Government Railways (Removal and Disposal of Vehicles) By-law 1978
Western Australia
Government Railways (Removal and Disposal of Vehicles) By-law 1978
Contents
Citation 1
Interpretation 1
Appointment of authorised persons 2
Entry and removal of vehicles 2
Appointment of appointed place 2
Disposal of uncollected vehicles 2
Prerequisites of disposal 3
Application of proceeds of sale of vehicle 3
Recovery of costs 3
Charges 4
Notes
Compilation table 5
Other notes 5
Defined terms
Government Railways Act 1904
Government Railways (Removal and Disposal of Vehicles) By‑law 1978
[Heading deleted: Gazette 12 Dec 2003 p. 5046.]
1. Citation
(1) This by‑law may be cited as the Government Railways (Removal and Disposal of Vehicles) By‑law 1978.
(2) The main legislative units of this by‑law are called rules, and a rule may contain 2 or more subrules (this sentence, for example, being subrule (2) of rule 1).
[Rule 1 amended: Gazette 12 Dec 2003 p. 5046.]
[2. Deleted: SL 2020/207 r. 4.]
3. Interpretation
In this by‑law unless the contrary intentions appears —
appointed place means a place appointed by the Authority under this by‑law for the custody of a vehicle removed pursuant to this by‑law;
authorised person means a person appointed by the Authority to exercise any powers conferred on him by this by‑law;
the Act means the Government Railways Act 1904.
[Rule 3 amended: Gazette 12 Dec 2003 p. 5046 and 5046‑7.]
4. Appointment of authorised persons
The Authority may appoint persons for the purposes of this by‑law.
[Rule 4 amended: Gazette 12 Dec 2003 p. 5046‑7; SL 2020/207 r. 5.]
5. Entry and removal of vehicles
(1) If a vehicle is left on a railway for a period in excess of 7 days, an authorised person may use such force as is necessary to enter the vehicle for the purposes of removing it and may remove the vehicle to an appointed place.
(2) If an authorised person is of the opinion that a vehicle left on a railway creates a hazard or is unsafe, the authorised person may use such force as is necessary to enter the vehicle for the purposes of removing it and may remove the vehicle to an appointed place.
[Rule 5 inserted: SL 2020/207 r. 6.]
6. Appointment of appointed place
The Authority may appoint any place or places as it thinks convenient in which vehicles removed pursuant to this by‑law may be held in custody.
[Rule 6 amended: Gazette 12 Dec 2003 p. 5046‑7.]
7. Disposal of uncollected vehicles
Subject to rule 8 where a vehicle is not recovered within a period of 2 months from a place in which it is held pursuant to rule 6 the Authority may sell or otherwise dispose of the vehicle.
[Rule 7 amended: Gazette 12 Dec 2003 p. 5046 and 5046‑7.]
8. Prerequisites of disposal
(1) The authority must not sell or otherwise dispose of a vehicle under this by‑law unless and until the Authority has caused —
(a) enquiries to be made as to the ownership of the vehicle; and
(b) the owner of the vehicle to be notified by email or post that it is the intention of the Authority to sell or otherwise dispose of the vehicle.
(2) Where by reason that the whereabouts of the owner are not known or otherwise the owner of a vehicle cannot be notified of the intention of the Authority to sell or otherwise dispose of the vehicle the Authority shall publish in a daily newspaper circulating throughout the State notice of intention to sell or otherwise dispose of the vehicle.
[Rule 8 amended: Gazette 12 Dec 2003 p. 5046‑7; SL 2020/207 r. 7.]
9. Application of proceeds of sale of vehicle
If a vehicle is sold or otherwise disposed of under this by‑law the proceeds of a sale (if any) of the vehicle may be applied by the Authority towards recouping the costs of the removal, custody and disposal of the vehicle.
[Rule 9 inserted: SL 2020/207 r. 8.]
10. Recovery of costs
(1) Where the costs of the removal, custody and disposal of the vehicle exceed the proceeds of a sale (if any) of the vehicle the amount of the excess may be recovered by the Authority from the owner in any court of competent jurisdiction.
(2) Where the proceeds of a sale (if any) of a vehicle exceed the costs of the removal, custody and disposal of the vehicle the amount of such excess shall be paid to the owner of the vehicle, or, where the identity or whereabouts of the owner is unknown, shall be credited to the account referred to in the Public Transport Authority Act 2003 section 32.
[Rule 10 amended: Gazette 12 Dec 2003 p. 5046 and 5046‑7; SL 2020/207 r. 9.]
11. Charges
The following charges shall be paid by a person who desires to recover a vehicle held in custody under this by‑law —
For the removal of the vehicle to an appointed place for custody — $60 plus $2.60 per kilometre.
For custody of a vehicle — $10 for each day or part day of custody.
[Rule 11 amended: SL 2020/207 r. 10.]
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Notes
This is a compilation of the Government Railways (Removal and Disposal of Vehicles) By-law 1978 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.
Compilation table
Citation
Published
Commencement
Removal and Disposal of Vehicles By‑laws 1
21 Jul 1978 p. 2688‑9
21 Jul 1978
Government Railways Amendment and Repeal By‑laws 2003 bl. 6
12 Dec 2003 p. 5041‑7
12 Dec 2003
Reprint 1: The Government Railways (Removal and Disposal of Vehicles) By-law 1978 as at 7 May 2004 (includes amendments listed above)
Government Railways (Removal and Disposal of Vehicles) Amendment By‑law 2020
SL 2020/207<br>23 Oct 2020
r. 1 and 2: 23 Oct 2020 (see r. 2(a)); By‑law other than r. 1 and 2: 24 Oct 2020 (see r. 2(b))
Other notes
1 Now known as the Government Railways (Removal and Disposal of Vehicles) By‑law 1978; citation changed (see note under r. 1).
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined term Provision(s)
appointed place 3
authorised person 3
the Act 3
Section 1 - Government Railways (Removal and Disposal of Vehicles) By-law 1978 - Government Railways (Removal and Disposal of Vehicles) By-law 1978 | Zoe