Government Railways (Removal and Disposal of Vehicles) Amendment By-law 2020 (WA)

23 October 2020 GOVERNMENT GAZETTE, WA 3859

TN303

Government Railways Act 1904

Government Railways (Removal and Disposal of

Vehicles) Amendment By-law 2020

SL 2020/207

Made by the Public Transport Authority of Western Australia and approved by the Governor in Executive Council.

1.   Citation

This by-law is the Government Railways (Removal and

Disposal of Vehicles) Amendment By-law 2020.

2. Commencement

This by-law comes into operation as follows —

(a)	rules 1 and 2— on the day on which this by-law is published in the Gazette;
(b)	the rest of the by-law — on the day after that day.

3. By-law amended

This by-law amends the Government Railways (Removal and

Disposal of Vehicles) By-law 1978.

4.           Rule 2 deleted

Delete rule 2.

5. Rule 4 amended

In rule 4 delete "purpose of removing into custody any vehicle left on a railway for a period in excess of 7 days." and insert:

purposes of this by-law.

6.           Rule 5 replaced

Delete rule 5 and insert:

5. Entry and removal of vehicles

(1) If a vehicle is left on a railway for a period in excess of

7 days, an authorised person may use such force as is
necessary to enter the vehicle for the purposes of

3860 GOVERNMENT GAZETTE, WA 23 October 2020

removing it and may remove the vehicle to an

appointed place.

(2) If an authorised person is of the opinion that a vehicle
left on a railway creates a hazard or is unsafe, the
authorised person may use such force as is necessary to
enter the vehicle for the purposes of removing it and
may remove the vehicle to an appointed place.

7.           Rule 8 amended

(I) In rule 8(l):

(a) delete "A vehicle shall not be sold" and insert:

The authority must not sell or otherwise dispose of a vehicle

(b) in paragraph (b) delete "in writing by prepaid registered mail" and insert:

by email or post

(2)	In rule 8(2) after "sell" (first occurrence) insert:
or otherwise dispose of
Note: The heading to amended rule 8 is to read:

Prerequisites of disposal

8.            Rule 9 replaced

Delete nile 9 and insert

9.            Application of proceeds of sale of vehicle

If a vehicle is sold or otherwise disposed of under this by-law the proceeds of a sale (if any) of the vehicle may be applied by the Authority towards recouping the costs of the removal, custody and disposal of the vehicle.

9.            Rule 10 amended

(1) In rule 10(1):

(a) delete "and sale" and insert:

and disposal

23 October 2020 GOVERNMENT GAZETTE, WA 3861

(b)	delete "the sale" and insert:
a sale (if any)

(2) In rule 10(2):

(a)	delete "the sale" and insert:
a sale (if any)
(b)	delete "and sale" and insert:

and disposal

10.     Rule 11 amended

In rule 11:

(a) delete "custody - $2 per kilometre." and insert:

custody - $60 plus $2.60 per kilometre.

(b) delete "vehicle - $1 for each day of custody." and

insert:

vehicle - $10 for each day or part day of custody.

The common seal of the
Public Transport Authority

of Western Australia was

affixed, as authorised by the

Authority, in the presence

of— PETER WORONZOW, A/Chief Executive Officer.