Transport Co-ordination Amendment Act 2000 (WA)

Western Australia

Transport Co-ordination Amendment Act

2000

Western Australia

Transport Co-ordination Amendment Act

2000

CONTENTS

1.	Short title	1
2.	Commencement	1
3.	Principal Act	1
4.	Long title amended	2
5.	Section 7 amended	2
6.	Section 15A amended	3
7.	Section 18C amended	3
8.	Section 18D amended	5
9.	Section 18G inserted	5

18G.

Guarantee by Treasurer

10.	Section 50 amended	6
11.	Section 56 amended	6
12.	Section 58A inserted	6

58A.	Infringement notices	6
58B.	Owner onus in relation to motor vehicles	8

13.	Section 60 amended	10
14.	Validation	11

Western Australia

Transport Co-ordination Amendment Act 2000

No. 40 of 2000

An Act to amend the Transport Co-ordination Act 1966 and for related purposes.

[Assented to 2 November 2000]

The Parliament of Western Australia enacts as follows:

5	1.	Short title
This Act may be cited as the Transport Co-ordination Amendment Act 2000.
2.	Commencement
This Act comes into operation on which it receives the Royal
10	Assent.
3.	Principal Act
In this Act the Transport Co-ordination Act 1966* is referred to as the principal Act.
[* Reprinted as at 9 September 1997. .

Transport Co-ordination Amendment Act 2000

s. 4

For subsequent amendments see 1997 Index to Legislation of

Western Australia, Table 1, pp. 237-8.]

4. Long title amended

The long title to the principal Act is amended by inserting after

5 “State,” the following —

“

in certain circumstances to provide or to arrange for the

provision of certain forms of public transport,

”.

Section 7 amended

Section 7 of the principal Act is amended by inserting after

subsection (3) the following subsections —

“

(4)	The Minister may, by writing under the Minister’s seal,

15 empower a person, either generally or in respect of a specified matter or specified matters, as the agent or attorney of the Minister to execute deeds or other

instruments on the Minister’s behalf, and a deed or

other instrument executed by such an agent or attorney

20 on behalf of the Minister binds the Minister and has the same effect as if it were under the seal of the Minister.

(5)	For the purposes of this Act, the Minister may make use of a facsimile of —

(a) the Minister's seal; or

25	(b)	the signature of the Minister or of an agent or attorney empowered to execute deeds or other instruments on the Minister's behalf under
subsection (4),

and a deed or other instrument purporting to be

30 endorsed with such a facsimile shall, until the contrary is shown, be deemed to have been sealed or signed by

Transport Co-ordination Amendment Act 2000

s. 6

the Minister, or by an agent or attorney, referred to in

paragraph (b), as the case requires.

”.

6. Section 15A amended

5	Section 15A of the principal Act is amended by inserting after subsection (6) the following subsection —

“

(7)	The due payment of moneys payable by the Treasurer under a guarantee under this section is to be charged to

10 and paid out of the Consolidated Fund, and this subsection appropriates that fund accordingly.

”.

7. Section 18C amended

Section 18C of the principal Act is amended —

(a)

by repealing subsection (1) and substituting the following subsection —

“

(1)	It is a function of the Minister to do any, or a combination of any, of the following —

20	(a)	to provide reliable, efficient and economic passenger services by omnibus, ferry and train in the metropolitan area;
(b)	to arrange, manage, facilitate and promote the provision of reliable, efficient and economic
25	passenger services by omnibus, ferry and train in the metropolitan area,

so far as in the Minister's opinion it is practicable to do

so.

”;

30 and

Transport Co-ordination Amendment Act 2000

s. 7

(b)	by inserting after subsection (2) the following subsections —

“

(3)	Without limiting subsection (2), for the purpose of the

performance of one or more of the functions described subsection (4), may —

(a)	acquire, hold, give security over, or dispose of real and personal property (including disposal

10 for the purpose of subsequently acquiring the same property or any part of, or interest in, the property); and

(b)	enter into any agreement, arrangement or transaction, financial or otherwise, that the

15 Minister thinks is expedient.

(4)	Where under subsection (3)(b) the Minister enters into an agreement, arrangement or transaction to acquire or dispose of all or any substantial part of the Transperth omnibus fleet (however described), the Minister must,

20 within 3 days when the Parliament is next sitting, cause to be tabled in both Houses of Parliament —

(a)	a cost/benefit statement including details of expected savings projected over the terms of the agreement, arrangement or transaction; and

(b)

a certificate issued by the Under Treasurer verifying that the savings are reasonably attainable.

(5)	In this section —
“acquire” includes taking on lease or licence or in any other manner in which an interest in property may be acquired;

“dispose of” includes dispose of by way of lease, licence or bailment or in any other manner in which an interest in property may be disposed of.

Transport Co-ordination Amendment Act 2000

”.

8. Section 18D amended

Section 18D(1) of the principal Act is amended —

(a)	by inserting after “the Minister may” the following —

5 “

, without limiting section 18C (3),

”;

(b)	in paragraph (b) by deleting the full stop and substituting a comma; and

(c)

by inserting after paragraph (b) the following —

“

and, for the purposes of this subsection, may exercise

all or any of the powers of the Minister under

section 18C (2) or (3).

15 ”.

9. Section 18G inserted

After section 18F of the principal Act the following section is

inserted —

“

18G.

Guarantee by Treasurer

(1)	The Treasurer may, in the name and on behalf of the Crown in right of the State, guarantee the payment of any financial obligations of the Minister under an
agreement, arrangement or transaction entered into

25 under section 18C (3).

(2)

A guarantee is to be in such form and subject to such

terms and conditions as the Treasurer determines.

(3)

The due payment of moneys payable by the Treasurer

under a guarantee is to be charged to and paid out of

Transport Co-ordination Amendment Act 2000

s. 10

the Consolidated Fund, and this subsection

appropriates that fund accordingly.

(4)	The Treasurer is to cause to be credited to the Consolidated Fund any amounts received or recovered

5 from the Minister or otherwise in respect of any payment made by the Treasurer under a guarantee.

”.

10. Section 50 amended

Section 50 (1) of the principal Act is amended by deleting the

penalty at the end of the subsection and substituting the “

Penalty for an individual:$2 500.

Penalty for a body corporate:$10 000.

15 ”.

11. Section 56 amended

Section 56 of the principal Act is amended —

(a)	by deleting “$200” and substituting the following —

“ $2 000 ”; and

(b)

by deleting “$40” and substituting the following —

“ $400 ”.

12. Section 58A inserted

After section 58 of the principal Act the following sections are

inserted —

58A.

Infringement notices

(1)	A reference in subsection (2), (3), (5) or (7) to an “authorized person” is a reference to a person appointed under subsection (10) to be an authorized

Transport Co-ordination Amendment Act 2000

s. 12

person for the purposes of the subsection in which the

term is used.

(2)	Subject to section 58B, an authorized person who has reason to believe that a person has committed a

5 prescribed offence against this Act or the regulations may, within 28 days after the alleged offence is believed to have been committed, give an infringement notice to the alleged offender.

(3)	An infringement notice is to be in the prescribed form

10 and is to —

(a)	contain a description of the alleged offence;
(b)

advise that if the alleged offender does not wish heard and determined by a court, the amount of

15 money specified in the notice as being the modified penalty for the offence may be paid to an authorized person within a period of 28 days after the giving of the notice; and

(c)	inform the alleged offender as to who are

20 authorized persons for the purposes of receiving payment of modified penalties.

(4)	In an infringement notice the amount specified as being the modified penalty for the offence referred to in the notice is to be the amount that was the modified

25 penalty prescribed by regulation at the time the alleged offence is believed to have been committed.

(5)	An authorized person may, in a particular case, extend the period of 28 days within which the modified penalty may be paid and the extension may be allowed

30 whether or not the period of 28 days has elapsed.

(6)	Where the modified penalty specified in an infringement notice has been paid within 28 days or such further time as is allowed and the notice has not

Transport Co-ordination Amendment Act 2000

s. 12

been withdrawn, the bringing of proceedings and the

imposition of penalties are prevented to the same

extent as they would be if the alleged offender had

been convicted by a court of, and punished for, the

5 alleged offence.

(7)	An authorized person may, whether or not the modified penalty has been paid, withdraw an infringement notice by sending to the alleged offender a notice in the
prescribed form stating that the infringement notice has

10 been withdrawn.

(8)

If an infringement notice is withdrawn after the

modified penalty has been paid, the amount is to be

refunded.

(9)

Payment of a modified penalty is not to be regarded as

15 an admission for the purposes of any proceedings, whether civil or criminal.

(10)	The Director General may, in writing appoint persons or classes of persons to be authorized persons for the purposes of subsection (2), (3), (5) or (7) but a person

20 who is authorized to give infringement notices under subsection (2) is not eligible to be an authorized person for the purposes of any of the other subsections.

(11)	The Director General shall issue to each person who is authorized to give infringement notices under this

25 section a certificate stating that the person is so authorized, and the authorized person is to produce the certificate whenever required to do so by a person to whom he or she has given or is about to give an infringement notice.

58B.

Owner onus in relation to motor vehicles

(1)	If an allegation is made of a prescribed offence against this Act or the regulations where an element of that offence is the parking, standing or leaving of a motor

Transport Co-ordination Amendment Act 2000

s. 12

vehicle, and the identity of the driver or person in

charge of the motor vehicle at the time of the

commission of that offence cannot be immediately

established, an infringement notice in respect of that

5 allegation may be served under section 58A (2) on the owner of the motor vehicle —

(a)	at the owner's last known place of residence or business; or
(b)	by leaving the infringement notice in or on, or

10 attaching it to, the motor vehicle.

(2)	When an infringement notice is served on the owner of a motor vehicle in the circumstances referred to in subsection (1), then, unless within the period stated in the infringement notice or that period as extended —

(a)

the modified penalty is paid; or

(b) the owner —

(i) identifies to an authorized person the person who was the driver or person in charge of the motor vehicle at the

20 relevant time; or

(ii) satisfies an authorized person that, at the relevant time, the motor vehicle had been stolen or unlawfully taken or was being unlawfully used,

25	the owner is deemed to be the driver or person in charge of the motor vehicle at the time of the commission of the alleged offence.

(3)	In this section —
“authorized person” means an authorized person appointed under section 58A (10) for purposes other than to serve infringement notices under section 58A (2);

Transport Co-ordination Amendment Act 2000

s. 13

“motor vehicle” has the meaning given by the Road

Traffic Act 1974;

“owner” in relation to a vehicle means the person who

is the holder of the requisite vehicle licence under

5 the Road Traffic Act 1974 in respect of that vehicle, or, if the vehicle is not licensed under that Act, the person who owns the vehicle or is entitled to its possession.

13. Section 60 amended

10 Section 60 of the principal Act is amended —

(a)	in subsection (2) by inserting after paragraph (o) the following paragraphs —

“

(oa)	the prescription of offences for which an

15 infringement notice may be given under section 58A;

(ob)	the prescription of a modified penalty not exceeding $500 for an offence prescribed under paragraph (oa);

20 ”.

(b)	by inserting after subsection (2a) the following subsection —

“

(2b)	Without limiting subsection (1), the Governor may

25 make regulations with respect to passenger services provided in accordance with Division 4 of Part II, and in particular —

(a)	providing for the setting of fares for those services by the Director General and

30 prescribing the manner in which the fares are to be set;

(b)	providing the conditions under which persons may use the facilities of those services; and

Transport Co-ordination Amendment Act 2000

s. 14

(c)	regulating the conduct of persons using those services.

”.

and

5	(c)	in subsection (3) (b) by deleting ``$500'' and substituting the following —
“ $2 000 ”.

14. Validation

For the avoidance of doubt, any thing done by the Minister

10 before the coming into operation of section 7 that the Minister would have been empowered to do if section 18C of the principal Act as amended by that section had then been in force is declared to be, and to have always been, valid.