Transport Amendment Act 1980 (WA)
WESTERN AUSTRALIA.
TRANSPORT.
No. 47 of 1980
AN ACT to amend the Transport Act 1966-1979.
[Assented to 19 November 1980.]
BE it enacted by the Queen's Most ExcellentMajesty, 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 Transport 2,Tgaiitn
Amendment Act 1980.
Approved for
| (2) In this Act the Transport Act 1966-1979 is | reprint 21 June 1977 |
| referred to as the principal Act. | and amended by Acts Nos. 53 of 1977. 9 of 1979 and 93 |
(3)
| The principal Act as amended by this Act may be cited as the Transport Act 1966-1980. | of 1979. |
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Long title
| amended. | 2. The long title to the principal Act is |
amended
| (a) | by inserting after "appointment" the following |
"and functions" ; and
| (b) | by inserting after "sea" the following "and as to the construction or closure of railways" . |
Section 3
| amended. | 3. Section 3 of the principal Act is amended by deleting the reference to Division 2 of Part II and substituting the following |
"Division 2.—Functions, Powers and Duties of the Commissioner.—Ss. 15B-18.
Division 3.—Construction or Closure of
Railways.—S. 18A. "
Section 4
| amended. | 4. Section 4 of the principal Act is amended in subsection (1) by inserting after the definition of "section" the following definition- |
" "transport service" means any service for
the carriage of passengers or goods,
whether by road, rail, air, or sea; " .
Section 7
| amended. | 5. Section 7 of the principal Act is amended |
| (a) | in subsection (1) by deleting "For the purposes of this Act there" and substituting the following |
"There" ;
(b) by repealing subsection (2); and
| (c) | in subsection (3) by deleting "For the purposes of this Act the" and substituting the following- |
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| Part II of the principal Act is amended by inserting before "Powers" in the heading to Division | Heading toPart It Division 2 | amended. |
| 2 the following |
6.
"Functions," .
7. Part II of the principal Act is amended by ISr7:=5B
inserting after the heading "Division 2.—Powers and Duties of the Commissioner." the following section-
| " 15B. (1) Subject to this Act and to the | Functions. |
| general control of the Minister, the Commis- sioner is responsible for the administration of this Act. |
(2) It is the function of the Commissioner
to
| (a) | investigate and inquire into existing transport services for the purpose of- |
(i) ascertaining the need of, and priorities for, the investment therein of public money;
| (ii) | determining the adequacy of existing services; |
(iii) ensuring the impartial and equitable treatment of conflict- ing interests;
| (b) | recommend to the Minister the provision of new or additional road transport services and the calling of tenders; |
(c) examine and report to the Minister on any proposal for the construction of a new railway;
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| (d) | recommend to the Minister the closure or partial suspension of any transport service, including a railway; |
| (e) | advise the Minister on the administra- tion of- |
| (i) | the Eastern Goldfields Transport Board Act 1946; |
| (ii) | the Taxi-cars (Co-ordination and Control) Act 1963; and |
| (f) | perform duties as directed by the Minister relating to other matters associated with or affecting transport. |
(3) Without affecting any other provision of this section, the Commissioner shall, as the Treasurer may from time to time require, report on, and make recommendations in respect of, the appropriation of moneys, the application of loan funds, and public borrowing, under, and for the purposes of, either of the Acts mentioned in paragraph (e) of subsection (2) of this section. " .
Division 3
| of Part II | 8. Part II of the principal Act is amended by |
| inserted. |
inserting after section 18 the following heading and
section
U Division 3.—Construction or Closure of Railways.
Minister to
| table report | 18A. Before the second reading of a Bill for the construction, or for the closure, of a railway the Minister shall cause the report or the recommendation, as the case may be, made by the Commissioner in that regard pursuant to section fifteen B to be laid before each House of Parliament, in turn. " . |
| or recom- | |
| mendation. |
| 1980.] | Transport. | [No. 47. |
9. Section 26 of the principal Act is amended— ==fled?
|
" applicant; and
| (e) | the interests of persons requiring transport to be provided, and of the community generally. " . |
Section 35
| 10. Section 35 of the principal Act is amended | amended. |
in subsection (3) by deleting "seven" in paragraph
| (b) | and substituting the following "fourteen" . |
Section 45
| 11. Section 45 of the principal Act is amended | amended. |
| (a) | by deleting "and" after paragraph (c); and |
| (b) | by deleting "applicant." in paragraph (d) and substituting the following- |
" applicant; and
| (e) | the interests of persons requiring transport to be provided, and of the community generally. " . |
12. Section 47G of the principal Act is amended— ,Tggodne;170
| (a) | in subsection (1) by deleting the definition of "motor spirit" and substituting the following definition |
"motor spirit" means petrol or other petroleum or shale spirit having a flashpoint of less than 23° Celsius when tested in an Abel Pensky
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closed test apparatus but does not
include
(a) aviation gasoline;
(b) solvents;
(c) special boiling point spirits;
(d) liquefied petroleum gas; or
| (e) | any substance prescribed under subsection (5);" ; |
and
| (b) | by inserting after subsection (4) the following subsection- |
" (5) The Governor may by regulation prescribe any substance as not being a motor spirit for the purposes of this Part. " .
| Section 49 | 13. Section 49 of the principal Act is amended |
amended.
| (a) | by repealing subsection (1) and sub- stituting the following subsections- |
" (1) For the purpose of ascertaining whether the provisions of this Act or of any regulation made under this Act are being or have been contravened, a member of the Police Force or any person authorised in that behalf in writing by the Commissioner (whether generally or in any particular case) may
| (a) | require the owner and the driver of a vehicle, and any other person whom he has reasonable grounds to believe may have information as to the operation of any vehicle, — |
(i) to produce for inspection
any licence, permit, or
other document that, by
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this Act or the regulations, is required to be obtained in respect of a vehicle or its operation or carried on a vehicle;
(ii) to state his name and place of abode;
(iii) to permit an inspection to be made of any vehicle or of any load; or
(iv) to give information in respect of any load, its despatch and receipt, including the identity of the person who hired the vehicle for the carriage of that load and the identity of the consignor and consignee of any of the goods which that load contains;
| (b) | at any time stop and detain any vehicle and inspect any goods which the load of that vehicle contains or any documents pertaining thereto; |
| (c) | having lawfully entered upon any premises where he has reasonable cause to suspect that any vehicle, goods or documents concerned in any offence or suspected offence or attempt to commit an offence may be found, thereon search for and inspect any such vehicle, goods or documents; |
| (d) | take copies of or extracts or notes from, any accounts, records, books or other documents, so inspected; and |
(e) be accompanied and assisted by an
interpreter,
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and a person disclosing information pursuant to a requirement under this subsection or permitting inspection of, or the taking of copies, extracts, or notes of, any document under this subsection does not thereby commit a breach of any duty of secrecy however imposed.
(la) If a justice is satisfied on oath by a person who is a member of the Police Force or is authorised in writing by the Commissioner to exercise the power conferred by paragraph (c) of subsection (1) of this section that
| (a) | there is reasonable cause to suspect that any vehicle, goods or documents concerned in any offence or suspected offence or attempt to commit an offence may be found on any premises; and |
| (b) | the issue of the warrant is reasonably required for the purpose referred to in subsection (1) of this section, |
the justice may by warrant under his hand in the prescribed form authorise that person, together with any other person named in the warrant or any member, or as the case may be, other member, of the Police Force, to enter the premises, if necessary by force. " ;
(b) in subsection (2)-
| (i) | by deleting "paragraph (d)" and substituting the following |
"subparagraph (iv) of paragraph
(a)" ; and
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(ii) by inserting at the foot of the subsection the following
"Penalty: For a first offence, not more than two hundred dollars, for a second offence, not more than three hundred dollars, and for a third or subsequent offence, not more than five hundred dollars, but, in the case of a fourth or subsequent offence committed within a period of three years since the date of the last conviction under this sub- section where it is shown that the accused has engaged in a course of conduct in contra- vention of this Act, not less than two hundred dollars." ;
and
(c) in subsection (3)-
(i) by inserting before "threaten" in paragraph (b) the following
"assault," ; and
| (ii) | by deleting "One hundred dollars" and substituting the following |
"Four hundred dollars, or imprisonment for a term not exceeding six months".
14. Section 50 of the principal Act is amended— amended
(a) in subsection (1), as to the penalty-
(i) by deleting "for a third offence, not more than five hundred dollars, and,
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for any" and substituting the
following
"and for a third or subsequent offence, not more than five hundred dollars, but, in the case of a fourth or"; and
(ii) by deleting "and not more than five hundred dollars" ; and
| (b) | by repealing subsection (3) and substitut- ing the following subsection- |
" (3) Where
| (a) | the driver or the owner of a public vehicle is convicted of an offence under this section relating to the operation of the public vehicle; and |
| (b) | there is before the court by or before which the person is convicted a certificate purporting to be signed by an officer authorised in that behalf by the Commissioner specifying the amount of the licence fee that the Commissioner would have deter- mined to be payable in respect of an appropriate licence authorising such operation had such a licence been applied for and issued, |
the certificate is conclusive evidence of the matter certified therein without proof of the signature of the officer purporting to have signed it or proof that the purported signatory was authorised in that behalf by the Commissioner, and the court shall, in addition to any other penalty inflicted for the offence, order the person convicted to pay to the Commissioner the amount specified in the certificate. " .
Section 52
| repealed. | 15. Section 52 of the principal Act is repealed. |
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16. Section 62 of the principal Act is amended— g,.;IliTep
| (a) | by inserting after subsection (2) the following subsection- |
" (2a) A reference in subsection (2) of this section to moneys received by the Commissioner includes a reference to moneys, if any, received by the Commissioner by way of ex gratia payments. "
| (b) | in subsection (3) by inserting before "and" after paragraph (c) the following paragraph- |
" (ca) such amount as is, in the opinion of the Treasurer of the State, necessary or expedient to maintain a trust fund to be held by the Commissioner and applied, as and when the Commissioner thinks fit, towards the provision, maintenance or improvement of any aircraft landing ground or of any facilities thought necessary for the safe operation of any aircraft using or about to use any aircraft landing ground; " ;
and
(c) in subsection (4)-
(1) by deleting "three portions in the proportion that the licence fees derived respectively from licences issued for omnibuses, commercial goods vehicles and aircraft bear to the aggregate of all" and substituting the following
"two portions in the proportion that the licence fees derived respectively from licences issued
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for omnibuses and commercial goods vehicles bear to the aggregate of such" ;
| (ii) | by inserting "and" after paragraph (a); |
(iii) by deleting "roads; and" before paragraph (c) and substituting the following
"roads." ; and
(iv) by deleting paragraph (c).
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