Division 5 — Ships
47A. Terms used 43
47B. Licence or permit for ships to engage in coasting trade 44
47C. Licences and permits to be granted in some cases 46
47D. Investigative powers 48
47E. Prosecutions may be commenced at any time 49
47F. This Division in addition to Western Australian Marine Act 1982 49
Part IV — Miscellaneous
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Time limits for continuously driving commercial goods vehicles 50
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Investigative powers of police etc. 51
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Offences, defences and penalties for operating unlicensed public vehicles 53
-
Evidentiary provisions 55
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Failure to comply with licence 55
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Commercial goods vehicle not to carry passengers 56
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General penalty 56
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Minister may revoke or suspend licence or permit 57
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Recovering penalties 57
58A. Infringement notices 58
58B. Owner onus in relation to motor vehicles 60
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Effect of other road laws 61
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Regulations 61
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Protection of Minister, Director General etc. 63
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Subsidies, payment of 64
-
Review of Act 64
First Schedule — Carriage for which commercial goods vehicle licence not required
Notes
Compilation table 69
Other notes 75
Defined terms
Transport Co‑ordination Act 1966
An Act to provide for the co‑ordination, planning and advancement of all forms of transport in this State, to provide for the review, control and licensing of transport services and for incidental and other purposes.
[Long title inserted: No. 54 of 1985 s. 4; amended: No. 40 of 2000 s. 4; No. 31 of 2003 s. 191.]
Part I — Preliminary
1. Short title
This Act may be cited as the Transport Co‑ordination Act 1966.
[Section 1 amended: No. 64 of 1970 s. 1(3); No. 93 of 1979 s. 1(3); No. 54 of 1985 s. 5.]
2. Commencement
This Act shall come into operation on the date on which the State Transport Co‑ordination Act 1966 2, comes into operation.
3. Objects of this Act
The objects of this Act are —
(a) to provide for the co‑ordination of the resources used for the provision of transport services for the people of this State and for the development of this State;
(b) to ensure that the people of this State are provided, as far as is practicable, with reliable, efficient and economic transport services;
(c) to provide for the rationalisation and control of transport services by means of licensing and other measures wherever such measures contribute to the provision of reliable, efficient and economic transport services;
(d) to provide for the reduction or elimination of controls imposed under this Act wherever practicable to ensure that transport services provided are reliable, efficient and economic for the people of this State;
(e) to facilitate the formulation of policies relating to the provision of transport services.
[Section 3 inserted: No. 54 of 1985 s. 6.]
4. Terms used
(1) In this Act, unless the contrary intention appears —
commercial goods vehicle means a vehicle, other than a vehicle propelled by animal or human power, only, operating or used or intended to be used, on roads or streets for the transport of goods and includes any such vehicle so used or operated or used or intended to be used by or on behalf of the Crown for the carriage of goods for hire or reward and whether in connection with a railway or not;
Department means the department of the Public Service of the State principally assisting the Minister with the administration of this Act;
Director General means the chief executive officer of the Department;
ferry means a vessel, including a hovercraft, used or intended to be used to carry passengers for hire or reward and includes any such vessel so used or intended to be used by or on behalf of the Crown, or an agency of the Crown;
goods means chattels of every description;
gross weight, in relation to a commercial goods vehicle, means the sum of the unladen weight of the vehicle and the load that it is authorised, by its licence under this Act, to carry;
licence means a licence or permit issued under this Act and for the time being in force, and the verb to license has a corresponding meaning;
Ministerial Body means the Transport Co‑ordination Ministerial Body established by section 6;
officer means an officer of the Department and includes a member of the Police Force, or any other person acting in pursuance of powers or duties conferred on him under this Act and any person employed or engaged under this Act;
operate, as applied to a vehicle, means to carry, or offer or agree to carry, or to be responsible for arranging the carriage of, passengers or goods for hire or for any consideration, or in the course of or in connection with any trade or business whatever, and cognate expressions shall be construed accordingly;
owner, in relation to a vehicle, includes every person who —
(a) is the owner or a co‑owner of the vehicle;
(aa) is the purchaser or hirer of the vehicle under a contract that for the purposes of the Credit Act 1984 is a credit sale contract to which that Act applies or who is the debtor under an agreement that pursuant to that Act is deemed to be a credit sale contract to which that Act applies;
(ab) is the purchaser or hirer of a vehicle under a contract that for the purposes of the National Credit Code (Commonwealth) is a credit contract, or is to be regarded as a credit contract, to which that Code applies;
(b) has the use of the vehicle under a hiring, lease or hire‑purchase agreement,
but does not include an unpaid vendor of the vehicle under a hire‑purchase agreement;
permit means a permit issued under this Act and for the time being in force;
public vehicle means any vehicle that is required to be licensed under this Act;
railway means a railway within the meaning of the Government Railways Act 1904;
road includes any street or place open to or used by the public, and all bridges and culverts and other things appurtenant thereto and used in connection therewith;
Schedule means a schedule to this Act;
section means a section of this Act;
transport service means any service for the carriage of passengers or goods, whether by road, rail, air, or water;
vehicle means a vehicle propelled by any means, other than animal or human power, and includes an aircraft and a vessel, but does not include a vehicle used on a railway.
(2) For the purposes of this Act, a trailer and a semi‑trailer is a vehicle separate from, and is deemed to be driven by the driver of, the vehicle by which it is drawn.
(2a) For the purposes of this Act, a vehicle which draws a semi‑trailer or a trailer which is operating is itself operating.
[(3), (4) deleted]
[Section 4 3 amended: No. 94 of 1972 s. 4(1); No. 51 of 1975 s. 4; No. 93 of 1979 s. 4; No. 47 of 1980 s. 4; No. 48 of 1980 s. 3; No. 8 of 1981 s. 3; No. 106 of 1981 s. 25; No. 102 of 1984 s. 18; No. 30 of 1985 s. 3; No. 54 of 1985 s. 7; No. 115 of 1987 s. 4; No. 64 of 1994 s. 4; No. 14 of 1996 s. 4; No. 30 of 1996 s. 13; No. 57 of 1997 s. 122(1); No. 7 of 2002 s. 37; No. 14 of 2010 s. 14; No. 17 of 2014 s. 42; No. 26 of 2018 s. 335.]
5. Act to be read subject to Commonwealth Constitution
This Act shall be construed subject to the Commonwealth of Australia Constitution Act, and so as not to exceed the legislative power of the State, to the intent that, where any provision hereof would, but for this section, be construed as being in excess of that power, it shall nevertheless be a valid enactment to the extent to which it is not in excess of that power.
Part II — Administration
Division 1 — General administration
[Heading inserted: No. 7 of 2002 s. 38.]
6. Transport Co‑ordination Ministerial Body
(1) The Transport Co‑ordination Ministerial Body is established.
(2) The Ministerial Body is a body corporate with perpetual succession.
(3) Proceedings may be taken by or against the Ministerial Body in its corporate name.
(4) The Ministerial Body is to be governed by the Minister.
(5) The Ministerial Body is an agent of the State and has the status, immunities, and privileges of the State.
[Section 6 inserted: No. 7 of 2002 s. 39.]
6A. Purpose and nature of Ministerial Body
(1) The Ministerial Body is established to provide a body corporate through which the Minister can perform any of the Minister’s functions under this Act that can more conveniently be performed by a body corporate than an individual.
(2) Despite the employment under the Public Sector Management Act 1994 of ministerial officers for the purpose of assisting the Minister to perform functions that the Minister performs through the Ministerial Body, the Ministerial Body and those officers are not an organisation for the purposes of that Act.
[Section 6A inserted: No. 7 of 2002 s. 39.]
7. Execution of documents by Ministerial Body
(1) The Ministerial Body is to have a common seal.
(2) A document is duly executed by the Ministerial Body if —
(a) the common seal of the Ministerial Body is affixed to it in accordance with subsections (3) and (4); or
(b) it is signed on behalf of the Ministerial Body by the Minister; or
(c) it is signed on behalf of the Ministerial Body, as authorised under subsection (5), by the Director General or another person.
(3) The common seal of the Ministerial Body is not to be affixed to a document except as authorised by the Ministerial Body.
(4) The common seal of the Ministerial Body is to be affixed to a document in the presence of the Minister, and the Minister is to sign the document to attest that the common seal was so affixed.
(5) The Ministerial Body may, by writing under its seal, authorise the Director General or another person to sign documents on behalf of the Ministerial Body, either generally or subject to any conditions or restrictions specified in the authorisation.
(6) A document purporting to be executed in accordance with this section is to be presumed to be duly executed until the contrary is shown.
(7) A document executed by the Director General or another person under this section without the common seal of the Ministerial Body is not to be regarded as a deed unless it is executed as a deed as authorised under subsection (5).
(8) When a document is produced bearing a seal purporting to be the common seal of the Ministerial Body, it is to be presumed that the seal is the common seal of the Ministerial Body until the contrary is shown.
(9) For the purposes of this Act, a facsimile of —
(a) the Ministerial Body’s seal; or
(b) the signature of the Minister or a person authorised under subsection (5) to execute deeds or other documents,
may be used, and a deed or other document purporting to be endorsed with such a facsimile is, until the contrary is shown, to be regarded as bearing the facsimile under this subsection.
[Section 7 inserted: No. 7 of 2002 s. 39.]
7A. Minister may join etc. body with objects related to transport etc.
(1) Subject to this Act the Minister may —
(a) become a member of or shareholder in; and
(b) contribute funds to,
any body whether incorporated or not (in this section referred to as the body) which —
(c) has its principal office within the Commonwealth; and
(d) has among its principal objects the carrying out of research, investigations, inquiries or studies into the improvement of transport or transport safety, or both, within the Commonwealth.
(2) The Minister may be represented on the body by any officer of the Department authorised in that behalf in writing by the Minister.
(3) The Minister may —
(a) take part in any activities of the body; and
(b) carry out any function, investigation and research for or on behalf of the body either alone or in association with any other person appointed by the body; and
(c) contribute to the cost of any activity carried on by the body or by any person on its behalf.
[Section 7A inserted: No. 54 of 1985 s. 11; amended: No. 7 of 2002 s. 40.]
7B. Transport Strategy Committees
(1) The Minister may, by instrument in writing, establish such number of Transport Strategy Committees as appear to him from time to time to be desirable for the purposes of this Act.
(2) The function of a Transport Strategy Committee shall be to advise the Minister with respect to such matters relating to transport policy as are specified in the instrument by which the Committee is established.
(3) Subject to subsection (4), a Transport Strategy Committee shall continue in existence for such period as may be specified in the instrument by which it is established or if no such period is specified for such period as the Committee requires to complete its functions.
(4) The Minister may at any time by instrument in writing vary or revoke an instrument made under subsection (1).
(5) The Minister may appoint such persons as he thinks fit to be members of a Transport Strategy Committee and may at any time remove a member of a Committee.
(6) A member of a Transport Strategy Committee may resign at any time by notice in writing delivered to the Minister.
(7) The Director General, or an officer of the Department nominated by him, shall be the chairman and a member of every Transport Strategy Committee.
(8) The Director General shall provide to every Transport Strategy Committee such support services as the Committee may reasonably require to enable it to perform its functions.
(9) Where it is determined by the Minister that a member of a Transport Strategy Committee shall be entitled to remuneration or to any travelling or other allowance, it shall be fixed by the Minister on the recommendation of the Public Sector Commissioner.
(10) Subject to any directions which may have been given in writing by the Minister, a Transport Strategy Committee may regulate its own procedure.
[Section 7B inserted: No. 54 of 1985 s. 11; amended: No. 39 of 2010 s. 89.]
7C. Unlawful disclosure of information
A person who discloses any information or opinion that has been furnished to or obtained by a Transport Strategy Committee in confidence commits an offence unless the disclosure is made —
(a) with the consent of the person providing the information or expressing the opinion; or
(b) in connection with the administration of this Act and with the prior permission of the Director General.
Penalty: $200.
[Section 7C inserted: No. 54 of 1985 s. 11.]
[7D. Deleted: No. 7 of 2002 s. 41.]
8. Director General may use staff of other bodies
(1) The Director General may, for the purposes of assisting in carrying out the provisions of this Act —
(a) with the consent of a public authority, use the services of a person employed by the public authority; or
(b) with the consent of the officer’s employing authority, use the services of an officer of the Public Service.
(2) In subsection (1) —
employing authority has the same meaning as it has in the Public Sector Management Act 1994;
public authority means any State instrumentality or agency or any public statutory body, whether incorporated or not, established by or under a law of the State.
(3) This section does not prevent the operation of section 66 or 100, or any other provision, of the Public Sector Management Act 1994.
[Section 8 inserted: No. 7 of 2002 s. 42.]
9. Application of Financial Management Act 2006 and Auditor General Act 2006
The provisions of the Financial Management Act 2006 and the Auditor General Act 2006 regulating the financial administration, audit and reporting of departments apply to and in respect of the Department and its operations.
[Section 9 inserted: No. 4 of 1986 s. 4; amended: No. 77 of 2006 Sch. 1 cl. 169.]
10. Power to borrow
(1) The Minister may borrow money upon the guarantee of the Treasurer of the State for the purposes of —
(a) providing premises and other facilities under this Act; or
(b) carrying out the Minister’s functions under this Act; or
(c) enabling the Director General’s functions under this Division to be performed.
(2) The Minister may borrow money with the prior approval in writing of the Treasurer, but not otherwise, and any borrowing is to be upon terms and conditions that the Treasurer approves.
(3) This section authorises the Treasurer, for and on behalf of the State, to give any approval or guarantee that this section requires and the guarantee may include the guarantee of interest.
(4) Any money borrowed by the Minister under this section may be raised as one loan or as several loans and in any manner that the Treasurer may approve, but the amount of money borrowed in any one year cannot exceed, in the aggregate, an amount that the Treasurer approves.
(5) Before a guarantee is given by the Treasurer under this section, the Minister must give to the Treasurer any security that the Treasurer requires and execute any instruments necessary for giving that security.
(6) Money borrowed under this section can only be used for a purpose referred to in subsection (1).
(7) The due payment of money payable by the Treasurer under a guarantee under this section is to be charged to and paid out of the Consolidated Account, and this subsection appropriates that Account accordingly.
[Section 10 inserted: No. 31 of 2003 s. 192; amended: No. 77 of 2006 s. 4 and 5(4).]
[11‑14. Deleted: No. 54 of 1985 s. 13.]
15. Delegation by Minister
(1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to the Director General or some other officer of the Department any of his functions, powers or duties under this Act.
(1a) Without limiting the things that may be delegated under subsection (1), they include things that are to be done in the course of governing the affairs of the Ministerial Body under section 6(4).
(2) In any instrument of delegation under subsection (1) the Minister may authorise the Director General to subdelegate to any officer of the Department any function, power or duty referred to in the instrument of delegation and where the Minister does so the provisions of section 59 of the Interpretation Act 1984 apply to and in relation to any such subdelegation as though the subdelegation were a delegation.
[Section 15 inserted: No. 54 of 1985 s. 14; amended: No. 7 of 2002 s. 43.]
[15A. Deleted: No. 7 of 2002 s. 44.]
Division 2 — Particular functions
[Heading inserted: No. 7 of 2002 s. 45.]
15B. Functions of Director General
(1) Subject to this Act and to the general control of the Minister, the Director General is responsible for the administration of this Act.
(2) It is the function of the Director General to —
(a) maintain an overview of existing transport services in this State and recommend to the Minister measures for achieving co‑ordination of transport services in this State;
(b) report to the Minister on transport policy or changes in transport policy and measures for achieving policy objectives;
(c) report to the Minister on trends and developments relating to transport within the State and elsewhere and on transport requirements within the State;
(d) provide assistance to the transport agencies when requested by the Minister or the agencies in the development and application of appropriate planning techniques and in the establishment and maintenance on a continuing basis of detailed plans for resource use, operations and, where appropriate, marketing;
(e) assist and advise the Minister in his examination of the plans referred to in paragraph (d);
(f) report to the Minister on sources and uses of funds for the advancement of transport in the State in order to meet both the Minister’s need for advice on such matters and any such need which from time to time the Treasurer may have;
(g) undertake, either directly or in association with other bodies or by the use of consultants, such research relating to transport as the Minister may require or as are considered necessary by the Minister to enable the Director General to perform his duties under this Act;
(h) assist the Minister in carrying out the Minister’s functions under this Act;
(j) advise the Minister on the administration of the Public Transport Authority Act 2003;
(k) carry out such duties as directed by the Minister relating to matters associated with or affecting transport.
[Section 15B inserted: No. 47 of 1980 s. 7; amended: No. 30 of 1985 s. 4; No. 54 of 1985 s. 16; No. 64 of 1994 s. 7; No. 83 of 1994 s. 49; No. 24 of 2000 s. 43(1); No. 7 of 2002 s. 46; No. 31 of 2003 s. 193; No. 74 of 2003 s. 121(2); No. 28 of 2008 s. 15.]
15C. Minister may provide etc. facilities for movement of vehicles
(1) The Minister may provide facilities that the Minister considers to be necessary for the purpose of facilitating the movement of vehicles, under this Act or any other Act, in any part of the State.
(2) The Minister may impose terms and conditions, including the payment of charges, for the use of any facilities provided under subsection (1).
(3) The Minister may dispose of facilities that the Minister considers to be no longer necessary for the purpose referred to in subsection (1).
(4) In this section —
facilities includes vehicles;
manage, in relation to facilities, includes —
(a) grant a lease of and let on hire; and
(b) enter into an agreement or arrangement for the management of facilities by some other person;
provide includes acquire, establish, maintain, manage and alter.
[Section 15C inserted: No. 7 of 2002 s. 47.]
15D. Stopping places
(1) In this section —
local government includes the Commissioner of Main Roads, in relation to any road in relation to which the Commissioner may exercise power under the Main Roads Act 1930;
passenger transport vehicle means a passenger transport vehicle as defined in the Transport (Road Passenger Services) Act 2018 section 4(1).
(2) The Minister may appoint stopping places to be used for passenger transport vehicles operated for hire or reward.
(3) The Minister may cause to be erected at a stopping place appointed under subsection (2) —
(a) any sign indicating and identifying the stopping place; and
(b) shelters of any design or construction the Minister thinks fit.
(4) Before a sign or shelter is erected under subsection (3), the Minister must cause the Director General to confer with the local government concerned on the matter.
(5) If agreement cannot be reached on the location, size and type of sign or shelter, the matter is to be determined by —
(a) the Minister; and
(b) as the case requires, the Minister administering the Local Government Act 1995 or the Minister administering the Main Roads Act 1930.
(6) A local government must, if so required by the Minister, appoint within its district any stands for passenger transport vehicles that are agreed on between the Minister and the local government.
(7) If agreement is not reached under subsection (6), the matter must be resolved in the manner provided by subsection (5) for resolving matters in dispute.
[Section 15D inserted: No. 26 of 2018 s. 336.]
16. Tenders, subsidies and licences
(1) The Minister —
(a) may enter into negotiations or invite tenders, or both, for the provision of transport services, with or without inviting premiums or offering subsidies; and
(b) shall administer and direct the payment of such subsidies with respect to the provision of transport as may be authorised under this Act.
(2) The Minister having considered the tenders submitted in response to an invitation to tender for the provision of transport services may enter into negotiations with all or any of the persons who have responded to an invitation to tender or with any other person for the purpose of ensuring the provision of transport services of the kind referred to in the invitation to tender.
(3) All applications for licences in respect of public vehicles shall be made to the Director General.
(4) The Minister shall determine all applications for licences under this Act and without limiting any of the provisions of this Act —
(a) specify any conditions, restrictions and prohibitions applicable in relation to a licence; and
(b) determine in respect of a particular licence or any class of licences the conditions, restrictions and prohibitions that apply in relation thereto.
[Section 16 inserted: No. 54 of 1985 s. 17; amended: No. 64 of 1994 s. 7; No. 56 of 1997 s. 60; No. 31 of 2003 s. 194.]
17. Conditions of tender
(1) The Minister may, in calling tenders under section 16, call them subject to any one or more of the conditions, restrictions and prohibitions attaching to the tender and any other conditions, restrictions or prohibitions, whether precedent or subsequent, or both, as the Minister may in his discretion impose with respect to the acceptance of a tender including conditions that the tenderer will if his tender is accepted —
(a) provide a minimum service, as specified by the Minister;
(b) provide the minimum service for a minimum period, as specified by the Minister;
(c) execute jointly and severally, with sureties of a number and kind to be approved by the Minister a bond in favour of the Minister, binding the tenderer and his sureties to the Minister in an amount to be specified by the Minister for the due compliance with every condition, restriction and prohibition imposed by the Minister.
(2) The imposition, by the Minister, of conditions, restrictions and prohibitions on a licence pursuant to this section does not preclude his imposition of conditions, restrictions and prohibitions on the licence pursuant to section 16.
(2A) The Minister may impose conditions, restrictions and prohibitions on an authorisation granted to a tenderer under the Transport (Road Passenger Services) Act 2018 Part 4 Division 2 in addition to any other conditions that may be imposed under that Division.
(3) Where a tenderer who has been granted a licence or authorisation subject to conditions, restrictions or prohibitions or any of them, including the execution of a bond, imposed under the authority of this section, and thereafter fails, in any respect, duly to perform any one of the conditions, restrictions or prohibitions, then, without prejudice to the right or power of the Minister under this Act or the Transport (Road Passenger Services) Act 2018 to cancel the licence or authorisation granted to the tenderer, the Minister may take any proceedings at law or in equity in any court of competent jurisdiction to enforce payment under the bond against all or any of the persons thereby bound.
[Section 17 amended: No. 54 of 1985 s. 18; No. 26 of 2018 s. 337.]
18. Delegation by Director General
(1) The Director General may, and shall at the request of the Minister to the extent specified in the request, either generally or in relation to any particular matter, by instrument, delegate to any person any of the functions or powers of the Director General under this Act, except this power of delegation.
(2) A delegation under this section is revocable at will by the Director General, except that, to the extent that the delegation was at the request of the Minister, it is revocable only at the Minister’s request.
(3) A function performed or a power exercised by a delegate is to be treated as performed or exercised by the Director General.
(4) A delegate performing a function or exercising a power is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.
(5) Subject to this section, section 59 of the Interpretation Act 1984 applies to and in relation to any delegation under this section.
[Section 18 inserted: No. 32 of 1998 s. 64(2); amended: No. 7 of 2002 s. 48.]
Division 3 — Construction or closure of railways
[Heading inserted: No. 47 of 1980 s. 8.]
18A. Report by Director General
The Minister shall cause a report to be made by the Director General on the construction or closure of any railway and shall cause the report to be laid before each House of Parliament before the second reading in that House of any Bill for the construction or closure of the railway.
[Section 18A inserted: No. 54 of 1985 s. 20.]
[Division 4 (s. 18B‑18H) deleted: No. 31 of 2003 s. 195.]
Part III — Licences
Division 1 — General provisions relating to licensing of public vehicles
19. Application of Part
(1) Notwithstanding the provisions of any other Act, but subject to subsection (1A) and the provisions of any notice published pursuant to subsection (2), this Part applies to and in relation to every vehicle that is operated by any person (including vehicles operated by the Crown, or by an agency of the Crown, in right of the State).
(1A) This Part does not apply to a passenger transport vehicle as defined in the Transport (Road Passenger Services) Act 2018 section 4(1).
(2) The Minister may by order published in the Government Gazette grant exemptions from the provisions of this Part.
(3) An order made under subsection (2) may be amended or revoked by the Minister by an order published in the Government Gazette.
(4) Section 43(7), (8) and (9) of the Interpretation Act 1984 applies to an order made under this section as though the order were subsidiary legislation.
[Section 19 inserted: No. 93 of 1979 s. 5; amended: No. 30 of 1985 s. 6; No. 64 of 1994 s. 9; No. 26 of 2018 s. 338 .]
[19A. Deleted: No. 54 of 1985 s. 21.]
20. Vehicles operating to be licensed
(1) Every vehicle that is operated after the coming into operation of this Act is required to be licensed under this Part.
(2) This section does not apply to any journey made for reward by a motor vehicle, that is not a commercial goods vehicle, on any occasion with respect to which the Minister is satisfied that a special emergency justified the making of the journey.
[(3) deleted]
(4) For the purposes of determining whether or not a licence is required under this Part in respect of any commercial goods vehicle, where goods are to be conveyed from one place to another, and the carriage of those goods is effected by stages whether by one vehicle or by different vehicles, the whole distance over which the goods are, or are to be, carried shall be taken to comprise the one journey and every vehicle taking part in the carriage of the goods in the course of that journey is to be deemed to make the whole journey.
(5) In accordance with the Personal Property Securities Act 2009 (Commonwealth) section 10 the definition of licence paragraph (d), a licence granted under this Part is declared not to be personal property for the purposes of that Act.
[Section 20 amended: No. 93 of 1979 s. 6; No. 54 of 1985 s. 22 and 52; No. 42 of 2011 s. 109; No. 26 of 2018 s. 339.]
21. Fees for licences
(1) In respect of every public vehicle licence the following fees are payable to the Director General in the prescribed manner, in relation to the term of the licence, or such shorter period as is prescribed, namely —
[(a) deleted]
(b) for a commercial goods vehicle licence under Division 3 a fee determined by the Minister, but not exceeding the prescribed amount for each licence for each 50 kilograms or part thereof of the gross weight of the vehicle, which prescribed amount may be different for different routes or areas of operation or for different classes of goods or mass of goods or for any combination of those factors; and
(c) for an aircraft licence under Division 4, a fee determined by the Minister and —
(i) based on, but not exceeding the prescribed percentage of, the gross earnings of the vehicle assessed in such manner as may be prescribed; or
(ii) based on, but not exceeding the prescribed amount per annum for each kilogram of, the maximum permissible take‑off weight specified in the Certificate of Airworthiness issued in respect of the vehicle under the Air Navigation Regulations of the Commonwealth,
whichever basis is in the opinion of the Minister, the more appropriate; and
(d) for a ferry licence under Division 4A, a fee determined by the Minister based on, but not exceeding the prescribed amount per annum for each unit of, the maximum number of passengers that the vehicle is licensed to carry at any one time with a maximum fee of $600 per annum.
(2) Subject to the limitations imposed by subsection (1), the Minister may at any time vary the fee determined by him in respect of any public vehicle licence.
(3) The Director General may, and at the direction of the Minister shall, refund the whole or any part of any licence fee paid in respect of any commercial goods vehicle, where the vehicle has not been operated in the manner or to the extent or for the period contemplated when the licence was issued.
(4) In assessing a licence fee based on the gross earnings derived from the operation of a vehicle, the Minister shall not take into account the amount of any subsidy paid or payable in respect of its operation.
[Section 21 amended: No. 6 of 1968 s. 22; No. 94 of 1972 s. 4(1); No. 51 of 1975 s. 4; No. 9 of 1979 s. 10; No. 93 of 1979 s. 7; No. 54 of 1985 s. 23 and 52; No. 115 of 1987 s. 5; No. 13 of 1989 s. 4; No. 26 of 2018 s. 340 .]
22. Weight of public vehicles or goods, determining
(1) Subject to this Act and to any regulations made under subsection (2), the weight of a public vehicle or of goods carried or to be carried by a commercial goods vehicle shall, if the Minister so orders, be determined at a weighbridge, or by means of such other mechanical device as may be approved by the Minister, and proof of the weight so determined shall be produced by the holder of, or an applicant for, a licence for the vehicle to the Director General or to any officer of the Department, on demand.
(2) The regulations may provide that the method of ascertainment of the weight of the vehicle or of any goods carried by the vehicle for the purposes of any other Act be adopted for the purposes of this Act.
[Section 22 amended: No. 54 of 1985 s. 24.]
23. Transfer of licence
(1) The Minister may on payment of the prescribed fee by the person who has become the owner of the vehicle, grant a transfer of a licence of a public vehicle, and that person shall, thereupon, become the licensee.
(2) An application for transfer may be refused for any reason for which an application for a licence by the same person for the same, or any, public vehicle might have been refused.
[Section 23 amended: No. 54 of 1985 s. 52.]
[Division 2 (s. 24-32A) deleted: No. 26 of 2018 s. 341.]
Division 3 — Commercial goods vehicles
Subdivision 1 — Licensing
[Heading inserted: No. 19 of 2010 s. 44(2).]
33. Licensing vehicles, when licence not required
(1) Subject to this Division, the Minister may, on the application of the owner, grant a licence in respect of a commercial goods vehicle.
(2) A licence is not required under this Part in respect of any commercial goods vehicle that —
(a) is operated solely in the area within 35 km of the General Post Office, Perth; or
(b) is operated solely within 35 km of the place of business of the owner; or
(c) is being used otherwise than on a road.
[(3) deleted]
(4) A licence is not required for a commercial goods vehicle that is being used solely for any carriage specified in the First Schedule.
(5) The burden of proving that a commercial goods vehicle is exempted from the provisions of this Part under subsection (4), and that a licence in respect of that vehicle is not required thereunder lies upon the person claiming the exemption.
(6) Where in any proceedings for an offence against this Act the accused proposes to claim an exemption from the provisions of this Part under subsection (4) the accused shall, not later than 14 days before the date appointed for the hearing of the charge, give the Director General written details of the exemption claimed.
[Section 33 amended: No. 94 of 1972 s. 4(1); No. 93 of 1979 s. 9; No. 30 of 1985 s. 8; No. 54 of 1985 s. 52; No. 84 of 2004 s. 80 and 82.]
34. Licences to be granted in some cases
(1) The Minister shall grant upon application a licence to operate any commercial goods vehicle —
(a) wholly within 60 km of the General Post Office, Perth; or
(b) where the Governor by Order in Council (which may be varied or cancelled by a subsequent Order in Council made under this section) has determined that the provisions of this section shall apply in relation to any such vehicle.
(2) An Order in Council made for the purposes of this section may be made so as to apply —
(a) to any specified vehicle, or to vehicles of a specified class; or
(b) to vehicles used for a specified purpose or any specified class of purpose; or
(c) to vehicles whilst operated in a specified part of the State,
and may provide that the provisions of this section shall not apply to any vehicle (to which they otherwise would apply) if that vehicle is operated for a purpose or in a locality which is by that order determined to be a purpose or locality in respect of which the order is not to apply.
(3) The provisions of section 36, section 37, and section 39 do not apply to or in relation to a licence granted by the Minister under this section or to an application for a licence, but the provisions of this Part other than those sections shall apply to any such licence or application.
[Section 34 inserted: No. 93 of 1979 s. 10; amended: No. 54 of 1985 s. 52.]
35. Applications for licences
(1) Every application for a commercial goods vehicle licence shall be in writing, setting out —
(a) the route on which or the area in which it is intended that the commercial goods vehicle is to operate; and
(b) a description of the vehicle in respect of which the application is made; and
(c) the classes of goods proposed to be carried; and
(d) such other particulars as may be prescribed.
(2) Where the application relates to a licence required for a particular purpose of limited duration, notwithstanding the provisions of subsection (1) the Minister may grant the licence without prior lodgement of the written application where he is satisfied that sufficient information has been made available to him to enable him so to do.
(b) shall be deemed not to have taken effect if the written application relating thereto is not received by the Director General within 14 days of the Minister’s decision or if the information contained in the written application differs in a material particular from the information made available to the Minister prior to his decision.
[Section 35 amended: No. 51 of 1975 s. 5; No. 47 of 1980 s. 10; No. 54 of 1985 s. 29 and 52.]
36. Matters Minister may or must consider before deciding applications
Before granting or refusing a licence for a commercial goods vehicle, the Minister —
(a) may take into account any one or more of the following matters —
(i) the necessity for the service proposed to be provided and the convenience that would be afforded to the public by the provision of the proposed service; and
(ii) the existing service for the carriage of goods upon the routes, or within the area, proposed to be served in relation to —
(I) its present adequacy and possibilities for improvement to meet all reasonable public demands; and
(II) the effect upon the existing service of the service proposed to be provided;
and
(iii) the condition of the roads to be included in any proposed route or area; and
(iv) the character, qualifications, and financial stability of the applicant; and
(v) the interests of persons requiring transport to be provided, and of the community generally,
but shall not be obliged, in relation to any particular licence application, to take into account all of these matters; and
(b) shall take into consideration economic development and decentralisation; and
(c) may take into consideration such other factors as he thinks fit.
[Section 36 inserted: No. 8 of 1981 s. 5; amended: No. 54 of 1985 s. 30 and 52; No. 74 of 2003 s. 121(4).]
37. Minister may grant etc. applications
Subject to the provisions of this Division, the Minister may (with or without variation) grant, or may refuse an application for a commercial goods vehicle licence.
[Section 37 amended: No. 54 of 1985 s. 52.]
38. Implied conditions of licences
It is an implied condition of every licence for a commercial goods vehicle granted by the Minister —
(a) that the vehicle be maintained in a fit and serviceable condition; and
(b) that the provisions of any Act or regulation applicable to the vehicle and its operation be complied with; and
(c) that, in relation to the vehicle, the provisions of section 48, relating to the limitation of hours of driving, be observed, and that the provisions and the requirements of any relevant industrial award or agreement applying to any persons engaged in its operation be complied with; and
(d) that the vehicle carry no load exceeding that stipulated in, and authorised by, the licence.
[Section 38 amended: No. 54 of 1985 s. 52.]
39. Minister may attach conditions to licences
(1) The Minister may, in his discretion, attach to any commercial goods vehicle licence all or any of the following conditions, namely a condition that —
(a) the vehicle operate only upon specified routes or in a specified area; and
(b) prescribed records be kept;
and may attach such other conditions as he thinks proper to impose, in the public interest.
(2) The Minister may add to, vary or cancel any of the conditions attached, pursuant to the provisions of subsection (1), to a commercial goods vehicle licence.
[Section 39 amended: No. 54 of 1985 s. 52.]
40. Duration of licences
The Minister may grant a licence for a commercial goods vehicle —
(a) for a period of one year; or
(b) for a particular purpose of specified duration.
[Section 40 amended: No. 93 of 1979 s. 12; No. 54 of 1985 s. 52.]
41. Permits to operate licensed vehicle contrary to licence
(1) The Minister may grant to the owner of any commercial goods vehicle licensed under this Division a permit authorising the vehicle to operate subject to such conditions as may be imposed by the Minister —
(3) Notwithstanding subsection (2), the Minister may grant a permit without prior lodgement of the written application where he is satisfied that sufficient information has been made available to him to enable him so to do.
(b) shall be deemed not to have taken effect if the written application relating thereto is not received by the Director General within 14 days of the Minister’s decision or if the information contained in the written application differs in a material particular from the information made available to the Minister prior to his decision.
[Section 41 amended: No. 56 of 1981 s. 7; No. 54 of 1985 s. 31 and 52.]
42. Commercial goods vehicles to be licensed under Road Traffic (Vehicles) Act 2012
A licence shall not be granted for any commercial goods vehicle under this Division unless a licence has been granted in respect of the vehicle under the Road Traffic (Vehicles) Act 2012 for that class of vehicle.
[Section 42 amended: No. 8 of 2012 s. 189.]
Subdivision 2 — Recommendations in respect of operation pursuant to subcontracts
[Heading inserted: No. 19 of 2010 s. 44(2).]
42A. Terms used
In this subdivision, unless the contrary intention appears —
authorised person means a person who is authorised in writing by the Director General to assist the Director General in the exercise of his functions and the discharge of his duties pursuant to this subdivision;
prime contractor means any person who for any consideration agrees with a consignor or consignee to transport goods for the consignor or consignee, or to arrange the transport of goods for the consignor or consignee;
service or services in relation to a sub‑contractor means the operation of a commercial goods vehicle for the transport of goods which a prime contractor has agreed with a consignor or consignee to transport, or to arrange to transport, for the consignor or consignee;
sub‑contractor means an owner of a commercial goods vehicle who is, under a contract for service, engaged by any person to operate the commercial goods vehicle for the transport of goods which a prime contractor has agreed with a consignor or consignee to transport, or to arrange to transport, for the consignor or consignee.
[Section 42A inserted: No. 53 of 1977 s. 4; amended: No. 54 of 1985 s. 52.]
42B. Remuneration of sub-contractors operating vehicles from south to north of 26°S, recommendations as to
(1) The Director General shall from time to time, as provided by this subdivision, inquire into and recommend the minimum rates of remuneration for the services supplied by a sub‑contractor from south of the 26th parallel of latitude to the north thereof.
(2) A recommendation of the Director General —
(a) shall be in writing; and
(b) shall be signed by the Director General.
(3) A copy of every recommendation made by the Director General shall be published in the Government Gazette.
(4) Without limiting the generality of subsection (1), a recommendation made by the Director General may recommend any one or all of the following —
(a) different minimum rates according to the difference in quality, description, or volume of the service supplied, or in respect of the different forms, modes, conditions, terms, or localities of operation of commercial goods vehicles;
(b) different minimum rates for different parts of the State;
(c) minimum rates according to any principle or condition specified in the recommendation.
[Section 42B inserted: No. 53 of 1977 s. 4; amended: No. 54 of 1985 s. 52.]
42C. Authority needed to operate vehicle from south to north of 26°S
(1) Notwithstanding anything contained elsewhere in this Act, on and after the appointed day a person shall not, for hire or reward, operate a commercial goods vehicle from south of the 26th parallel of latitude to the north thereof, unless he is the holder of a Certificate of Authority issued to him by the Minister for that purpose.
(2) The Minister may, on payment of the prescribed fee, issue such a certificate to the owner of a licensed commercial goods vehicle, if the Minister is satisfied that it is in the public interest to do so, and may attach to the certificate such conditions as to the mode of operation of the vehicle as he thinks proper to impose in the public interest.
(3) Subject to subsection (4) such a certificate shall be valid for such period, not exceeding 12 months, as is determined by the Minister and is specified on the certificate.
(4) The Minister may revoke such a certificate at any time if he is satisfied that it is in the public interest to do so, or if he is satisfied that the owner has not complied with any one or more of the conditions relating to the certificate.
(5) The prescribed fee shall not exceed $50 per annum and —
(a) where the certificate is for a period of less than one year the fee shall be one‑twelfth of the prescribed fee for each month or portion thereof the certificate is valid; and
(b) where the certificate is revoked the fee shall be as for the period the certificate was valid and any excess paid shall be refunded.
(6) In this section appointed day means such date as is, for the purposes of this section, fixed by the Governor by Order in Council published in the Government Gazette.
[Section 42C inserted: No. 53 of 1977 s. 4; amended: No. 54 of 1985 s. 52.]
42D. Inquires etc. by Director General
(1) The Director General may, and at the direction of the Minister shall, conduct such investigations, inquiries, study, or research as he considers necessary or desirable for the purposes of this subdivision, and for the purposes of informing, and making recommendations to, the Minister on matters related to the operational and economic stability of the commercial goods vehicle sector of the transport industry in this State.
(2) For the purposes of exercising the functions, and discharging the duties imposed on him by this subdivision, the Director General has the powers, authority, and protection of a Royal Commission under the Royal Commissions Act 1968 and the provisions of that Act apply with such modifications as are necessary, to and in relation to any investigation and inquiry that he may make for the purposes of this subdivision.
[Section 42D inserted: No. 53 of 1977 s. 4; amended: No. 54 of 1985 s. 32 and 52.]
42E. Information, power of Director General etc. to obtain
Without limiting the power of the Director General as provided by section 42D(2), for the purpose of obtaining information necessary for the effective operation of this subdivision the Director General or an authorised person may request and receive from —
(a) persons involved in the operation of, and persons for whom goods are transported or are to be transported by, commercial goods vehicles; and
(b) organisations which are acknowledged by the Director General as representative of identifiable groups of such persons,
information, in writing or otherwise, in relation to the operation of commercial goods vehicles from south of the 26th parallel to the north thereof.
[Section 42E inserted: No. 53 of 1977 s. 4; amended: No. 54 of 1985 s. 33 and 52.]
42F. Restriction on disclosing information received
A person who discloses any information relating to any business that has been furnished to him or obtained by him pursuant to this subdivision is, unless the disclosure is made —
(a) with the consent of the person carrying on or operating the business; or
(b) in connection with the administration of this Act; or
(c) for the purposes of any legal proceedings in respect of an offence as provided by section 42G or of any report of such proceedings,
guilty of an offence against this Act.
Penalty: $1 000.
[Section 42F inserted: No. 53 of 1977 s. 4.]
42G. Offence to not give, or to give false etc., information
A person who, when requested to give any information pursuant to section 42E, fails to do so unless there is reasonable cause for failing to do so (proof of which shall lie on that person), or knowingly makes any false or misleading statement in relation thereto, commits an offence against this Act for which the penalty is $1 000, and, in the case of the offence continuing, $1 000 for each day the offence continues.
[Section 42G inserted: No. 53 of 1977 s. 4.]
42H. Offender under s. 42G, revocation etc. of licence of
(1) When an offence as provided by section 42G is committed by the holder of a commercial goods vehicle licence the Minister may revoke the licence.
(2) Where an offence as provided by section 42G is committed by a person who is not the holder of a commercial goods vehicle licence and that person subsequently applies for a licence for a commercial goods vehicle, the Minister may refuse to grant such a licence to that person on the grounds that he has committed such an offence.
[Section 42H inserted: No. 53 of 1977 s. 4; amended: No. 54 of 1985 s. 52.]
Division 4 — Aircraft
43. Licensing aircraft, when licence not required
(1) Subject to this Division, the Minister may, on the application of the owner, grant a licence in respect of an aircraft.
(2) A licence is not required under this Part in respect of an aircraft used for the purpose only of transporting —
(a) a legally qualified medical practitioner in the course of his professional duties; or
(b) a sick or injured person to or from medical aid, in a case of emergency.
(3) The Minister shall not grant a licence in respect of an aircraft, unless he is satisfied that all laws of the Commonwealth relating to the aircraft and its operation have been, and will at all times be, complied with; but, subject thereto, he may (with or without variation) grant or may refuse a licence.
(4) Every licence granted shall, subject to the conditions of the licence, authorise the operation of the aircraft between the points or in any areas specified in the licence.
[Section 43 amended: No. 54 of 1985 s. 52.]
43AA. Australian National Airlines Act 1945 (Cwlth), application
Section 19A of the Australian National Airlines Act 1945 of the Commonwealth 4 is adopted for the purposes of this Act.
[Section 43AA inserted: No. 95 of 1987 s. 3.]
43A. Duration of licences
A licence for an aircraft may be granted for a period of not more than 5 years or for a particular purpose of specified duration.
[Section 43A inserted: No. 56 of 1981 s. 8; amended: No. 44 of 2016 s. 43.]
43B. Permits to operate licensed aircraft contrary to licence
(1) The Minister may grant to the owner of any aircraft licensed under this Division a permit authorising the aircraft to operate, subject to such conditions as may be imposed by the Minister, —
(3) Notwithstanding subsection (2), the Minister may grant a permit without prior lodgement of the written application where he is satisfied that sufficient information has been made available to him to enable him so to do.
(b) shall be deemed not to have taken effect if the written application relating thereto is not received by the Director General within 14 days of the Minister’s decision or if the information contained in the written application differs in a material particular from the information made available to the Minister prior to his decision.
[Section 43B inserted: No. 56 of 1981 s. 8; amended: No. 54 of 1985 s. 34 and 52.]
44. Applications for licences
(1) Every application for an aircraft licence shall be in writing, setting out —
(a) the routes on which and the area in which it is intended that the aircraft is to operate; and
(b) a description of the aircraft in respect of which the application is made; and
(c) the maximum number of passengers to be carried at any one time, and the classes of goods to be carried, by the aircraft; and
(d) the service proposed to be provided; and
(e) the fares and freight rates proposed to be charged; and
(f) such other particulars as may be prescribed.
(2) Where the application relates to a licence required for a particular purpose of limited duration, notwithstanding subsection (1) the Minister may grant the licence without prior lodgement of the written application where he is satisfied that sufficient information has been made available to him to enable him so to do.
(b) shall be deemed not to have taken effect if the written application relating thereto is not received by the Director General within 14 days of the Minister’s decision or if the information contained in the written application differs in a material particular from the information made available to the Minister prior to his decision.
[Section 44 amended: No. 56 of 1981 s. 9; No. 54 of 1985 s. 35 and 52.]
45. Matters Minister may consider before deciding application
(1) The Minister may, before granting or refusing a licence for an aircraft, take into account any one or more of the following matters —
(a) the necessity for the service proposed to be provided and the convenience that would be afforded to the public by the provision of the proposed service; and
(b) the existing service for the conveyance of passengers or goods upon the routes, or within the area, proposed to be served, in relation to —
(i) its present adequacy and possibilities for improvement to meet all reasonable public demands; and
(ii) the effect upon the existing service of the service proposed to be provided;
and
(c) the condition of the airports and landing grounds to be included in any proposed route or area; and
(d) the character, qualifications and financial stability of the applicant; and
(e) the interests of persons requiring transport to be provided, and of the community generally,
but shall not be obliged, in relation to any particular licence application, to take into account all of these matters.
[(2) deleted]
(3) Notwithstanding anything in subsection (1) the Minister may at any stage for any reason defer an application or refrain from dealing with an application.
[Section 45 amended: No. 47 of 1980 s. 11; No. 8 of 1981 s. 6; No. 30 of 1985 s. 9; No. 54 of 1985 s. 36 and 52.]
46. Implied conditions of licences
It is an implied condition of every licence for an aircraft granted by the Minister that —
(a) the provisions of any law applicable to the aircraft and its operation be complied with; and
(b) the provisions and requirements of any industrial award or agreement applying to persons engaged in the operation or servicing of the aircraft be complied with; and
(c) any direction of the Minister relating to the use of airports or landing grounds be complied with.
[Section 46 amended: No. 54 of 1985 s. 52.]
47. Minister may attach conditions to licences
(1) The Minister may, in his discretion, attach to an aircraft licence all or any of the following conditions, namely, a condition that —
(a) the aircraft be operated only upon specified routes or in a specified area; and
(b) specified timetables be observed; and
(c) specified fares and freight rates be charged; and
(d) prescribed records and statistics be kept and be supplied to the Director General,
and may attach such other conditions as he thinks fit to impose, in the public interest.
(2) The Minister may add to, vary or cancel any of the conditions attached, pursuant to the provisions of subsection (1), to an aircraft licence.
[Section 47 amended: No. 79 of 1976 s. 3; No. 54 of 1985 s. 37 and 52.]
Division 4A — Ferries
[Heading inserted: No. 115 of 1987 s. 6.]
47AA. Licensing ferries, duration of licences
(1) Subject to this Division, the Minister may, on the application of the owner, grant a licence in respect of a ferry.
(2) A licence for a ferry may be granted for a period of one year or for a particular purpose of specified duration.
[Section 47AA inserted: No. 115 of 1987 s. 6.]
47AB. Permits to operate licensed ferry contrary to licence
(1) The Minister may grant to the owner of any ferry licensed under this Division a permit authorising the ferry to operate, subject to such conditions as may be imposed by the Minister —
(3) Notwithstanding subsection (2), the Minister may grant a permit without prior lodgement of the written application where he is satisfied that sufficient information has been made available to him to enable him so to do.
(b) shall be deemed not to have taken effect if the written application relating thereto is not received by the Director General within 14 days of the Minister’s decision or if the information contained in the written application differs in a material particular from the information made available to the Minister prior to his decision.
[Section 47AB inserted: No. 115 of 1987 s. 6.]
47AC. Applications for licences
(1) Every application for a ferry licence shall be in writing, setting out —
(a) the routes on which and the area in which it is intended that the ferry is to operate; and
(b) a description of the ferry in respect of which the application is made; and
(c) the maximum number of passengers to be carried at any one time, and the classes of goods, if any, to be carried, by the ferry; and
(d) the service proposed to be provided; and
(e) the fares proposed to be charged; and
(f) such other particulars as may be prescribed.
(2) Where the application relates to a licence required for a particular purpose of limited duration, notwithstanding subsection (1) the Minister may grant the licence without prior lodgement of the written application where he is satisfied that sufficient information has been made available to him to enable him so to do.
(b) shall be deemed not to have taken effect if the written application relating thereto is not received by the Director General within 14 days of the Minister’s decision or if the information contained in the written application differs in a material particular from the information made available to the Minister prior to his decision.
[Section 47AC inserted: No. 115 of 1987 s. 6.]
47AD. Matters Minister may consider before deciding applications
(1) The Minister may, before granting or refusing a licence for a ferry, take into account the interests of persons requiring transport to be provided, and of the community generally.
(2) Notwithstanding anything in subsection (1) the Minister may at any stage for any reason defer an application or refrain from dealing with an application.
[Section 47AD inserted: No. 115 of 1987 s. 6.]
47AE. Implied conditions of licences
It is an implied condition of every licence for a ferry granted by the Minister that the provisions of any law applicable to the ferry and its operation be complied with.
[Section 47AE inserted: No. 115 of 1987 s. 6.]
47AF. Minister may attach conditions to licences
(1) The Minister may, in his discretion, attach to a ferry licence all or any of the following conditions, namely, a condition that —
(a) the ferry be operated only upon specified routes or in a specified area;
(b) specified timetables be observed;
(c) specified fares be charged;
(d) prescribed records and statistics be kept and be supplied to the Director General,
and may attach such other conditions as he thinks fit to impose, in the public interest.
(2) The Minister may add to, vary or cancel any of the conditions attached, pursuant to subsection (1), to a ferry licence.
[Section 47AF inserted: No. 115 of 1987 s. 6.]
Division 5 — Ships
47A. Terms used
(1) In this Division, unless the contrary intention appears —
master in relation to a ship means the person having command or charge of the ship but does not include the pilot thereof;
port includes place and harbour;
ship means any vessel of a registered tonnage of not less than 80 tons that is used in sea navigation and includes barge, lighter or other floating vessel.
(2) A ship shall be deemed to be engaged in the coasting trade, within the meaning of this Division, if the ship takes on board cargo at any port in the State to be carried to, and delivered at, any other port in the State.
(3) For the purposes of this Division, each ship operated by or on behalf of the Western Australian Coastal Shipping Commission established under the Western Australian Coastal Shipping Commission Act 1965, shall while it is so operated, be deemed to be authorised under this Division to engage in the coasting trade and no licence or permit is required thereunder for such a ship while it is being so operated.
(4) The Minister may, by notice published in the Government Gazette, declare that the provisions of this Division shall not apply to —
(a) any ship or class of ship; or
(b) any cargo or class of cargo,
subject to any conditions that may be set out in the notice, and while a ship is being operated or a cargo is carried under the authority of a notice published under this subsection no licence or permit is required under this Division.
[Section 47A inserted: No. 64 of 1970 s. 6.]
47B. Licence or permit for ships to engage in coasting trade
(1) Subject to this Division, a ship shall not engage in the coasting trade unless it is authorised to do so pursuant to a licence or permit granted under this Division.
(2) The master, owner, charterer or agent of a ship that —
(a) engages in the coasting trade without the ship being so authorised; or
(b) engages in the coasting trade contrary to the licence or permit authorising it to engage in the coasting trade,
commits an offence against this Act.
Penalty: $1 000.
(3) An application for a licence or permit for a ship to engage in the coasting trade may be made to the Director General in the prescribed form by the master, owner, charterer or agent of the ship.
(4A) The application shall specify —
(a) the name, port of registry and official number of the ship; and
(b) the name of its registered owner and master; and
(c) the ports in the State between which it is desired to trade; and
(d) whether the licence or permit to which the application relates is desired for the carriage of cargo only or both cargo and passengers and the kind and amount of cargo intended to be carried; and
(e) such other particulars as may be prescribed.
(4B) Where an application is for a permit, the application shall also specify the voyage for which the permit is desired.
(5) Where a licence has been granted under this Division in respect of a ship, the master, owner, charterer or agent thereof may, from time to time, make application to the Director General in the prescribed form for a renewal of the licence and the application shall be made not less than 30 days before the expiration of the period for which the licence was granted or renewed.
(6) A licence or a renewal of a licence may be granted by the Minister for such period not exceeding 3 years as is determined by the Minister but the Minister may in relation to a particular licence grant or renew the licence for a period in excess of 3 years as he specifies in the licence.
(7) A permit may be granted by the Minister in respect of a single voyage only and between such 2 or more ports in the State as are specified in the permit.
(8) In respect of every licence or permit under this Division there shall be paid to the Director General in the prescribed manner a fee determined by the Minister based on but not exceeding —
(a) for a licence or the renewal of a licence, the prescribed amount for each month or part thereof of the term of the licence or renewal; and
(b) for a permit, the prescribed amount for each tonne of cargo carried on the voyage to which the permit relates,
with a minimum fee of $5 per permit.
[Section 47B inserted: No. 64 of 1970 s. 7; amended: No. 94 of 1972 s. 4 (as amended: No. 83 of 1973 s. 3); No. 54 of 1985 s. 38 and 52; No. 13 of 1989 s. 7; No. 19 of 2010 s. 51.]
47C. Licences and permits to be granted in some cases
(1) The Minister shall grant —
(a) a licence or permit under this Division for a ship, if he is satisfied that —
(i) the cargo to be carried by the ship in the course of the coasting trade to which the licence or permit will relate, and which is specified in the application for the licence or permit, is cargo of such a kind that none of the ships that are deemed to be authorised to engage in the coasting trade under this Division is technically suited to carry; or
(ii) the Commission that controls the ships so authorised does not wish any of the ships to carry the cargo; or
(iii) the cargo to be carried by the ship in the course of the coasting trade to which the licence or permit will relate and which is specified in the application for the licence or permit is cargo of such a kind that requires for the purpose of its loading onto, carriage in, or unloading from, the ship, specialised equipment that is in operation in the State for the purpose on the commencement of this section;
(b) a permit under this Division for a ship, if he is satisfied that —
(i) the cargo specified in the application for the permit is required for a purpose or operation that must be completed, continued or carried out without interruption; and
(ii) in order to prevent the interruption the cargo is required to be carried to a port so specified by a particular date or as near thereto as is practicable; and
(iii) the ship to which the application relates will be able to so carry the cargo; and
(iv) none of the ships that are deemed to be authorised to engage in the coasting trade is available at the relevant time to so carry the cargo, or the Commission that controls the ships so authorised does not wish to arrange for the cargo to be so carried to that port.
(2) The Minister shall grant a licence or permit under this Division to engage in the coasting trade in any other case if, after considering the application and having regard to —
(a) the extent to which the granting of the licence or permit is necessary or desirable in the public interest; and
(b) the needs of the port or ports specified in the application and the district in which they are situate in relation to the existing authorised coasting trade; and
(c) the necessity, in the public interest, of protecting the public funds in operating ships deemed to be authorised to carry on the coasting trade, when the application is for a licence or permit to engage in the coasting trade in respect of a port or ports at which such ships call,
he is of opinion that it is necessary or desirable to grant the licence or permit.
[Section 47C inserted: No. 64 of 1970 s. 8; amended: No. 54 of 1985 s. 52.]
47D. Investigative powers
(1) For the purpose of ascertaining whether the provisions of this Division or any regulation relating thereto are being contravened, any person authorised for the purpose by the Director General by instrument in writing and whether so authorised generally or in any particular case, may go on board any ship and may request the person in charge or apparently in charge of the ship —
(a) to produce for inspection any licence or permit, if any, granted under this Division in respect of the ship, the manifest of the ship and any other document that the person so authorised requires to inspect for the purpose; and
(b) to permit an inspection of the ship and the cargo loaded or being loaded into the ship; and
(c) to state his name and address.
(2) A person who goes on board a ship pursuant to this section —
(a) may be accompanied and assisted by an interpreter where the records of the ship are kept in a language other than English; and
(b) may cause any licence, permit, manifest of the ship or other document inspected by him pursuant to this section, to be copied.
(3) A person who —
(a) fails to produce the licence, permit, manifest of a ship or other document or does not allow any of them to be copied;
(b) refuses to permit an inspection of a ship or its cargo;
(c) refuses to state his name and address;
(d) refuses to allow any person to go on board a ship who is authorised to do so under this Act,
after being requested so to do pursuant to this section, commits an offence against this Act.
Penalty: $300.
[Section 47D inserted: No. 64 of 1970 s. 9; amended: No. 54 of 1985 s. 52.]
47E. Prosecutions may be commenced at any time
A prosecution for an offence against this Act may be brought at any time.
[Section 47E inserted: No. 64 of 1970 s. 10.]
47F. This Division in addition to Western Australian Marine Act 1982
This Division shall be read and construed as being in addition to and not in derogation of or in substitution for any of the provisions of the Western Australian Marine Act 1982.
[Section 47F inserted: No. 64 of 1970 s. 11.]
[Part IIIA: s. 47G‑47X deleted: No. 56 of 1997 s. 58;
s. 47Y deleted: No. 54 of 1985 s. 41.]
[Part IIIB: s. 47Z-47ZG deleted: No. 26 of 2018 s. 342.]
Part IV — Miscellaneous
48. Time limits for continuously driving commercial goods vehicles
(1) A person shall not drive, or cause or permit any person employed by or under any contractual engagement with him, or subject to his orders, to drive a commercial goods vehicle that is required to be licensed pursuant to this Act —
(a) for an unbroken period exceeding 5 and one‑half hours; or
(b) during any period of 24 hours commencing at midnight, for periods exceeding, in the aggregate, 11 hours; or
(c) so that the driver has less than 10 consecutive hours for rest, during the period of 24 hours calculated from the commencement of any period of driving, unless he has 9 hours for rest during that period of 24 hours and 12 hours for rest during the next ensuing period of 24 hours.
(2) For the purposes of this section —
(a) any period that does not include one‑half hour during which the driver is able to rest and take refreshment is deemed to be an unbroken period; and
(b) any time spent by the driver on work in connection with a commercial goods vehicle or its load, in the course of a journey, in any capacity other than as a passenger, is deemed to be time spent in driving.
(3) Where an employee is obliged by his employer to drive a commercial goods vehicle so as to contravene any or all of the provisions of this section that contravention shall not be pleaded in bar to any claim for the recovery of any wages or other remuneration due by the employer to the employee.
[Section 48 amended: No. 30 of 1985 s. 11.]
49. Investigative powers of police etc.
(1) For the purpose of ascertaining whether the provisions of this Act or of any regulation made under this Act are being or have been contravened, a member of the Police Force or any person authorised in that behalf in writing by the Director General (whether generally or in any particular case) may —
(a) require the owner and the driver of a vehicle, and any other person whom he has reasonable grounds to believe may have information as to the operation of any vehicle —
(i) to produce for inspection any licence, permit, or other document that, by this Act or the regulations, is required to be obtained in respect of a vehicle or its operation or carried on a vehicle; or
(ii) to state his name and place of abode; or
(iii) to permit an inspection to be made of any vehicle, any passenger or of any load; or
(iv) to give information in respect of any load, its despatch and receipt, including the identity of the person who hired the vehicle for the carriage of that load and the identity of the consignor and consignee of any of the goods which that load contains; or
(v) to give information in respect of any passengers, the carriage of those passengers and the identity of the person who hired the vehicle for the carriage of those passengers;
and
(b) at any time stop and detain any vehicle and inspect any goods which the load of that vehicle contains or any documents pertaining thereto; and
(ba) at any time stop and detain any vehicle and, for the purposes of determining the number or class of passengers being carried by the vehicle, inspect any passengers being so carried or any documents pertaining thereto; and
(c) having lawfully entered upon any premises where he has reasonable cause to suspect that any vehicle, goods or documents concerned in any offence or suspected offence or attempt to commit an offence may be found, thereon search for and inspect any such vehicle, goods or documents; and
(d) take copies of or extracts or notes from any accounts, records, books or other documents, so inspected; and
(e) be accompanied and assisted by an interpreter,
and a person disclosing information pursuant to a requirement under this subsection or permitting inspection of, or the taking of copies, extracts, or notes of, any document under this subsection does not thereby commit a breach of any duty of secrecy however imposed.
(1a) If a justice is satisfied on oath by a person who is a member of the Police Force or is authorised in writing by the Director General to exercise the power conferred by subsection (1)(c) that —
(a) there is reasonable cause to suspect that any vehicle, goods or documents concerned in any offence or suspected offence or attempt to commit an offence may be found on any premises; and
(b) the issue of the warrant is reasonably required for the purpose referred to in subsection (1),
the justice may by warrant under his hand in the prescribed form authorise that person, together with any other person named in the warrant or any member, or as the case may be, other member, of the Police Force, to enter the premises, if necessary by force.
(2) A person who fails to produce any licence, permit or other document required to be produced pursuant to subsection (1), within 24 hours after being so required, or fails to stop a vehicle when required to do so pursuant to this section, or refuses to state his name and place of abode, or states a false name or place of abode, or refuses to permit an inspection to be made of the vehicle, its passengers, or of its load, or refuses to give information as specified in paragraph (a)(iv) or (v) of that subsection, or gives false information, is, without affecting the consequence of any other offence that he may have committed, guilty of an offence.
Penalty: For a first offence, not more than $200, for a second offence, not more than $300, and for a third or subsequent offence, not more than $500, but, in the case of a fourth or subsequent offence committed within a period of 3 years since the date of the last conviction under this subsection where it is shown that the accused has engaged in a course of conduct in contravention of this Act, not less than $200.
(3) A person shall not —
(a) hinder or obstruct any person in the execution of any power or duty conferred on him by this Act, or lawfully performing such power or duty;
(b) assault, threaten or intimidate or use improper or abusive language to any person so acting.
Penalty: $400.
[Section 49 amended: No. 64 of 1970 s. 12; No. 51 of 1975 s. 6; No. 79 of 1976 s. 4; No. 47 of 1980 s. 13; No. 30 of 1985 s. 12; No. 54 of 1985 s. 52; No. 115 of 1987 s. 8; No. 50 of 2003 s. 99(2).]
50. Offences, defences and penalties for operating unlicensed public vehicles
(1) The driver and the owner of a public vehicle, and any person who consigns or sends or causes to be consigned, sent or conveyed, or offers or agrees to consign, send or convey, any goods or passenger by a public vehicle that is operated where —
(a) the vehicle is not appropriately licensed as such under this Act; or
(b) the vehicle being licensed, is carrying goods not authorised, or otherwise than authorised, by the licence; or
(c) an appropriate Certificate of Authority issued under section 42C is not in force,
are, subject to subsection (2), severally guilty of an offence.
Penalty for an individual: $2 500.
Penalty for a body corporate: $10 000.
(2) In any prosecution against a driver under this section it is a good defence if the driver shows that he believed, on reasonable grounds, that the public vehicle was operating in accordance with a licence granted under this Act.
(3) Where —
(a) the driver or the owner of a public vehicle is convicted of an offence under this section relating to the operation of the public vehicle; and
(b) there is before the court by or before which the person is convicted a certificate purporting to be signed by an officer authorised in that behalf by the Director General specifying the amount of the licence fee that the Minister would have determined to be payable in respect of an appropriate licence authorising such operation had such a licence been applied for and issued,
the certificate is conclusive evidence of the matter certified therein without proof of the signature of the officer purporting to have signed it or proof that the purported signatory was authorised in that behalf by the Director General, and the Court shall, in addition to any other penalty inflicted for the offence, order the person convicted to pay to the Director General the amount specified in the certificate.
(4) Where in any proceedings under this section the Court records a finding to the effect that the accused has satisfied the Court that he was not directly responsible for the commission of the offence, and whether or not any other person has been convicted in relation to the same matter, the accused may recover in any Court of competent jurisdiction from any person directly responsible for the commission of the offence the amount of any pecuniary penalty imposed on his conviction and paid or payable by him, together with the costs, fees, charges and other expenses paid or payable by him in relation to his defence to those proceedings, and the Court may, if it thinks fit, suspend the operation of any order made under subsection (3) for any period not exceeding 3 months to enable the accused so to effect recovery.
[Section 50 amended: No. 51 of 1975 s. 7; No. 93 of 1979 s. 13; No. 47 of 1980 s. 14; No. 54 of 1985 s. 44; No. 40 of 2000 s. 10; No. 84 of 2004 s. 82.]
51. Evidentiary provisions
In any prosecution for an offence under this Act, an averment in the charge that —
(a) a person is, or was, the owner of a public vehicle; or
(b) a public vehicle is or was unlicensed,
is deemed to be proved, in absence of proof to the contrary.
[Section 51 inserted: No. 30 of 1985 s. 13; amended: No. 84 of 2004 s. 80.]
[52. Deleted: No. 47 of 1980 s. 15.]
53. Failure to comply with licence
The owner or driver of a public vehicle licensed under this Act who neglects or fails to comply with, or observe, any of the terms and conditions attached to or implied in the licence commits an offence.
54. Commercial goods vehicle not to carry passengers
A person driving or using a commercial goods vehicle that is required to be licensed under this Act shall not carry, or permit any person to ride, in or upon the vehicle, unless —
(a) the licence granted in respect of the vehicle expressly authorises the carriage of passengers; or
(b) the person so carried is —
(i) carried in the case of an emergency; or
(ii) is carried without fee or reward of any kind;
or
(c) the owner of the vehicle is the holder of a special permit granted by the Minister, and the person so carried is carried in conformity with the permit.
[Section 54 amended: No. 54 of 1985 s. 52.]
[55. Deleted: No. 26 of 2018 s. 343.]
[55A. Deleted: No. 9 of 2023 s. 150.]
56. General penalty
Every person guilty of an offence against this Act or against any regulation for which a penalty is not expressly provided is liable to a penalty not exceeding $2 000 and, in the case of a continuing offence, to a further penalty not exceeding $400 for each day on which the offence is continued after conviction.
[Section 56 amended: No. 30 of 1985 s. 14; No. 40 of 2000 s. 11.]
[56A, 56B. Deleted: No. 10 of 1999 s. 10.]
57. Minister may revoke or suspend licence or permit
(1) A licence or permit may be revoked or suspended by the Minister, on the ground that the holder has not complied with any one or more of the conditions of, or relating to, the licence or permit or any restrictions or prohibitions that apply in relation thereto.
(2) The Minister shall not revoke or suspend a licence unless, owing to the frequency of the breach of the conditions of, or attached to, the licence or any restrictions or prohibitions that apply in relation thereto, or to the breach having been committed wilfully, or to the danger to the public involved in the breach, the Minister is satisfied that the licence should be revoked or suspended.
(3) An application may be made to the State Administrative Tribunal for a review of the decision of the Minister in revoking or suspending a licence.
(4) A person applying under subsection (3) for a review shall lodge in the State Administrative Tribunal an amount of $20, by way of security for the costs of his application; and the application shall not be heard until such time as that amount is so lodged.
[(5)-(7) deleted]
[Section 57 amended: No. 9 of 1979 s. 13; No. 70 of 1981 s. 4; No. 54 of 1985 s. 45 and 52; No. 56 of 1997 s. 60; No. 55 of 2004 s. 1232; No. 26 of 2018 s. 344 .]
58. Recovering penalties
(1) The Director General may direct, either generally or in any particular case, proceedings to be taken for the recovery of penalties in respect of offences committed against the provisions of this Act or of any regulation.
(2) In any such proceedings no proof is, unless evidence is given to the contrary, required —
(a) of a direction to take the proceedings; or
(b) of the authority of any officer of the Department, or of any other person, to take the proceedings; or
(c) of the due appointment of the Director General.
(3) The provisions of this section do not affect the power of a member of the Police Force to take proceedings for the recovery of any penalties under this Act.
[Section 58 amended: No. 54 of 1985 s. 46 and 52; No. 57 of 1997 s. 122(4).]
58A. Infringement notices
(1) A reference in subsection (2), (3), (5) or (7) to an authorised person is a reference to a person appointed under subsection (10) to be an authorised person for the purposes of the subsection in which the term is used.
(2) Subject to section 58B, an authorised person who has reason to believe that a person has committed a prescribed offence against this Act or the regulations may, within 28 days after the alleged offence is believed to have been committed, give an infringement notice to the alleged offender.
(3) An infringement notice is to be in the prescribed form and is to —
(a) contain a description of the alleged offence; and
(b) advise that if the alleged offender does not wish to be prosecuted for the alleged offence in a court, the amount of money specified in the notice as being the modified penalty for the offence may be paid to an authorised person within a period of 28 days after the giving of the notice; and
(c) inform the alleged offender as to who are authorised persons for the purposes of receiving payment of modified penalties.
(4) In an infringement notice the amount specified as being the modified penalty for the offence referred to in the notice is to be the amount that was the modified penalty prescribed by regulation at the time the alleged offence is believed to have been committed.
(5) An authorised person may, in a particular case, extend the period of 28 days within which the modified penalty may be paid and the extension may be allowed whether or not the period of 28 days has elapsed.
(6) Where the modified penalty specified in an infringement notice has been paid within 28 days or such further time as is allowed and the notice has not been withdrawn, the bringing of proceedings and the imposition of penalties are prevented to the same extent as they would be if the alleged offender had been convicted by a court of, and punished for, the alleged offence.
(7) An authorised person may, whether or not the modified penalty has been paid, withdraw an infringement notice by sending to the alleged offender a notice in the prescribed form stating that the infringement notice has been withdrawn.
(8) If an infringement notice is withdrawn after the modified penalty has been paid, the amount is to be refunded.
(9) Payment of a modified penalty is not to be regarded as an admission for the purposes of any proceedings, whether civil or criminal.
(10) The Director General may, in writing appoint persons or classes of persons to be authorised persons for the purposes of subsection (2), (3), (5) or (7) but a person who is authorised to give infringement notices under subsection (2) is not eligible to be an authorised person for the purposes of any of the other subsections.
(11) The Director General shall issue to each person who is authorised to give infringement notices under this section a certificate stating that the person is so authorised, and the authorised person is to produce the certificate whenever required to do so by a person to whom he or she has given or is about to give an infringement notice.
[Section 58A inserted: No. 40 of 2000 s. 12; amended: No. 84 of 2004 s. 80.]
58B. Owner onus in relation to motor vehicles
(1) If an allegation is made of a prescribed offence against this Act or the regulations where an element of that offence is the parking, standing or leaving of a motor vehicle, and the identity of the driver or person in charge of the motor vehicle at the time of the commission of that offence cannot be immediately established, an infringement notice in respect of that allegation may be served under section 58A(2) on the owner of the motor vehicle —
(a) at the owner’s last known place of residence or business; or
(b) by leaving the infringement notice in or on, or attaching it to, the motor vehicle.
(2) When an infringement notice is served on the owner of a motor vehicle in the circumstances referred to in subsection (1), then, unless within the period stated in the infringement notice or that period as extended —
(a) the modified penalty is paid; or
(b) the owner —
(i) identifies to an authorised person the person who was the driver or person in charge of the motor vehicle at the relevant time; or
(ii) satisfies an authorised person that, at the relevant time, the motor vehicle had been stolen or unlawfully taken or was being unlawfully used,
the owner is deemed to be the driver or person in charge of the motor vehicle at the time of the commission of the alleged offence.
authorised person means an authorised person appointed under section 58A(10) for purposes other than to serve infringement notices under section 58A(2);
motor vehicle has the meaning given by the Road Traffic (Administration) Act 2008 section 4;
owner in relation to a vehicle means the person to whom a licence in respect of the vehicle has been granted under the Road Traffic (Vehicles) Act 2012, or, if the vehicle is not licensed under that Act, the person who owns the vehicle or is entitled to its possession.
[Section 58B inserted: No. 40 of 2000 s. 12; amended: No. 8 of 2012 s. 193.]
59. Effect of other road laws
Save as otherwise expressly provided, nothing in this Act limits or affects the operation of a road law as defined in the Road Traffic (Administration) Act 2008 section 4 but a road law shall be construed subject to the express provisions of this Act.
[Section 59 amended: No. 8 of 2012 s. 194.]
[59A. Deleted: No. 4 of 1986 s. 4.]
60. Regulations
(1) The Governor may make regulations for any purpose for which regulations are contemplated or required by this Act and may make all such other regulations as may, in his opinion, be necessary or convenient for giving full effect to the provisions of, and for the due administration of, this Act.
(2) Without limiting the generality of subsection (1), the Governor may make regulations with respect to —
(a) the custody and method of affixing the Ministerial Body’s common seal; and
(b) the form of the common seal; and
[(c)‑(ea) deleted]
(f) stopping places and signs and shelters; and
(g) the fixing of the power load weight of a commercial goods vehicle required to be licensed under this Act, where the method is not expressly prescribed by this Act; and
(h) the maintenance and repair of public vehicles; and
(i) the publication of time tables, fares, and rates, whether by exhibition in or on public vehicles, or otherwise; and
(j) applications for licences or permits under this Act and the revocation, suspension, or transfer of such licences or permits; and
(k) the form and conditions of and any particulars to be set out in licences or permits under this Act; and
(l) records to be kept in relation to public vehicles; and
(m) the furnishing by owners of public vehicles of statistical and other information; and
(ma) the carrying on public vehicles, in respect of loads thereon, of such documents or classes of documents as are specified in the regulations; and
(mb) the percentages and amounts required to be prescribed under section 21(1) and section 47B(8); and
(n) the fees payable in respect of applications under this Act other than applications to the State Administrative Tribunal for a review; and
(o) the fee payable for any special permit under this Act or any Certificate of Authority under section 42C; and
(oa) the prescription of offences for which an infringement notice may be given under section 58A; and
(ob) the prescription of a modified penalty not exceeding $500 for an offence prescribed under paragraph (oa); and
(p) providing for distinguishing words, letters, numbers, colours, or marks, being or not being placed on public vehicles; and
(q) the provision and maintenance of the road transport of goods in areas not served by railways, and, in particular, in relation to any such transport —
(i) the areas to be served, and the routes to be followed; and
(ii) the classes of goods to be carried; and
(iii) the rates to be paid in respect of, and the manner of payment of, any subsidy granted for its provision and maintenance, pursuant to this Act.
(3) Any regulations made under this Act —
(a) may be of general or specially limited application, according to time, place, or circumstances; and
(b) may prescribe penalties of not exceeding $2 000 for any breach of them.
(4) Notwithstanding the provisions of section 36 of the Interpretation Act 1918 5, a regulation made under this section for the purpose of reducing or withdrawing any subsidy granted in aid of road transport under the provisions of this Act, shall not take effect or have any force of law until such time as the regulation is no longer subject to disallowance under the former section.
[Section 60 amended: No. 79 of 1976 s. 7; No. 53 of 1977 s. 7; No. 70 of 1981 s. 5; No. 54 of 1985 s. 48; No. 115 of 1987 s. 9; No. 13 of 1989 s. 8; No. 64 of 1994 s. 10; No. 40 of 2000 s. 13; No. 7 of 2002 s. 50; No. 31 of 2003 s. 196; No. 55 of 2004 s. 1233; No. 26 of 2018 s. 345 .]
61. Protection of Minister, Director General etc.
No matter or thing done by the Minister, by the Ministerial Body, by the Director General or by any person acting with the authority of any of them, in good faith for the purpose of carrying out this Act, shall subject the Crown, the Minister, the Ministerial Body, the Director General or any person acting with the authority of the Minister or the Ministerial Body or the Director General to any liability in respect of the matter or thing so done.
[Section 61 amended: No. 52 of 1985 s. 52; No. 42 of 1999 s. 10; No. 7 of 2002 s. 51.]
[62, 62A. Deleted: No. 7 of 2002 s. 52.]
[62B. Deleted: No. 31 of 2003 s. 197.]
63. Subsidies, payment of
Subject to the regulations, the Minister may, out of such moneys as may, from time to time, be appropriated by Parliament, authorise the payment of subsidies for the purposes of this Act or the Transport (Road Passenger Services) Act 2018.
[Section 63 amended: No. 26 of 2018 s. 346.]
64. Review of Act
(1) The Minister shall carry out a review of the operation of this Act as soon as is practicable after 1 January 1991 and every 5th anniversary of that date and in the course of such review the Minister shall consider and have regard to —
(a) the attainment of the object of this Act;
(b) the administration of this Act;
(c) the effectiveness of the operations of the Minister as a body corporate under this Act, the Department, the Transport Strategy Committees and any other committee or body established or constituted under or for the purposes of this Act;
(d) the need for the continuation of the Minister as a body corporate under this Act and any other committee or body established or constituted under or for the purposes of this Act;
(e) such other matters as appear to the Minister to be relevant.
(2) The Minister shall prepare a report based on the review referred to in subsection (1) and shall, as soon as is practicable after its preparation, cause the report to be laid before each House of Parliament.
[Section 64 inserted: No. 54 of 1985 s. 50.]
First Schedule — Carriage for which commercial goods vehicle licence not required
[s. 33(4)]
[Heading amended: No. 19 of 2010 s. 4.]
For the purposes of this Schedule a vehicle shall not be regarded as being owned by the producer of the goods being carried unless —
(a) where the vehicle is owned by a natural person, that person is the producer of the goods being carried on the vehicle or is operating the vehicle for, or on behalf of, another person who is the producer of the goods being carried under a bona fide agreement or arrangement that relates to the production of the goods and not only to the transport thereof;
(b) where the vehicle is owned by more than 1 person, those persons are bona fide the producers of the goods being carried;
(c) where the vehicle is owned by a body corporate, the membership of the body corporate consists of natural persons who are bona fide the producers of the goods being carried,
and that person or one of those persons or one of the members of the body corporate, as the case requires, is the person to whom a licence in respect of the vehicle is granted under the Road Traffic (Vehicles) Act 2012.
- The carriage of produce of farms or forests or farming requisites or requisites for the production of timber between any farm or forest and the railway station or town nearest to the farm or forest and if the produce of a farm is grain or seed the carriage of that produce from the farm to the nearest bulk grain handling facility that is in the direction of the proposed destination of that produce and that is available for its receival.
For the purposes of this item the term farm includes a sheep station or a cattle station.
-
The carriage of produce and goods between the station property of any person engaged in the pastoral industry between such property and the railway station or town nearest to the property.
-
The carriage of livestock, poultry, fruit, vegetables, dairy produce or other perishable commodities or grain or seed for sale or, in the case of livestock, for sale or agistment, irrespective of quantity or value, from the place where they are produced to any other place, in a vehicle owned by the producer thereof and, on the return journey, the carriage of requisites for the domestic use of the producer or for use by him in the production of the commodities herein named.
-
The carriage of bees, bee hives, honey, bees wax and beekeepers’ requisites and appliances, in the course of the production of honey, in a vehicle owned by the producer thereof.
-
The carriage of grain in a vehicle owned by the producer thereof to a flour mill for the purpose of being gristed, milled, or treated, and the carriage from the mill of flour, meal, bran, pollard, or offal received in exchange for the grain, for use on the farm where the grain was produced.
-
The carriage of ore from mines and mining requisites within any one prescribed mining district.
-
By the Crown or any local government for its own purposes other than the carriage of goods for hire or reward.
-
The carriage of household furniture or personal effects of a householder or a member of his family, where the furniture or effects are being moved —
(a) from residence to residence;
(b) from storage to residence;
(c) from residence to storage or sale;
(d) from a vendor to the residence of the purchaser.
-
The carriage by commercial travellers, of samples of goods for exhibition to prospective purchasers and not for sale.
-
The carriage of livestock to or from agricultural shows or exhibitions.
-
The carriage of milk or cream to the nearest factory.
-
The carriage of shearing employees and their luggage to any place or places where they are to carry out any shearing contract and the return by the same vehicle to their place of residence on completion of the contract.
-
The carriage of goods off any route or outside any area in respect of which the Minister has granted a licence pursuant to his acceptance of a tender called under the provisions of this Act and within a radius of 60 km from any one country railway station or railway siding, if the goods have been, or are to be, transported by railway for a distance of not less than 20 km to or from the railway station or siding.
-
Any carriage for which, in the opinion of the Minister, it is necessary, either generally or subject to conditions, to grant an exemption from the provisions of section 20.
-
The carriage of such goods as may, from time to time, be prescribed by regulation, if the goods are of the same or a similar kind as or to those mentioned in any of the preceding items of this Schedule.
For the purposes of this Schedule a reference to a railway station or town nearest to a property is a reference to that station or town most accessible to the property or farm, as the case may be, and, notwithstanding the definition of railway in this Act, the term railway station includes any railway station whatsoever.
[First Schedule amended: No. 94 of 1972 s. 4(1); No. 30 of 1985 s. 16; No. 54 of 1985 s. 51 and 52; No. 14 of 1996 s. 4; No. 39 of 2000 s. 66; No. 29 of 2002 s. 25; No. 8 of 2012 s. 195.]
[Second Schedule deleted: No. 13 of 1989 s. 10.]
[Third Schedule deleted: No. 56 of 1997 s. 60.]
dline
Notes
This is a compilation of the Transport Co-ordination Act 1966 and includes amendments made by other written laws 6, 7, 15-20. For provisions that have come into operation, and for information about any reprints, see the compilation table.
Compilation table
| Short title | Number and year | Assent | Commencement |
|---|
| Road and Air Transport Commission Act 1966 8 | 53 of 1966 | 5 Dec 1966 | 19 Jun 1967 (see s. 2 and Gazette 9 Jun 1967 p. 1547) |
| Road and Air Transport Commission Act Amendment Act 1968 | 6 of 1968 | 26 Sep 1968 | 26 Sep 1968 |
| Road and Air Transport Commission Act Amendment Act 1970 | 64 of 1970 | 17 Nov 1970 | 8 Aug 1971 (see s. 2 and Gazette 16 Jul 1971 p. 2558) |
| Transport Commission Act Amendment Act 1972 | 58 of 1972 | 31 Oct 1972 | 31 Oct 1972 |
| Metric Conversion Act 1972 | 94 of 1972 (as amended by No. 19 and 83 of 1973) | 4 Dec 1972 | Relevant amendments (see Third Sch. 9) took effect on 7 Mar 1974 (see s. 4(2) and Gazette 7 Mar 1974 p. 762) |
| Reprint of the Transport Commission Act 1966 approved 20 Feb 1973 (includes amendments listed above except those in the Metric Conversion Act 1972) | | | |
| Transport Commission Act Amendment Act 1975 | 51 of 1975 | 18 Sep 1975 | 18 Sep 1975 |
| Transport Commission Act Amendment Act 1976 | 24 of 1976 | 9 Jun 1976 | 1 Feb 1977 (see s. 2 and Gazette 24 Dec 1976 p. 5028) |
| Transport Commission Act Amendment Act (No. 2) 1976 | 79 of 1976 | 18 Oct 1976 | Act other than s. 5 and 6: 18 Oct 1976 (see. s. 2(1)); s. 5 and 6: 1 Feb 1977 (see s. 2(2) and Gazette 24 Dec 1976 p. 5028) |
| Reprint of the Transport Commission Act 1966 approved 21 Jun 1977 (includes amendments listed above) | | | |
| Transport Commission Act Amendment Act 1977 | 53 of 1977 | 23 Nov 1977 | 23 Nov 1977 |
| Acts Amendment and Repeal (Road Maintenance) Act 1979 Pt. III | 9 of 1979 | 18 May 1979 | 18 May 1979 (see s. 2(1)) |
| Transport Commission Act Amendment Act (No. 2) 1979 | 93 of 1979 | 17 Dec 1979 | 8 Feb 1980 (see s. 2 and Gazette 8 Feb 1980 p. 383) |
| Transport Amendment Act 1980 | 47 of 1980 | 19 Nov 1980 | 19 Nov 1980 |
| Acts Amendment (Motor Vehicle Pools) Act 1980 Pt. I | 48 of 1980 | 19 Nov 1980 | 19 Nov 1980 |
| Transport Amendment Act 1981 | 8 of 1981 | 22 May 1981 | Act other than s. 3: 8 Jun 1981 (see s. 2 and Gazette 5 Jun 1981 p 1729); s. 3: 1 Oct 1981 (see s. 2 and Gazette 7 Aug 1981 p. 3203) |
| Transport Amendment Act (No. 2) 1981 | 56 of 1981 | 13 Oct 1981 | Act other than s. 10 and 11: 13 Oct 1981 (see s. 2(1)); s. 10 and 11: 31 Dec 1981 (see s. 2(2) and Gazette 31 Dec 1981 p. 5363) |
| Transport Amendment Act (No. 3) 1981 | 70 of 1981 | 30 Oct 1981 | 1 Aug 1982 (see s. 2 and Gazette 23 Jul 1982 p. 2842) |
| Acts Amendment (Traffic Board) Act 1981 Pt. V | 106 of 1981 | 4 Dec 1981 | 2 Feb 1982 (see s. 2 and Gazette 2 Feb 1982 p. 393) |
| Acts Amendment (Motor Vehicle Fees) Act 1982 Pt. IV | 25 of 1982 | 27 May 1982 | 1 Jul 1982 (see s. 2) |
| Reprint of the Transport Act 1966 approved 19 Jul 1983 (includes amendments listed above) | | | |
| Acts Amendment and Repeal (Credit) Act 1984 Pt. IX | 102 of 1984 | 19 Dec 1984 | 31 Mar 1985 (see s. 2 and Gazette 8 Mar 1985 p. 867) |
| Transport Amendment Act 1985 | 30 of 1985 | 24 Apr 1985 | s. 1 and 2: 24 Apr 1985; Act other than s. 1 and 2: 7 Jun 1985 (see s. 2 and Gazette 7 Jun 1985 p. 1932) |
| Acts Amendment and Repeal (Transport Co‑ordination) Act 1985 Pt. II | 54 of 1985 | 28 Oct 1985 | 1 Jan 1986 (see s. 2 and Gazette 20 Dec 1985 p. 4822) |
| Transport Co‑ordination Amendment Act 1986 | 2 of 1986 | 26 Jun 1986 | 26 Jun 1986 (see s. 2) |
| Acts Amendment (Financial Administration and Audit) Act 1986 s. 4 | 4 of 1986 | 27 Jun 1986 | 1 Jul 1986 (see s. 2) |
| Transport Co‑ordination Amendment Act (No. 2) 1986 | 46 of 1986 | 1 Aug 1986 | 1 Jul 1986 (see s. 2) |
| Reprint of the Transport Co‑ordination Act 1966 as at 6 Mar 1987 (includes amendments listed above) (corrigenda in Gazette 8 May 1987 p. 2065) | | | |
| Transport Co‑ordination Amendment Act (No. 2) 1987 | 95 of 1987 | 16 Dec 1987 | 16 Dec 1987 (see s. 2) |
| Transport Co‑ordination Amendment Act 1987 | 115 of 1987 | 31 Dec 1987 | s. 1 and 2: 31 Dec 1987; Act other than s. 1 and 2: 1 May 1988 (see s. 2 and Gazette 29 Apr 1988 p. 1292) |
| Transport Co‑ordination Amendment Act 1989 | 13 of 1989 | 2 Nov 1989 | s. 1 and 2: 2 Nov 1989; Act other than s. 1 and 2: 29 Jun 1990 (see s. 2 and Gazette 15 Jun 1990 p. 2707) |
| Transport Co‑ordination Amendment Act 1990 | 34 of 1990 | 9 Oct 1990 | 9 Oct 1990 (see s. 2) |
| Financial Administration Legislation Amendment Act 1993 s. 7 | 6 of 1993 | 27 Aug 1993 | 27 Aug 1993 (see s. 2(2)) |
| Acts Amendment (Department of Transport) Act 1993 Pt. 14 | 47 of 1993 | 20 Dec 1993 | 1 Jan 1994 (see s. 2 and Gazette 31 Dec 1993 p. 6861) |
| Acts Amendment (Public Sector Management) Act 1994 s. 19 | 32 of 1994 | 29 Jun 1994 | 1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948) |
| Acts Amendment (Perth Passenger Transport) Act 1994 Pt. 2 | 64 of 1994 | 1 Dec 1994 | 1 Jan 1995 (see s. 2 and Gazette 30 Dec 1994 p. 7211) |
| Taxi Act 1994 s. 49 | 83 of 1994 | 20 Dec 1994 | 10 Jan 1995 (see s. 2 and Gazette 10 Jan 1995 p. 73) |
| Local Government (Consequential Amendments) Act 1996 s. 4 | 14 of 1996 | 28 Jun 1996 | 1 Jul 1996 (see s. 2) |
| Consumer Credit (Western Australia) Act 1996 s. 13 | 30 of 1996 | 10 Sep 1996 | 1 Nov 1996 (see s. 2) |
| Financial Legislation Amendment Act 1996 s. 64 | 49 of 1996 | 25 Oct 1996 | 25 Oct 1996 (see s. 2(1)) |
| Road Traffic Amendment Act 1996 Pt. 3 Div. 9 | 76 of 1996 | 14 Nov 1996 | 1 Feb 1997 (see s. 2 and Gazette 31 Jan 1997 p. 613) |
| Reprint of the Transport Co‑ordination Act 1966 as at 9 Sep 1997 (includes amendments listed above) | | | |
| Acts Amendment (Franchise Fees) Act 1997 Pt. 8 | 56 of 1997 | 12 Dec 1997 | 31 Jan 1998 (see s. 2 and Gazette 30 Jan 1998 p. 577) |
| Statutes (Repeals and Minor Amendments) Act 1997 s. 122 | 57 of 1997 | 15 Dec 1997 | 15 Dec 1997 (see s. 2(1)) |
| Rail Safety Act 1998 s. 64(2) | 32 of 1998 | 6 Jul 1998 | 3 Feb 1999 (see s. 2 and Gazette 2 Feb 1999 p. 351) |
| Acts Amendment (Criminal Procedure) Act 1999 s. 10 | 10 of 1999 | 5 May 1999 | 1 Oct 1999 (see s. 2 and Gazette 17 Sep 1999 p. 4557) |
| Perth Parking Management (Consequential Provisions) Act 1999 s. 7(6) | 16 of 1999 | 19 May 1999 | 7 Aug 1999 (see s. 2 and Gazette 6 Aug 1999 p. 3727) |
| Acts Amendment (Police Immunity) Act 1999 s. 10 | 42 of 1999 | 25 Nov 1999 | 25 Nov 1999 (see s. 2) |
| Reprint of the Transport Co‑ordination Act 1966 as at 19 May 2000 (includes amendments listed above) | | | |
| Statutes (Repeals and Minor Amendments) Act 2000 s. 43 | 24 of 2000 | 4 Jul 2000 | 4 Jul 2000 (see s. 2) |
| Road Traffic Amendment Act 2000 Pt. 3 Div. 4 | 39 of 2000 | 10 Oct 2000 | 22 Mar 2006 (see s. 2 and Gazette 21 Mar 2006 p. 1078) |
| Transport Co‑ordination Amendment Act 2000 10 | 40 of 2000 | 2 Nov 2000 | 2 Nov 2000 (see s. 2) |
| State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 69 | 43 of 2000 | 2 Nov 2000 | 17 Feb 2001 (see s. 2(1) and Gazette 16 Feb 2001 p. 903) |
| Reprint of the Transport Co‑ordination Act 1966 as at 11 May 2001 (includes amendments listed above except those in the Road Traffic Amendment Act 2000) | | | |
| Machinery of Government (Planning and Infrastructure) Amendment Act 2002 Pt. 9 11 | 7 of 2002 | 19 Jun 2002 | 1 Jul 2002 (see s. 2 and Gazette 28 Jun 2002 p. 3037) |
| Bulk Handling Amendment Act 2002 s. 25 | 29 of 2002 | 25 Oct 2002 | 25 Oct 2002 (see s. 2) |
| Public Transport Authority Act 2003 Pt. 8 Div. 5 12 | 31 of 2003 | 26 May 2003 | 1 Jul 2003 (see s. 2(1) and Gazette 27 Jun 2003 p. 2384) |
| Sentencing Legislation Amendment and Repeal Act 2003 s. 99 | 50 of 2003 | 9 Jul 2003 | 15May 2004 (see s. 2 and Gazette 14 May 2004 p. 1445) |
| Statutes (Repeals and Minor Amendments) Act 2003 s. 121 13 | 74 of 2003 | 15 Dec 2003 | 15 Dec 2003 (see s. 2) |
| State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 2 Div. 127 14 | 55 of 2004 | 24 Nov 2004 | 1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7130) |
| Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 80 and 82 | 84 of 2004 | 16 Dec 2004 | 2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005 p. 53)) |
| Reprint 8: The Transport Co‑ordination Act 1966 as at 5 Aug 2005 (includes amendments listed above except those in the Road Traffic Amendment Act 2000) | | | |
| Financial Legislation Amendment and Repeal Act 2006 s. 4, 5(4) and Sch. 1 cl. 169 | 77 of 2006 | 21 Dec 2006 | 1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137) |
| Eastern Goldfields Transport Board Repeal Act 2008 s. 15 | 28 of 2008 | 1 Jul 2008 | 29 Jul 2008 |
| Credit (Commonwealth Powers) (Transitional and Consequential Provisions) Act 2010 s. 14 | 14 of 2010 | 25 Jun 2010 | 1 Jul 2010 (see s. 2(b) and Gazette 30 Jun 2010 p. 3185) |
| Standardisation of Formatting Act 2010 s. 4, 44(2) and 51 | 19 of 2010 | 28 Jun 2010 | 11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341) |
| Public Sector Reform Act 2010 s. 89 | 39 of 2010 | 1 Oct 2010 | 1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563) |
| Reprint 9: The Transport Co‑ordination Act 1966 as at 11 Mar 2011 (includes amendments listed above) | | | |
| Personal Property Securities (Consequential Repeals and Amendments) Act 2011 Pt. 12 Div. 6 | 42 of 2011 | 4 Oct 2011 | 30 Jan 2012 (see s. 2(c) and Cwlth Legislative Instrument No. F2011L02397 cl. 5 registered 21 Nov 2011) |
| Road Traffic Legislation Amendment Act 2012 Pt. 4 Div. 51 | 8 of 2012 | 21 May 2012 | 27 Apr 2015 (see s. 2(d) and Gazette 17 Apr 2015 p. 1371) |
| Statutes (Repeals and Minor Amendments) Act 2014 s. 42 | 17 of 2014 | 2 Jul 2014 | 6 Sep 2014 (see s. 2(b) and Gazette 5 Sep 2014 p. 3213) |
| Licensing Provisions Amendment Act 2016 Pt. 9 | 44 of 2016 | 1 Dec 2016 | 8 Feb 2017 (see s. 2(b) and Gazette 7 Feb 2017 p. 1158) |
| Transport (Road Passenger Services) Act 2018 Pt. 14 Div. 2 Subdiv. 10 | 26 of 2018 | 30 Oct 2018 | 2 Jul 2019 (see s. 2(b) and Gazette 28 Jun 2019 p. 2473) |
| Directors’ Liability Reform Act 2023 Pt. 3 Div. 60 | 9 of 2023 | 4 Apr 2023 | 5 Apr 2023 (see s. 2(j)) |
Other notes