{"id":"BILL-WA-014CA9EC436B5DD448258C6700322C56","name":"Control of Vehicles (Off-road Areas) Amendment Bill 2025","slug":"control-of-vehicles-off-road-areas-amendment-bill-2025","collection":"bill","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2025-04-09","administeringDepartment":null,"currentVersion":{"id":446166,"registerId":"BILL-WA-014CA9EC436B5DD448258C6700322C56:current","compilationNumber":null,"startDate":"2025-04-09","status":"in_force","reasons":null,"registeredAt":"2026-05-08T16:47:39.070Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Control of Vehicles (Off-road Areas) Amendment Bill 2025\n\n7—1 page i\nWestern Australia\nControl of Vehicles (Off-road Areas)\nAmendment Bill 2025\nContents\n1. Short title 2\n2. Commencement 2\n3. Act amended 2\n4. Section 28A amended 2\n5. Section 29A amended 2\n6. Section 31 amended 3\n7. Section 34 amended 4\n8. Section 35 amended 4\n9. Section 37 amended 5\n10. Section 41 deleted 5\n11. Section 46 amended 5\n12. Section 48 amended 5\n13. Section 50 inserted 6\n50. Transitional provision for Control of\nVehicles (Off-road Areas) Amendment\nAct 2025 6\n14. Various penalties amended 6\n15. Various references to “shall” amended 8\n\npage 1\nWestern Australia\nLEGISLATIVE COUNCIL\nControl of Vehicles (Off-road Areas)\nAmendment Bill 2025\nA Bill for\nAn Act to amend the Control of Vehicles (Off-road Areas) Act 1978.\nThe Parliament of Western Australia enacts as follows:\n\nControl of Vehicles (Off-road Areas) Amendment Bill 2025\ns. 1\npage 2\n1. Short title1\nThis is the Control of Vehicles (Off-road Areas) Amendment2\nAct 2025.3\n2. Commencement4\nThis Act comes into operation as follows —5\n(a) sections 1 and 2 — on the day on which this Act6\nreceives the Royal Assent (assent day);7\n(b) sections 3, 5(4), 7(2), 9 to 12, 14 and 15 — on the day8\nafter assent day;9\n(c) the rest of the Act — on a day fixed by proclamation.10\n3. Act amended11\nThis Act amends the Control of Vehicles (Off-road Areas)12\nAct 1978.13\n4. Section 28A amended14\n(1) Delete section 28A(1)(b).15\n(2) In section 28A(2)(b) after “plate” insert:16\n17\nor label18\n19\n5. Section 29A amended20\n(1) In section 29A(1):21\n(a) in paragraph (a) delete “writing” and insert:22\n23\nthe approved form24\n25\n\nControl of Vehicles (Off-road Areas) Amendment Bill 2025\ns. 6\npage 3\n(b) in paragraph (b) after “plate” insert:1\n2\n(if any)3\n4\n(2) In section 29A(2) delete “writing” and insert:5\n6\nthe approved form7\n8\n(3) In section 29A(3)(b) after “plates” insert:9\n10\n(if any)11\n12\n(4) At the end of section 29A(5) insert:13\n14\nPenalty for this subsection: a fine of $5 000.15\n16\n6. Section 31 amended17\n(1) In section 31(2) after “plate” insert:18\n19\n(if any)20\n21\n(2) In section 31(3)(b) after “plate” insert:22\n23\nor label24\n25\n\nControl of Vehicles (Off-road Areas) Amendment Bill 2025\ns. 7\npage 4\n7. Section 34 amended1\n(1) In section 34(1):2\n(a) after “plate” insert:3\n4\nor label5\n6\n(b) delete “thereto.” and insert:7\n8\nto the number plate or label.9\n10\n(2) At the end of section 34(1) insert:11\n12\nPenalty for this subsection: a fine of $5 000.13\n14\nNote: The heading to amended section 34 is to read:15\nNumber plate or label to be displayed16\n8. Section 35 amended17\nIn section 35:18\n(a) in paragraphs (a) and (b) after “plate” (each occurrence)19\ninsert:20\n21\nor label22\n23\n(b) in paragraph (c) after “plate” insert:24\n25\n(if any)26\n27\n\nControl of Vehicles (Off-road Areas) Amendment Bill 2025\ns. 9\npage 5\n(c) in paragraph (d) delete “plate.” and insert:1\n2\nplate or label issued under this Act.3\n4\nNote: The heading to amended section 35 is to read:5\nOther offences concerning number plates and labels6\n9. Section 37 amended7\n(1) In section 37(10) delete “not exceeding $50”.8\n(2) After section 37(10) insert:9\n10\n(11) The amount of a modified penalty prescribed under11\nsubsection (10) for an offence must not exceed 10% of12\nthe penalty specified for the offence by this Act or a13\nregulation or local law made under this Act.14\n15\n10. Section 41 deleted16\nDelete section 41.17\n11. Section 46 amended18\nIn section 46(2) delete “$100” and insert:19\n20\n$50021\n22\n12. Section 48 amended23\nIn section 48(2) delete “$100” and insert:24\n25\n$50026\n27\n\nControl of Vehicles (Off-road Areas) Amendment Bill 2025\ns. 13\npage 6\n13. Section 50 inserted1\nAfter section 49 insert:2\n3\n50. Transitional provision for Control of Vehicles4\n(Off-road Areas) Amendment Act 20255\nAn amendment made to section 29A(1)(a) or (2) by the6\nControl of Vehicles (Off-road Areas) Amendment7\nAct 2025 does not apply to a person who has given8\nnotice in writing under that provision before the9\ncommencement of the amendment.10\n11\n14. Various penalties amended12\nAmend the provisions listed in the Table as set out in the Table.13\nTable14\nProvision Delete Insert\ns. 6(1) Penalty: $500. Penalty for this\nsubsection: a fine of\n$5 000.\ns. 6(2) Penalty: $1 000. Penalty for this\nsubsection: a fine of\n$5 000.\ns. 6(4) Penalty: $200. Penalty for this\nsubsection: a fine of\n$5 000.\ns. 7(2) Penalty: $200. Penalty for this\nsubsection: a fine of\n$5 000.\n\nControl of Vehicles (Off-road Areas) Amendment Bill 2025\ns. 14\npage 7\nProvision Delete Insert\ns. 9 Penalty: $500. Penalty: a fine of\n$5 000.\ns. 9A(1) Penalty: $200 for a\nfirst offence and\n$400 for a second or\nsubsequent offence.\nPenalty for this\nsubsection: a fine of\n$5 000.\ns. 9B(1) and (2) Penalty: $400 for a\nfirst offence and\n$800 for a second or\nsubsequent offence.\nPenalty for this\nsubsection: a fine of\n$5 000.\ns. 9C(1) Penalty: $400 for a\nfirst offence and\n$800 for a second or\nsubsequent offence.\nPenalty for this\nsubsection: a fine of\n$5 000.\ns. 10 Penalty: $200. Penalty: a fine of\n$5 000.\ns. 19(3) Penalty: $100. Penalty for this\nsubsection: a fine of\n$5 000.\ns. 20(4) Penalty: $200. Penalty for this\nsubsection: a fine of\n$5 000.\ns. 29(11) Penalty: $200. Penalty for this\nsubsection: a fine of\n$5 000.\n\nControl of Vehicles (Off-road Areas) Amendment Bill 2025\ns. 15\npage 8\nProvision Delete Insert\ns. 31(3) Penalty: For a first\noffence a fine not\nexceeding $40; for\nany subsequent\noffence, a fine not\nexceeding $100.\nPenalty for this\nsubsection: a fine of\n$5 000.\ns. 34(2) Penalty: $200. Penalty for this\nsubsection: a fine of\n$5 000.\ns. 35 Penalty: $200. Penalty: a fine of\n$5 000.\ns. 37(8) Penalty: $50. Penalty for this\nsubsection: a fine of\n$5 000.\ns. 38(6) and (10) Penalty: $200. Penalty for this\nsubsection: a fine of\n$5 000.\n15. Various references to “shall” amended1\nAmend the provisions listed in the Table as set out in the Table.2\nTable3\nProvision Delete Insert\ns. 6(1), (2) and (4)\ns. 7(2)\ns. 9\ns. 9A(1)\nshall (each\noccurrence)\nmust\n\nControl of Vehicles (Off-road Areas) Amendment Bill 2025\ns. 15\npage 9\nProvision Delete Insert\ns. 9B(1) and (2)\ns. 9C(1)\ns. 10\ns. 19(1) and (3)\ns. 20(4)\ns. 28A(2) and (6)\ns. 29(11)\ns. 29A(1), (2) and (6)\ns. 31(2) and (3)\ns. 34(1) and (2)\ns. 35\ns. 37(5), (6), (7)\nand (8)\ns. 38(4)(d), (6), (7)\nand (9)\ns. 48(3)\ns. 7(3) shall do\ns. 9B(6)\ns. 20(1)(c)\nshall cease ceases\ns. 19(2) shall not be\nshall delineate\nis not\nmust delineate\ns. 20(1)(c) shall not have has no\n\nControl of Vehicles (Off-road Areas) Amendment Bill 2025\ns. 15\npage 10\nProvision Delete Insert\ns. 29(3), (4), (5)\nand (6)\ns. 38(13)\nshall be is\ns. 29(5) shall renew must renew\ns. 29(6) shall take takes\ns. 37(9) shall inter alia\ncontain\nmust include\ns. 38(5) shall have\nshall be\nand shall\nhas\nmust be\nand must\ns. 38(13) shall have been is","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Bill does not materially change the subject-matter scope of the Control of Vehicles (Off-road Areas) Act 1978 — it keeps regulation of vehicles in off-road areas as the governing domain. Instead, it strengthens enforcement tools and clarifies administrative mechanics: it (a) recognises labels as an authorised vehicle identifier alongside number plates, (b) requires certain communications to use an \"approved form\", (c) substantially raises many fines (to $5,000) and adjusts a couple of smaller fines to $500, and (d) caps modified (infringement) penalties at 10% of the statutory penalty. Those are intensifications and drafting modernisations rather than an expansion of the Act's substantive regulatory reach; the regime still applies to the same activities and classes of vehicles. The deletion of s. 41 could have scope implications depending on that section's former content, but on the face of the Bill the principal effect is increased enforcement severity and clarified procedure rather than a broadened scope of regulation."},"complexity_factors":["Multiple mechanical edits across many provisions (amendments to at least 15 sections plus insertion and deletion of sections).","Large, uniform replacement of many small, varied penalties with a single higher penalty ($5,000) across ~20 listed provisions (s. 14 Table).","Introduction of a new rule limiting modified penalties to 10% of the statutory penalty (new s. 37(11)) — requires recalculation of infringement amounts tied to many offences.","Addition of a new statutory instrument requirement: \"the approved form\" (s. 29A changes) — cross-dependence on regulations or administrative forms.","Insertion of 'label' as an alternative to 'plate' throughout — creates new definitions/operational practice though the Bill does not itself define label in the excerpt.","Deletion of an entire section (s. 41) without text in the Bill — potential interpretive complexity depending on what s. 41 previously did.","Transitional provision preserving pre-commencement notices under the old \"writing\" rule (new s. 50) — conditional application based on timing.","Extensive notational changes from 'shall' to 'must' and other tense/mood edits across many provisions — low conceptual complexity but increases drafting and interpretive work.","Commencement staged across multiple dates (assent-day, day after assent, proclamation) — timing complexity for implementation."],"plain_english_summary":"**What this Bill changes (mechanics first)\n\n- Adds \"label\" as an alternative to a \"number plate\" wherever the Act requires a plate to be displayed or referred to (see amendments to ss. 28A, 31, 34, 35 and related notes).  This formally allows a vehicle to display an authorised label rather than only a metal/standard number plate.\n\n- Replaces references to \"writing\" with \"the approved form\" in the provisions dealing with notices and applications (see s. 29A amendments and new transitional rule in s. 50). That means certain communications must be made using a specific, authorised form rather than any written note.\n\n- Raises many offence penalties, in particular replacing numerous low-value penalties (often $50–$1,000) with a uniform maximum penalty of a fine of $5,000 for the listed offences (see the Table of amended penalties in s. 14). Two specific provisions that previously had $100 fines are increased to $500 (ss. 46(2) and 48(2)).\n\n- Changes the way \"modified penalties\" (on-the-spot fines or infringement notices) are set by imposing a cap: a modified penalty cannot exceed 10% of the penalty specified for the offence by the Act, a regulation or a local law (new s. 37(11)).\n\n- Deletes section 41 of the principal Act (the Bill does not reproduce s. 41, it simply removes it).\n\n- Replaces many instances of the word \"shall\" with \"must\" or other present-tense wording to modernise and standardise mandatory language across the Act (see s. 15 table).\n\n- Adds a short transitional provision protecting people who already gave notices under the old form requirement before the amendment commences (new s. 50).\n\n\nWho is affected\n\n- Vehicle owners and drivers who use off-road areas regulated under the Control of Vehicles (Off-road Areas) Act 1978: they may be required to display an authorised \"label\" instead of, or in addition to, a number plate in some circumstances, and they must use approved forms where the Act requires it (ss. 28A, 29A).\n\n- People who commit the listed regulatory breaches in off-road areas: the financial consequences for those offences will generally be much larger (Table in s. 14).\n\n- Enforcement agencies and local governments that administer and enforce the Act: they will operate under the new cap on modified penalties (10% rule, s. 37(11)), and they will be able to seek larger fines in court rather than rely on small fixed penalties.\n\n\nWhy it matters (purpose claims and practical implications)\n\n- Purpose claimed by the instrument (implied): to strengthen compliance with the rules for vehicles in off‑road areas by clarifying document/form requirements, recognising labels as an authorised identifier, and increasing penalties to deter breaches.\n\n- How that changes incentives and behaviour: larger statutory fines increase the financial cost of non-compliance, so the likely behavioural responses are greater care to comply with plate/label/display and form requirements, or a higher risk of paying larger fines when enforcement occurs. The 10% cap on infringement (modified) penalties links the on-the-spot fine to the long-form penalty level, which changes how infringement levels are calibrated (see s. 37(11)).\n\n\nCosts, trade-offs and implementation issues (mechanical description)\n\n- Direct financial cost to regulated persons: many previously low-value offences become subject to a fine of up to $5,000 (Table, s. 14). That raises the maximum exposure for individuals and businesses who breach these provisions.\n\n- Administrative changes required: agencies will need to (a) adopt and publish the \"approved form\" referenced in the amendments (s. 29A amendments, new s. 50 protects prior notices), (b) issue/recognise any new \"labels\" as authorised identifiers, and (c) re-calibrate infringement (modified) penalty schedules to comply with the 10% cap (s. 37(11)). Those tasks may require new regulations, operational guidance and systems updates.\n\n- Enforcement choice and revenue implications: raising the court penalty ceiling increases the option value of pursuing enforcement through court proceedings rather than merely issuing low infringement notices. The cap on modified penalties (10%) could limit the size of on-the-spot fines and thereby shift some enforcement toward prosecutions where higher penalties are sought. Who actually pays depends on enforcement practices; the statute only raises the maximums.\n\n- Transitional and legal continuity risk: deletion of s. 41 and numerous textual modernisations (\"shall\"→\"must\") are drafting changes that could have legal interpretive effects; agencies and courts will need to adjust to the updated language. The transitional provision (new s. 50) preserves prior notices given in writing before the change to \"approved form\".\n\n- Compliance burden and distributional effects: the burden of higher penalties is concentrated on individuals and businesses who breach rules (relatively concentrated costs), while benefits (improved compliance/deterrence) are dispersed across the public (diffuse). The Bill does not create new regulatory categories or new licensing regimes; it intensifies enforcement options and provides administrative clarity on forms and labels.\n\n\nKey sections to review when implementing or advising clients\n\n- Labels as an alternative/adjunct to plates: ss. 28A, 31, 34, 35 (and the notes showing amended headings).\n- Approved form requirement and transitional protection: s. 29A amendments and new s. 50.\n- Penalty increases and their scope: s. 14 Table (amended penalty schedule) and ss. 46(2), 48(2).\n- Modified penalty cap (infringement notices): new s. 37(11).\n\n\nBottom line (neutral summary)\n\nMechanically, the Bill allows authorised \"labels\" in place of number plates in the Act, fixes certain procedural requirements to specific \"approved forms\", substantially raises the maximum fines for many existing offences (mostly to $5,000), caps the modified (infringement) penalty at 10% of the formal penalty, removes one section (s. 41), and standardises mandatory wording. The changes increase compliance costs and enforcement options but do not create a new regulatory regime; they require administrative work to publish approved forms, recognise labels, and adjust infringement schedules."},"summary":{"status_summary":"The bill received royal assent and will come into operation on a staggered basis, with some sections commencing the day after assent and the remainder on a future day fixed by proclamation.","complexity_score":3,"likely_questions":["Why have the maximum fines been increased so substantially?","What off-road areas are covered by the Act and how are they declared?","Will existing number plates need to be replaced with a label?","What fees have been increased and what are they for?"],"complexity_factors":["Multiple commencement dates for different sections","Transitional provision protecting pre-existing written notices","Uniform penalty increase replacing graduated scales for first and subsequent offences"],"plain_english_summary":"The Bill modernises the Control of Vehicles (Off‑road Areas) Act by restructuring penalties—most offence maxima are raised to a uniform $5,000 (with modified penalties capped at 10%)—and by increasing two fees from $100 to $500. It lets owners display labels instead of plates where allowed, replaces “in writing” with an “approved form,” and swaps “shall” for “must.” It creates no new offences but markedly raises financial risk for off‑road users and centralises administrative control; s.41 is deleted without explanation."}},"importantCases":[],"_links":{"self":"/api/acts/control-of-vehicles-off-road-areas-amendment-bill-2025","history":"/api/acts/control-of-vehicles-off-road-areas-amendment-bill-2025/history","analysis":"/api/acts/control-of-vehicles-off-road-areas-amendment-bill-2025/analysis","conflicts":"/api/acts/control-of-vehicles-off-road-areas-amendment-bill-2025/conflicts","importantCases":"/api/acts/control-of-vehicles-off-road-areas-amendment-bill-2025/important-cases","documents":"/api/acts/control-of-vehicles-off-road-areas-amendment-bill-2025/documents"}}