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Section 111 Objection

19 Feb 2020

Proposed Section 111 Objection



Dear Association Members,                                           


Please find the following information on Legislation that is to be considered by the WA Upper House in either February or March 2020 sitting.


This legislation could affect members by granting the power to the Police and Office of Road Safety to decide what “devices” on vehicles could be banned in WA. This bypasses the usual Legislative scrutiny.


The proposed legislation does not define “device” so could include, radar detectors, Phones, GPS systems with WAZE or google maps, it could also include bull bars or awnings, Gopros on motorbikes. It is also intended to ban the passengers from having a banned device as well.


This section 111 of the legislation has been included at the end of the bill and has no relevance to the Road Traffic Amendment (Impaired Driving and Penalties) Bill 2019. By adding this irrelevant section to the Impaired Driving and Penalties Bill, the Police Minister is effectively proposing legislation by stealth.


The current Police Minister states that “the executive will not use the power inappropriately”.  But once in place, this section grants legislative authority now and in the future, to the Police and Road Safety Authority to ban any “device” they deem fit, without proper consideration or discussion by the voted Members of Parliament.


I have met with some Independent MLC’s who have voiced their support to vote against Section 111. They have suggested that if other Associations and their members, can voice their objections to this section, it will have more impact with the MLC members.


I will be sending the attached email to all 22 Liberal and Independent MLC Members. It is expected that the 14 ALP members will vote along party lines. We have a good chance of success in having this Henry VIII clause removed from the Bill before it is approved by the Upper House in WA.


The following documents are available below (click on the document type in brackets to download):

Downloads in bold, you can add your own name and email to the list of members of the Upper House and the Premier.

  1. Public Objection Letter (Word docx)

  2. Letter to Premier Mark McGowan (Word docx)

  3. List of all members of the Upper House. Page 2 of the spreadsheet includes all email addresses. (Excel xlsx)

  4. ADRA’s letter of objection to Section 111 with reasons and facts. (Please feel free to use what information you require from this letter.) (Word docx)

  5. The Proposed Section 111. (Adobe PDF)

  6. Copies of Lower House Hansard with areas marked where Section 111 is discussed. (Adobe PDF in zip)


If you require any further information please let me know and I am available to meet or speak about these issues on the phone.


Best regards,


Glenn Secco


Australian Drivers Rights Association Inc.

0417 900 258

ADRA is a Western Australia based not-for-profit association concerned with Road Safety and providing a voice for the motoring public of Australia.

Currently we have over 6,000 members across Australia.

ADRA is a Registered Lobbyist in WA.

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