Western Australian Numbered Acts Western Australian Numbered Acts Section 58 is repealed
and the following sections are inserted instead —
“
58. Duty to identify
offending driver or person in charge of vehicle
(1) A
responsible person for a vehicle commits an offence if —
(a) an
offence against any written law is alleged to have occurred of which the
driving or being in charge of the vehicle is an element;
(b) a
member of the Police Force requests the responsible person to give information
which may lead to the identification of the driver or person in charge of the
vehicle at the time of the alleged offence;
(c) the
responsible person has, or could reasonably have ascertained, the information;
and
(d) the
responsible person fails to give the information.
Penalty: For a first offence by an individual, 24
PU.
For a subsequent
offence by an individual, 48 PU.
For an offence by a
person other than an individual, 100 PU.
(2) A
responsible person for a vehicle commits an offence if —
(a) an
offence against any written law is alleged to have occurred of which the
driving or being in charge of the vehicle is an element;
(b) a
member of the Police Force requests the responsible person to give information
which may lead to the identification of the driver or person in charge of the
vehicle at the time of the alleged offence; and
(c) the
responsible person gives false information in response to the request.
Penalty: For a first offence by an individual, 24
PU.
For a subsequent
offence by an individual, 48 PU.
For an offence by a
person other than an individual, 100 PU.
(3) In
subsections (1) and (2) —
"responsible person" includes a person to whom the
possession or control of the vehicle was entrusted at the time of the alleged
offence referred to in subsection (1)(a) or (2)(a), as the case may be.
(4)
Subsection (1) does not apply if the request for information was made in
a notice under section 102C.
(5) On a complaint
charging a person with an offence against subsection (1) the person may
be convicted of an offence against section 58A.
58A. Duty to take reasonable measures to be able
to comply with a driver identity request
(1) In this
section —
"driver identity request" means a request made
under this Act for information as to the identity of the person who was
driving or in charge of a vehicle at any particular time.
(2) A
responsible person for a vehicle commits an offence if the responsible person
fails to take reasonable measures, or make reasonable arrangements, to ensure
that if a driver identity request is made in relation to the vehicle, the
responsible person will be able to comply with it.
Penalty: For a first offence by an individual, 24
PU.
For a subsequent
offence by an individual, 48 PU.
For an offence by a
person other than an individual, 100 PU.
”.