Shire of Narrogin Cemetery Local Law 2016
Div 3Subdivision 4 of the Act and regulation 29 of the Local Government (Functions and
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Division 3 Subdivision 4 of the Act and regulation 29 of the Local Government (Functions and General) Regulations 1996. (2) An employee authorised specifically for the purposes of section 3.39 of the Act and this clause may remove and impound any vehicle that is involved in a contravention that can lead to impounding. (3) A person authorised to impound a vehicle in accordance with subclause (2) may use reasonable force to exercise the power given by that clause. (4) The form of the notice referred to in section 3.42 of the Act is set out in Schedule 1. 6.4 Notice to owner of vehicle involved in offence The owner of a vehicle may be required to identify the driver or person in charge of a vehicle at the time when an offence is alleged to have been committed by sending a notice in the form of Form 1 of Schedule 1 of the Local Government (Functions and General) Regulations 1996. 7.1 Legal proceedings Evidentiary provisions relating to offences involving vehicles are contained in Division 3 of Part 9 of the Act. 7.2 Offences A person who breaches a provision of this local law commits an offence. 7.3 General penalty A person who commits an offence under this local law is liable, on conviction, to a penalty not exceeding $5,000 and if the offence is of a continuing nature, to an additional penalty not exceeding $500 for each day or part of the day during which the offence has continued. 7.4 Modified penalties (1) The offences contained in the Schedule 3 are offences in relation to which a modified penalty may be imposed. (2) The amount appearing in the final column of Schedule 3 directly opposite a clause specified in that Schedule is the modified penalty for an offence against that clause. 7.5 Issue of infringement notice either— (a) Form 2 of Schedule 1 of the Local Government (Functions and General) Regulations 1996; or (b) Schedule 2 of this local law, in accordance with section 9.18 of the Act. 7.6 Withdrawal of infringement notice (1) Whether or not the modified penalty has been paid, an authorised person may withdraw an infringement notice by sending a notice in the form of Form 3 of Schedule 1 of the Local Government (Functions and General) Regulations 1996. (2) A person authorised to issue an infringement notice under clause 7.5 cannot sign or send a notice of withdrawal. ———— Schedule 1—Notification of impoundment of vehicle [cl. 6.3] To (full name/s)— Of (address)— Department of Transport records indicate that you are the registered owner of the vehicle detailed below and notice is hereby given that the vehicle has been impounded in accordance with the provisions of the Local Government Act 1995. Make— Model— Registration— Impounded from— Positioned at/near— Date impounded— Time impounded— The vehicle has been taken to a secure facility.
8 August 2016 GOVERNMENT GAZETTE, WA 3401 Facility address— IT IS A REQUIREMENT THAT ALL PAYMENTS ARE RECEIVED PRIOR TO THE RELEASE OF THE VEHICLE. Documentation required— The following must be produced before payment can be accepted and release of the vehicle is permitted— Current vehicle registration document. Drivers licence or other legal form of identification. Payment receipt (required for vehicle release at secure facility). Payment in person only— Chief Executive Officer Shire of Narrogin, 89 Earl Street, (PO Box 188), NARROGIN 6312 Between—8.30am and 4.30pm Monday to Friday (except public holidays) Payments by cash, cheque or EFTPOS. The vehicle will then be available for release, by contacting the Shire to make the necessary arrangements. Vehicle impound fee— Additional days storage fee or part thereof— (1) Subject to clause 2 below, if your vehicle is not collected within 2 months after the date of this notice the Shire may either— (a) under section 3.46 of the Local Government Act 1995 refuse to allow the vehicle to be collected until the Shire’s costs of removing and keeping the vehicle have been paid to the Shire; or (b) under section 3.47 of the Local Government Act 1995 sell or otherwise dispose of the vehicle and credit the money received from that sale or disposal to the Shire’s Trust Fund except to the extent required to meet the cost and expenses incurred by the Shire in removing, impounding and selling of the vehicle. (2) If the Local Government has made a declaration that in accordance with 3.40A(4) of the Local Government Act 1995 the vehicle is an abandoned wreck then the vehicle may be disposed of within 7 days of that declaration being made. If you are convicted of an offence against this Local Law, section 3.48 of the Local Government Act 1995 allows the Shire to recover from you its outstanding expenses incurred in the removing, impounding and selling of the vehicle. Take note— Unless all fees are paid for and the vehicle collected within 2 months from the date of impounding, the Shire may sell the subject vehicle. Authorised person— Name Signature Title Date issued— ———— Schedule 2—Infringement notice and notice requiring owner of vehicle to identify vehicle [cl. 7.5(b)] INFRINGEMENT NUMBER— To (full name/s)— Of (address)— It is alleged that— On (day)— At (time)— Your vehicle— Make— Model— Registration— As from— Was involved in the commission of the following offence— Details of offence— Contrary to—