Road Safety Council Amendment Act 2011 (WA)

Western Australia

Road Safety Council Amendment Act 2011

Western Australia

Road Safety Council Amendment Act 2011

(No. 30 of 2011)

CONTENTS

1.	Short title	2
2.	Commencement	2
3.	Act amended	2
4.	Section 5 amended	2
5.	Section 6A inserted	3

6A. Minister may give directions 3

6.	Section 12 amended	4
7.	Section 15 replaced	5

15.             Supplementary provision about laying

directions before Parliament 5

16.             Transitional provision: credits of

prescribed penalties to the Account 5

Western Australia

Road Safety Council Amendment Act 2011

No. 30 of 2011

An Act to amend the Road Safety Council Act 2002.

[Assented to 16 August 2011]

The Parliament of Western Australia enacts as follows:

Road Safety Council Amendment Act 2011

s. 1

1.             Short title

This is the Road Safety Council Amendment Act 2011.

2.             Commencement

This Act comes into operation as follows —

(a)	sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b)	the rest of the Act — on the day after that day.

3.             Act amended

This Act amends the Road Safety Council Act 2002.

4.             Section 5 amended

In section 5:

(a) in paragraph (f) delete “functions.” and insert:

functions; and

(b)	after paragraph (f) insert:
(g) to make recommendations to the Minister in compliance with directions given by the Minister under section 6A.
(c)	after each of paragraphs (a), (b), (c) and (d) insert:

and

Road Safety Council Amendment Act 2011

s. 5

5.             Section 6A inserted

After section 5 insert:

6A. Minister may give directions

(1)

The Minister may give a written direction to the

Council —

(a) specifying a proposal for how money standing to the credit of the Account should be spent to implement one or more measures of a kind

referred to in section 5(a); and

(b) requiring the Council to make a recommendation to the Minister as to whether or not money standing to the credit of the Account should be spent in accordance with the proposal.

(2)

The Council must give effect to a direction given by

the Minister under subsection (1) by recommending to

the Minister that money standing to the credit of the

Account —

(a)	should or should not be spent in accordance with the proposal specified in the direction; or
(b)	should be spent in accordance with the proposal if that proposal is modified as recommended by the Council.

(3)

The Minister must cause a copy of each direction given

under subsection (1) to be laid before each House of

Parliament within 14 days after the direction is given.

Road Safety Council Amendment Act 2011

s. 6

6.             Section 12 amended

(1) Delete section 12(2)(a) and insert:

(a) the following amounts —

(i)

paid during the prescribed period

pursuant to a photograph-based vehicle

two-thirds of each prescribed penalty which the regulations specify that this paragraph applies;

(ii)      the total amount of each prescribed penalty paid on or after 1 July 2012 pursuant to a photograph-based vehicle

infringement notice for an offence to

which the regulations specify that this

paragraph applies;

and

(2) In section 12(3) insert in alphabetical order:

prescribed period means the period that begins on the

later of the following days —

(a)	1 July 2011;
(b)	the day on which the Road Safety Council Amendment Act 2011 section 6 comes into operation,

and ends at the end of 30 June 2012.

(3)

In section 12(3) in the definition of prescribed penalty delete

“section 102.” and insert:

section 102;

Road Safety Council Amendment Act 2011

s. 7

(4)	In section 12(6) delete “on the recommendation” and insert:
having regard to the recommendations

7.             Section 15 replaced

Delete section 15 and insert:

15.           Supplementary provision about laying directions before Parliament

(1) If —

(a)	at the commencement of the period referred to in section 6A(3) in respect of a direction a House of Parliament is not sitting; and
(b)	the Minister is of the opinion that that House will not sit before the end of that period,

the Minister must transmit a copy of the direction to

the Clerk of that House.

(2)

A copy of a direction transmitted to the Clerk of a

House is taken to have been laid before that House.

(3)

The laying of a copy of a direction that is taken to have

occurred under subsection (2) is to be recorded in the

Minutes, or Votes and Proceedings, of the House on

the first sitting day of the House after the Clerk

received the copy.

16.           Transitional provision: credits of prescribed penalties to the Account

(1)

In this section —

commencement day means the day on which the Road

Safety Council Amendment Act 2011 section 6 comes

into operation;

Road Safety Council Amendment Act 2011

s. 7

former section 12(2)(a) means section 12(2)(a) as in

force immediately before commencement day.

(2) If —

(a)	commencement day is after 1 July 2011; and
(b)	in respect of the period —

(i)      beginning on 1 July 2011; and

(ii) ending immediately before

commencement day,

one-third of a prescribed penalty has been or is

to be credited to the Account under former

section 12(2)(a),

there is to be credited to the Account the amount that

results in a total amount of two-thirds of that prescribed

penalty being credited to the Account.

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