road Traffic Authority" in paragraph (s) and substituting the following- amended.

" Traffic Board constituted by the Road Traffic Act 1974 " .

PART VI.-MAIN ROADS ACT 1930-1980.

d d

28. (1) In this Part the Main Roads Act 1930- Reprinte as approved

1980 is referred to as the principal Act.	/6 December
1976 and
amended by

(2) The Main Roads Act 1930-1980 as amended ;o0 977

by this Act may be cited as the Main Roads Act (9,,,,11917gi,

1930-1981. 1980.

No. 106.]	Acts Amendment	[1981.
(Traffic Board).

Section 32

amended. 29. Section 32 of the principal Act is amended in subsection (1) by deleting "Road Traffic Authority" in both places where it occurs in paragraph (c) and substituting in each case the following-

" Traffic Board " .

PART VII.-CONTROL OF VEHICLES (OFF-ROAD

AREAS) ACT 1978.

Citation.

(1) In this Part, the Control of Vehicles (Off-

(2) The Control of Vehicles (Off-road areas) Act

1978 as amended by this Act may be cited as the

Control of Vehicles (Off-road areas) Act 1978-1981.

30.

Act No. 117

of 1978.

road areas) Act 1978 is referred to as the principal

Act.

Section 3

amended. 31. Section 3 of the principal Act is amended in

subsection (1)-

(a)	by deleting the definition of "Authority"; and
(b)	by inserting after the definition of "road" the following definition

"Traffic Board" means the Traffic Board constituted by the Road Traffic Act 1974, and includes, where the circumstances so require, a public authority acting as the agent of the Traffic Board in respect of the registration of a vehicle pursuant to regulations made under this Act; and " .

Section 5

amended. 32. Section 5 of the principal Act is amended in subsection (1) by deleting "Road Traffic Authority" and substituting the following-

" Traffic Board " .

1981.]	Acts Amendment	[No. 106.
(Traffic Board).

Section 36

33. paragraph (b) by deleting "patrolman" and sub- stituting the following- Section 36 of the principal Act is amended in amended.

" member of the Police Force " .

34. The principal Act is amended by deleting F..egggees

"Authority" wherever it occurs in the provisions lAelltdherty

referred to in the Schedule to this section and sub-

stituting in each case the following-

" Traffic Board " .

SCHEDULE.

Provision

Section 3 (2) Section 5 (2) Section 11 (3) Section 28

Section 29

Section 30

Section 31 (2)

Section 32

Section 34 (2)

Section 38

Section 42

Section 43.

Section 36A

35. After section 36 of the principal Act, the inserted.

following section is inserted

CC 36A. (1) The Traffic Board may, with the

Traffic

Board may

approval of the Minister, either generally or	delegate.
in relation to a matter or class of matters by instrument in writing, delegate to the Commissioner of Police or any officer of the public service any or all of its powers, authorities, duties, or functions under this Act, except this power of delegation.

No. 106.]	Acts Amendment	[1981.
(Traffic Board).

A power so delegated may be exercised

by the delegate in accordance with the

instrument of delegation.

(2)

(3) Where the exercise of any power, authority, duty or function of the Traffic Board under this Act is dependent upon the opinion, belief or state of mind of the Traffic Board in relation to any matter or class of matters and that power, authority, duty or function has been delegated by the Traffic Board, in pursuance of this section, that power, authority, duty or function may be exercised upon the opinion, belief or state of mind of the delegate. " .

PART VIII.-STAMP ACT 1921-1981.

Citation.	36.	(1) In this Part the Stamp Act 1921-1981 is
Reprinted
as approved

25 March

referred to as the principal Act.

1980 and

amended BY

Acts Nos.

47 of 1979, (2) The principal Act as amended by this Act may

83 of 1980,

be cited as the Stamp Act 1921-1981.

and 80 of

1981.

Section 76B 37.

Section 76B of the principal Act is amended

by inserting after the definition of "motor vehicle"

the following definition

amended.

"Traffic Board" means the Traffic Board constituted under section 6 of the Road Traffic Act 1974; and " .

Section 76C

amended. 38. Section 76C of the principal Act is amended in subsections (2) and (3) by deleting "Road Traffic Authority" wherever it occurs and substituting in each case the following-

" Traffic Board " .