Part 3Transitional provision

Part 3 — Transitional provision 36. Existing demerit points Points currently recorded in respect of a person under section 103 of the *Road Traffic Act 1974* immediately before that section is repealed by section 29, and details of any offence in respect of which the points were recorded, are to be recorded as demerit points against the person in the demerit points register referred to in Part VIA of the *Road Traffic Act 1974* as inserted by section 31. 29 The *Road Traffic Legislation Amendment (Disqualification by Notice) Act 2010* s. 12(2)(c), (5)(d) and (7)(b) had not come into operation when they were deleted by the *Statutes (Repeals and Minor Amendments) Act 2014* s. 36. 30 The *Road Traffic Amendment (Alcohol Interlocks and Other Matters) Act 2015* s. 9 had not come into operation when it was deleted by the *Road Traffic Amendment (Blood Alcohol Content) Act 2019* s. 7. 31 The *Road Traffic Amendment (Impounding and Confiscation of Vehicles) Act 2016* s. 5 and Pt. 3 Div. 3 will not come into operation (see. s. 57(1)). 32 The *Taxi Drivers Licensing Act 2014* Pt. 10 Div. 1 could not come into operation because the sections it sought to amend were deleted by the *Road Traffic Legislation Amendment Act 2012* s. 8. Subsequently, the *Taxi Drivers Licensing Act 2014* was repealed by the *Transport (Road Passenger Services) Act 2018* s. 304 before it purported to come into operation. 33 The *Road Traffic Legislation Amendment Act 2016* s. 64 had not come into operation when it was deleted by the *Road Traffic Amendment (Blood Alcohol Content) Act 2019* s. 9. 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)** above the speed limit 49AAA alleged conduct 71C(1) alleged offence 71C(1) alleged offender 71C(1), 79BCA(1), 79BCD(1), 79D(2) and (6) alternative vehicle 79BCD(4), 79B(3C) amendment Act 109(1) analyst 65 approved 78A(1) approved device 65 approved expert 70(7) authorised drug tester 65 authorised enforcement action 91, 93 authorised person 65 blood alcohol content 65 breath analysing equipment 65 business day 91 business owner 79D(2) cancellation provision 62B(3), 64A(1A) circumstances of aggravation 49AB(1) commencement day 72(8), 91, 109(1), 110(1), 110A(1) Commissioner 78A(1), 80G(1) conduct 65 confiscated motor cycle 80V(1) confiscated vehicle 80J(1) confiscation zone 49AAA consent 91, 92(1) controller 91 day of the offence 78A(1) debtor 105C(4) dentist 65 disqualification notice 71C(2) driver 49A(1), 54(1), (2) and (6), 55(1) and (4), 56(1) and (4), 59(1), 59A(1), 59BA(1), 79BC(1) driver assessment 65 drug 65 drugs analyst 65 drug testing 65 event 81A expenses 80J(1) first person 110A(2) former 109(1) former Act 110(1) former owner 80M(1) grievous bodily harm 49AAA hired 78A(1) immediate family 80N impound 78A(1) impounded vehicle 79D(1), 80JA(1) impounding offence (driver’s licence) 78A(1) impounding offence (driving) 78A(1) impounding or confiscation order 78A(1) impounding order 78A(1) impounding period 78A(1) impounding provision 79BA(1), 79BCA(5), 79BCD(5) initially impounded vehicle 79BCA(1) instructor 49AAA interest 78A(1) item 80J(1), 80M(1), 80V(1) learner driver 49AAA lent 78A(1) load 91 maximum storage charges amount 105A(1) maximum towing charges amount 105(1) medical practitioner 65 Minister 72(3A) motor cycle 49AAA necessity permit 49A(5) notice to surrender 79BCC(1) nurse practitioner 65 offence 60B(1), 79BA(1), 79BCA(1), 79BCD(1) offender 71B(1), 80LA(1) on-site release charge 91, 100(2) order 80G(1), 81A parked 91 parking agreement 91 parking facility 91 passenger transport vehicle 79D(1) police officer 71C(1), 79BA(1) post-impoundment expenses 80I(1A) preliminary oral fluid test 65 preliminary test 65 prescribed authorisation - 49AB(1AA) prescribed illicit drug 65 prescribed sample taker 65 previous offender 79(1A), 79BC(1) prohibition notice 71BA(1) provide a prohibited service 105H(1) provide driving instruction 49AAA provider of a passenger transport vehicle 79D(1) public entity 91 radar detector 81G(1) reasonable expenses 78A(1) reckless manner 60(1) registered nurse 65 relevant offence 49(7) relevant person 91 relevant premises 97(1), 100(1) requirement 67(1), 67AC(1), 67AD(1), 68A(1) road 81A road rage circumstances 78A(1) road rage offence 78A(1) sample 71A(1) school zone 49AAA second person 110A(2) security interest 91 security power 91 selling expenses 80LA(2) senior police officer 78A(1) serious bodily harm 66(8A) service 79D(1) shorter impounding period 79BC(2) and (3) speed limit 49AAA storage charges 91 storage yard 91 subject 71A(1) substitute vehicle 79BCA(4), 79B(3A) surrender alternative vehicle notice 79BCD(2) surrender notice 79(1A), 79BA(2), 80N, 80P(2) surrender period 78A(1) surrender substitute vehicle notice 79BCA(2) suspected use 80N technologist 70(7) tow 91 towing arrangement 91, 94(1) towing charges 91 towing service provider 91, 94(1) tow truck 91 tow truck driver 91 uncollected vehicle 80J(1), 80M(1) undergoes 65 vehicle 79BA(1) vehicle A 79BCD(1) vehicle crash 91 vehicle referred to in section 80GA 78A(1) vehicle service provider 79D(1) victim 54(2) and (6) This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2025. By Authority: GEOFF O. LAWN, Government Printer