Vehicle confiscation order made under s 80C(1) of the Road Traffic Act 1974 (WA)
Appellant committed third impounding offence (driver's licence) within a five-year period
Appellant driving while driver's licence suspended
Quick Take
1Under s 80G(4) of the Road Traffic Act 1974 (WA), a 'reasonable opportunity to show cause' why a confiscation order should not be made is not synonymous with 'every possible opportunity'; service of notice by prepaid post to the last known address recorded on government databases, in accordance with ss 75(1) and 76(b) of the Interpretation Act 1984 (WA), satisfies the statutory requirement even where the person no longer resides at that address.
2Where a person fails to update their address with relevant government agencies and consequently does not receive notice of confiscation proceedings, the inability to receive notice is a consequence of the person's own omission and does not constitute a denial of natural justice or a miscarriage of justice.
3A court hearing a confiscation application under the Road Traffic Act 1974 (WA) is not required to stand a matter down or make inquiries to contact a non-appearing party where the court has no information as to the reason for the party's absence and proper service has been effected.
