Road Traffic Amendment Act (No. 4) 1981 (WA)

WESTERN AUSTRALIA.

ROAD TRAFFIC (No. 4).

No. 105 of 1981.

AN ACT to amend the Road Traffic Act 1974-1981.

[Assented to 4 December 1981.]

RE 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. (1) This Act may be cited as the Road Traffic Short title and citation.

Amendment Act (No. 4) 1981.

Reprinted as

(2) In this Act, the Road Traffic Act 1974-1981 is approved 22 July 1980

referred to as the principal Act.

and amended

by Acts Nos.

42, 48 and 81

of 1980, and

(3)	The principal Act as amended by this Act may	39 and 71 of
1981.

be cited as the Road Traffic Act 1974-1981.

No. 105.] Road Traffic (No. 4). [1981.

Commence-

ment. 2. This Act shall come into operation on a day

to be fixed by proclamation.

Section 5

amended. 3. Section 5 of the principal Act is amended

(a) in subsection (1)-

(i)  by deleting the definition of "Authority" and substituting the following definition-

"Board" means the Traffic Board constituted under sec- tion 6; " ;

and

(ii)  by deleting the definition of "patrolman";

and

(b) by repealing subsection (3).

Section 6

amended. 4. Section 6 of the principal Act is amended

(a) in subsection (1) by deleting "Road Traffic Authority" and substituting the following-

" Traffic Board " ; and

(b) by repealing subsections (2), (3), and (4) and substituting the following subsection-

It

(2) The Board may exercise and dis- charge the powers, authority, duties, and functions conferred or imposed upon it by or under this or any other Act. " .

Section 7

repealed and 5. Section 7 of the principal Act is repealed and

substituted. the following section is substituted

Constitution LC

of Board. 7. (1) Subject to this section, the Board

shall consist of the following 7 members

(a) the Commissioner of Police, who shall

be the Chairman of the Board;

1981.] Road Traffic (No. 4). [No. 105.

(b)	a member of the Police Force nominated by the Commissioner of Police;
(c)	the Commissioner of Main Roads or such officer of the Main Roads Department as the Commissioner, with the approval of the Minister and the Minister administering the Main Roads Act 1930, from time to time by writing addressed to the Chair- man, nominates to be a member of the Board in place of the Commis- sioner of Main Roads;
(d)	the Director General of Transport or such other person as the Director General of Transport, with the approval of the Minister and the Minister administering the State Transport Co-ordination Act 1966, from time to time by writing addressed to the Chairman, nomi- nates to be a member of the Board in place of the Director General of Transport;
(e)	a person appointed by the Governor on the nomination of the Minister from a panel of names submitted by the body known as the Local Govern- ment Association of Western Aus- tralia in accordance with subsection

(3) of this section;

(f)	a person appointed by the Governor on the nomination of the Minister from a panel of names submitted by the body known as the Country Shire Councils' Association of W.A. in accordance with subsection (3) of this section; and
(g)	a person appointed by the Governor on the nomination of the Minister from a panel of names submitted by the body known as the Country

No. 105.] Road Traffic (No. 4). [1981.

Urban Councils' Association in accordance with subsection (3) of this section.

(2) The persons who immediately before the coming into operation of the Road Traffic Amendment Act (No. 4) 1981 (in this section referred to as "the 1981 Act") were members of the Road Traffic Authority, having been so appointed under paragraphs (e), (f), and (g) of subsection (1) of this section, shall, upon the coming into operation of the 1981 Act, hold office as members of the Board and each of those persons shall be deemed to have been appointed to be a member of the Board under paragraph (e), (f), or (g) of subsection (1) of this section, as the case may require, for a period equal to the part of the term for which that person had been appointed to be a member of the Road Traffic Authority that is unexpired when the 1981 Act comes into operation.

On each occasion when an office of a member referred to in paragraph (e), (f), or (g) of subsection (1) of this section becomes vacant by the effluxion of time, the Minister shall, in writing, request the body referred to in the appropriate paragraph to submit to him, in writing, a panel containing the names of not fewer than 3 persons willing to act as members of the Board.

(3)

(4) Where a body has been requested, pursuant to subsection (3) of this section, to submit a panel of not fewer than 3 names to the Minister, the Minister

(a) shall, if such a panel is submitted to him within 21 days of the body receiving the request, nominate one of the persons whose names appear on the panel for appointment to the office of member; and

1981.] Road Traffic (No. 4). [No. 105.

(b) may, if default is made within that time in submitting such a panel to him, nominate for appointment to the office of member such person as he thinks fit, and any person so nominated may be appointed as if he had been nominated in accordance with paragraph (a) of this sub- section.

(5) The Governor may appoint any member to be Deputy Chairman of the Board for such term not exceeding 3 years as is specified in his instrument of appointment.

The person who immediately before the coming into operation of the 1981 Act was the Deputy Chairman of the Road Traffic Authority shall, upon the coming into operation of the 1981 Act, be deemed to have been appointed Deputy Chairman of the Board for a period equal to the part of the term for which that person was appointed Deputy Chairman of the Road Traffic Auth- ority which is unexpired when the 1981 Act comes into operation. " .

(6)

6. Section 8 of the principal Act is amended by Leg;iodneg.

inserting after subsection (4) the following sub-

section

C' (4a) Every person who immediately before

the coming into operation of the Road Traffic Amendment Act (No. 4) 1981 (in this subsec- tion referred to as "the 1981 Act") was the deputy of a member of the Road Traffic Authority shall, upon the coming into opera- tion of the 1981 Act, be deemed, subject to subsection (4) of this section, to have been appointed as a deputy of the same member of the Board for a period equal to the part of the term for which that person had been appointed to be a deputy which is unexpired when the 1981 Act comes into operation. " .

No. 105.] Road Traffic (No. 4). [1981.

Section 11

amended. 7. Section 11 of the principal Act is amended in subsection (1) by deleting "Subject to" and substi- tuting the following

CI

Subject to subsection (1) of section 13 and to " .

Section 12

amended. 8. Section 12 of the principal Act is amended

(a) by repealing subsection (1); and

(b) in subsection (3), by deleting paragraph (a) and substituting the following para- graph

" (a) delegate to the Commissioner of Police or to any public authority or officer or employee thereof specified in the instrument of delegation all or any of its powers and functions under this Act; and " .

Section 13

amended. 9. Section 13 of the principal Act is amended

(a) by repealing subsections (1), (2), and (3) and substituting the following subsection

II

(1) The Commissioner of Police shall be responsible for the control and regulation of traffic in the State and the enforcement of this Act and the regulations. " ; and

(b) by repealing subsections (5), (6), and (7).

Section 26

amended. 10. Section 26 of the principal Act is amended in subsection (5) by deleting paragraph (a) and substituting the following paragraph-

" (a) shall be signed by a person authorized

so to do by the Board; " .

Section 55

amended. 11. Section 55 of the principal Act is amended

in subsection (1) by deleting-

" or office of the Authority " .

1981.] Road Traffic (No. 4). [No. 105.

Section 68

Section 66 of the principal Act is amended in subsection (2) by deleting "an office of the Authority, police station or some other place, and may require that person to wait at any such office, police station or place" and substituting the following- amended.

12.

" a police station or some other place, and may require that person to wait at any such police station or place "

Section 86

Section 86 of the principal Act is amended in subsection (3) (b) by deleting "or officer of the Authority at the police station or office of the Authority" and substituting the following- amended.

13.

" at the police station " .

Section 98

14. Section 98 of the principal Act is amended amended.

(a) in subsection (2), by deleting "chief executive officer of the Authority or any person authorized by him" and substituting the following-

" Board or any person authorized by the

Board "

(b) by repealing subsection (2a); and

(c) in subsection (3), by deleting—

; and

(b) no proof shall be required that a person who is or has been a police officer or member of the Police Force, is or was at any relevant time a patrolman " .

15. Section 101 of the principal Act is amended section

by deleting-

" officer or employee of the Authority, patrolman,

No. 105.] Road Traffic (No. 4). [1981.

Section 107

amended. 16. Section 107 of the principal Act is amended

in subsection (3)-

(a) by deleting "patrolman," and

(b) by deleting "an officer of the Authority" and substituting the following-

" a person " .

Section 110

amended.	17. Section 110 of the principal Act is amended in subsection (3) by deleting "patrolman or" in both places where it occurs.
Section 111

amended. 18. Section 111 of the principal Act is amended

in paragraph (da) of subsection (2)-

(a)	by deleting ", whether officers of the Authority or not," in subparagraph (i); and
(b)	by deleting ", whether officers of the Authority or not," in subparagraph (iv).

References

to "Authority'

and 19. The principal Act is amended

"patrolman" In principal Act. (a) by deleting "Authority" wherever it occurs and substituting in each case the following-

" Board "; and

(b) by deleting "patrolman" wherever it occurs and substituting in each case the following-

" member of the Police Force " .