Government Railways (Removal and Disposal of Vehicles) By-law 1978 (WA)

Western Australia Government Railways Act 1904 Government Railways (Removal and Disposal of Vehicles) By-law 1978 Western Australia Government Railways (Removal and Disposal of Vehicles) By-law 1978 Contents 1. Citation 1 3. Interpretation 1 4. Appointment of authorised persons 2 5. Entry and removal of vehicles 2 6. Appointment of appointed place 2 7. Disposal of uncollected vehicles 2 8. Prerequisites of disposal 3 9. Application of proceeds of sale of vehicle 3 10. Recovery of costs 3 11. Charges 4 Notes Compilation table 5 Other notes 5 Defined terms Government Railways Act 1904 Government Railways (Removal and Disposal of Vehicles) By‑law 1978 [Heading deleted: Gazette 12 Dec 2003 p. 5046.]

1. Citation (1) This by‑law may be cited as the Government Railways (Removal and Disposal of Vehicles) By‑law 1978. (2) The main legislative units of this by‑law are called rules, and a rule may contain 2 or more subrules (this sentence, for example, being subrule (2) of rule 1). [Rule 1 amended: Gazette 12 Dec 2003 p. 5046.] [2. Deleted: SL 2020/207 r. 4.]

3. Interpretation In this by‑law unless the contrary intentions appears — appointed place means a place appointed by the Authority under this by‑law for the custody of a vehicle removed pursuant to this by‑law; authorised person means a person appointed by the Authority to exercise any powers conferred on him by this by‑law; the Act means the Government Railways Act 1904. [Rule 3 amended: Gazette 12 Dec 2003 p. 5046 and 5046‑7.]

4. Appointment of authorised persons The Authority may appoint persons for the purposes of this by‑law. [Rule 4 amended: Gazette 12 Dec 2003 p. 5046‑7; SL 2020/207 r. 5.]

5. Entry and removal of vehicles (1) If a vehicle is left on a railway for a period in excess of 7 days, an authorised person may use such force as is necessary to enter the vehicle for the purposes of removing it and may remove the vehicle to an appointed place. (2) If an authorised person is of the opinion that a vehicle left on a railway creates a hazard or is unsafe, the authorised person may use such force as is necessary to enter the vehicle for the purposes of removing it and may remove the vehicle to an appointed place. [Rule 5 inserted: SL 2020/207 r. 6.]