Road Traffic Legislation Amendment Act 2016 (WA)

Western Australia

Western Australia

Road Traffic Legislation Amendment Act 2016

No. 25 of 2016

An Act to amend —

the Road Traffic Act 1974; and

the Road Traffic (Administration) Act 2008; and

the Road Traffic (Authorisation to Drive) Act 2008; and

the Young Offenders Act 1994.

[Assented to 21 September 2016]

The Parliament of Western Australia enacts as follows:

This is the Road Traffic Legislation Amendment Act 2016.

This Act comes into operation as follows —

• (a)

  Part 1 — on the day on which this Act receives the Royal Assent (assent day);

• (b)

  Part 2 — on the day after assent day;

• (c)

  Part 3 — on a day fixed by proclamation, and different days may be fixed for different provisions.

This Division amends the Road Traffic Act 1974.

Delete section 50.

• (1)

  In section 54(3) delete each penalty and insert:

   

Penalty for this subsection: imprisonment for —

• (a)

  20 years, if the incident occasioned death and, in any event, the court convicting the person must order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 2 years;

• (b)

  14 years, if the incident occasioned grievous bodily harm but not death and, in any event, the court convicting the person must order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 2 years;

• (c)

  10 years, in any other case and, in any event, the court convicting the person must order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 12 months.

Summary conviction penalty in a case to which paragraph (c) applies: imprisonment for 3 years and, in any event, the court convicting the person must order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 12 months.

• (2)

  Delete section 54(4).

• (3)

  In section 54(6) in the Penalty delete “Penalty:” and insert:

   

Penalty for this subsection:

• (1)

  In section 56(1):

  • (a)

    after “bodily harm to” insert:

     

  the driver or

   
  • (b)

    delete “to the officer in charge of a police station.” and insert:

     

to —

• (a)

  the officer in charge of a police station; or

• (b)

  the Commissioner of Police in a manner approved by the Commissioner.

   

• (2)

  In section 56(4) delete “to the officer in charge of a police station.” and insert:

   

to —

• (a)

  the officer in charge of a police station; or

• (b)

  the Commissioner of Police in a manner approved by…