Road Traffic (Wardens) Amendment Regulations 1997 (WA)

31 January 19971	GOVERNMENT GAZETTE	687
ROAD TRAFFIC ACT 1974

ROAD TRAFFIC (WARDENS) AMENDMENT REGULATIONS 1997

Made by His Excellency the Governor in Executive Council.

Citation

1.     These regulations may be cited as the Road Traffic (Wardens) Amendment

Regulations 1997.

Commencement

2.     These regulations come into operation on the day on which the Road Traffic

Amendment Act 1996 comes into operation.

Principal regulations

8.     In these regulations the Road Traffic (Wardens) Regulations 1986* are

referred to as the principal regulations.

[* Published in Gazette 28 November 1986 pp. 4382-4.

For amendments to 15 January 1997 see 1995 Index to Legislation of Western Australia, Table 4, p. 245.1

Regulation 1A inserted

4.     After regulation 1 of the principal regulations the following regulation is

inserted -

Interpretation

IA. In these regulations -

"section" means a section of the Act.

Regulation 2 repealed and a regulation substituted

5.     Regulation 2 of the principal regulations is repealed and the following

regulation is substituted -

shall be read as including a reference to a transport warden.	member of the Police Force in a provision referred to in subregulation (1)
the form of Form 1. (4) The certificate of appointment of a transport warden shall be in pp

Transport wardens

24 (1) For the purposes referred to in section 7 (3), a warden appointed

member of the Police Force by the provisions of - under section 7 (2) as a transport warden has the powers conferred on a

(a)	sections 53 and 58;
(b)	regulation 202 of the Road Traffic Code 1975;
(c)	the Road Traffic (Licensing) Regulations 1975; and
(d)	the Road Traffic (Vehicle Standards) Regulations 1977.

on a warden appointed under section 7 (2).	(2)	Subregulation (1) does not limit any power conferred by the Act
(3)	For the purposes referred to in section 7 (3), a reference to a

688 GOVERNMENT GAZETTE [31 January 1997

Regulation 3 amended

6.     (1) Regulation 3 (1) of the principal regulations is amended -

(a) by inserting after "as a warden appointed" the following -

under section 7 (1) "; and

(b) by deleting "is empowered" and substituting the following -

has, for the purposes referred to in section 7 (3), the powers ".

(2) After regulation 3 (1) of the principal regulations the following

subregulation is inserted -

"

on a warden appointed under section 7 (1). (la) Subregulation (1) does not limit any power conferred by the Act

"Board." and substituting the following - (3) Regulation 3 (2) of the principal regulations is amended by deleting

Commissioner of Police. ".

Regulation 4 amended

7. Regulation 4 of the principal regulations is amended -

by inserting after the regulation designation "4." the subregulation

(a)	designation "(1)";
(b)	by inserting after "as a warden appointed" the following -

under section 7 (1) ";

(c) by deleting "shall have" and substituting the following -

has, for the purposes referred to in section 7 (3), "; and

(d) by inserting the following subregulations -

"

(2) Subregulation (1) does not limit any power conferred

by the Act on a warden appointed under section 7 (1).

(3) For the purposes referred to in section 7 (3), a

reference to a member of the Police Force in a provision
referred to in subregulation (1) shall be read as including a
reference to a warden appointed under section 7 (1) to perform the duties referred to in that subregulation.

Regulation 5 amended

8. Regulation 5 of the principal regulations is amended -

(a) by inserting after the regulation designation "5." the subregulation

designation "(1)";

(b) by inserting after "appointed a warden" the following -

under section 7 (2)

(c)	in paragraph (b) -
(i) by deleting "has power - "and substituting the following -

"

has, for the purposes referred to in section 7 (3), the powers -

31 January 19971 GOVERNMENT GAZETTE 689

and

(ii) by deleting subparagraphs (ii) and (iii) and substituting the	following subparagraphs -
44

(ii)     conferred on a member of the Police Force by the provisions of regulations 107 and 109 of the Road

Traffic (Vehicle Standards) Regulations 1977; and

conferred on a member of the Police Force by the

(iii)    Road Traffic (Licensing) Regulations 1975. provisions of regulations 25 (2) and 26C (5) of the

and

(d) by inserting the following subregulations -

"

Subregulation (1) does not limit any rower conferred reference to a member of the Police Force in a provision (3) For the purposes referred to in section 7 (3), a shall be read as including a reference to a warden appointed referred to in paragraph (b) (ii) or (iii) of subregulation (1)

by the Act on a warden appointed under section 7 (2).	(2)
subregulation.	under section 7 (2) to perform the duties referred to in that

Regulation 6 repealed

9.     Regulation 6 of the principal regulations is repealed.

Schedule amended

10.    (1) Form 1 in the Schedule to the principal regulations is deleted and

the following form is substituted -

"

Road Traffic Act 1974

Reg. 2 Form I

CERTIFICATE OF APPOINTMENT OF

This is to certify that ...................................... TRANSPORT WARDEN

of.....................................................

Act 1974 to perform duties relating to the licensing provisions of the Act is duly appointed a warden under section 7 (2) of the Road Traffic

and has such powers as are conferred on such wardens by the Act and

regulation 2 of the Road Traffic (Wardens) Regulations 1986.

Dated this .......................19. . .

Director General of Transport

(2) Form 2 in the Schedule to the principal regulations is amended -

(a) by deleting "the provisions of section 13" and substituting the	following -
41 section 7 (1) ";and

690 GOVERNMENT GAZETTE [31 January 1997

(b) by deleting "Traffic Board" and substituting the following —

" Commissioner of Police ".

(3) Form 3 in the Schedule to the principal regulations is amended —

(a)	by deleting "section 13" and substituting the following — " section 7 (1) "; and
(b)	by deleting "Traffic Board" and substituting the following — " Commissioner of Police ".

(4) Form 4 in the Schedule to the principal regulations is amended —

by deleting "the provisions of section 13" and substituting the

(a) following —

" section 7 (2) "; and

(b) by deleting "Traffic Board" and substituting the following — " Director General of Transport ".

(5) Form 5 in the Schedule to the principal regulations is deleted.

By His Excellency's Command,

J. PRITCHARD, Clerk of the Council.