A parliamentary question addresses the WA Police Service's role in enforcing laws against unlicensed vehicle wreckers, revealing a shift in responsibility towards the Ministry of Fair Trading for licensing breaches, unless criminal behavior is indicated.

AnsweredQoN 116Legislative Assembly
Asked
9 August 2000
Member
Portfolio
Police

QuestionView source ↗

(1) Does the Traffic Investigation Section of the Western Australian Police Service have responsibility for enforcing the law against unlicensed vehicle wreckers? (2) When was the last occasion an unlicensed operator was - (a) detected; (b) prosecuted; and (c) a systematic attempt was made to identify unlicensed operators? (3) Has the Police Service effectively abandoned enforcing the Motor Vehicle Dealers Act insofar as trying to detect those unlicensed vehicle wrecking operators? (4) In broad terms, what is the amount of police hours that have been spent trying to detect/prosecute unlicensed motor vehicle wreckers since 1 January 2000? Answered on 16 August 2000 The Minister

AnswerView source ↗

Answered
16 August 2000
Response time
7 days
(1) At a recent meeting between the Western Australian Police Service and the Ministry of Fair Trading, it was agreed in principle that investigation of unlicensed dealers/wreckers was not a core business function of the Police Service for the following reasons: · The conduct can be properly categorised as a licensing breach and not criminal behaviour. · The behaviour does not come within the scope of Criminal Conduct, Public Order, Traffic Management or Emergency Management. Therefore, such matters should be referred to the Ministry of Fair Trading for investigation. However, it was resolved at the meeting that, where inquiries into unlicensed dealing or wrecking indicate evidence of criminal behaviour, then it would be appropriate for police to become involved in any investigation. (2) (a) A complaint was received by police early in 1999 that there was an occurrence of unlicensed motor vehicle wrecking. Police investigated the matter and ascertained that there was, in fact, criminal behaviour occurring. Consequently, a caution was issued on 29 June 1999. (b) A complaint was received by police in November/December 1998 that there was an occurrence of unlicensed dealing/wrecking. Consequently, the unlicensed dealer was cautioned. However, the unlicensed dealer continued their activities and was subsequently charged and prosecuted in April 1999. (c) As it is not a core business function for the Agency, the Western Australia Police Service does not actively pursue unlicensed dealers/wreckers. This is a licensing issue that should be dealt with by the Ministry of Fair Trading. (3) As it is not a core business function for the Agency, the Western Australia Police Service does not actively pursue unlicensed dealers/wreckers. Where police become aware of unlicensed motor vehicle dealing/wrecking, the matter should be referred to the Ministry of Fair Trading. However, I reiterate, where inquiries into unlicensed dealing or wrecking indicate evidence of criminal behaviour, then it would be appropriate for police to become involved in any investigation. (4) Refer answer to Question (1) and (3).
(2) When was the last occasion an unlicensed operator was - (a) detected; (b) prosecuted; and (c) a systematic attempt was made to identify unlicensed operators? (3) Has the Police Service effectively abandoned enforcing the Motor Vehicle Dealers Act insofar as trying to detect those unlicensed vehicle wrecking operators? (4) In broad terms, what is the amount of police hours that have been spent trying to detect/prosecute unlicensed motor vehicle wreckers since 1 January 2000? Answered on 16 August 2000 The Minister Replied: (1) At a recent meeting between the Western Australian Police Service and the Ministry of Fair Trading, it was agreed in principle that investigation of unlicensed dealers/wreckers was not a core business function of the Police Service for the following reasons: · The conduct can be properly categorised as a licensing breach and not criminal behaviour. · The behaviour does not come within the scope of Criminal Conduct, Public Order, Traffic Management or Emergency Management. Therefore, such matters should be referred to the Ministry of Fair Trading for investigation. However, it was resolved at the meeting that, where inquiries into unlicensed dealing or wrecking indicate evidence of criminal behaviour, then it would be appropriate for police to become involved in any investigation. (2) (a) A complaint was received by police early in 1999 that there was an occurrence of unlicensed motor vehicle wrecking. Police investigated the matter and ascertained that there was, in fact, criminal behaviour occurring. Consequently, a caution was issued on 29 June 1999. (b) A complaint was received by police in November/December 1998 that there was an occurrence of unlicensed dealing/wrecking. Consequently, the unlicensed dealer was cautioned. However, the unlicensed dealer continued their activities and was subsequently charged and prosecuted in April 1999. (c) As it is not a core business function for the Agency, the Western Australia Police Service does not actively pursue unlicensed dealers/wreckers. This is a licensing issue that should be dealt with by the Ministry of Fair Trading. (3) As it is not a core business function for the Agency, the Western Australia Police Service does not actively pursue unlicensed dealers/wreckers. Where police become aware of unlicensed motor vehicle dealing/wrecking, the matter should be referred to the Ministry of Fair Trading. However, I reiterate, where inquiries into unlicensed dealing or wrecking indicate evidence of criminal behaviour, then it would be appropriate for police to become involved in any investigation. (4) Refer answer to Question (1) and (3).
(b) prosecuted; and (c) a systematic attempt was made to identify unlicensed operators?
(c) a systematic attempt was made to identify unlicensed operators?
(4) In broad terms, what is the amount of police hours that have been spent trying to detect/prosecute unlicensed motor vehicle wreckers since 1 January 2000? Answered on 16 August 2000 The Minister Replied: (1) At a recent meeting between the Western Australian Police Service and the Ministry of Fair Trading, it was agreed in principle that investigation of unlicensed dealers/wreckers was not a core business function of the Police Service for the following reasons: · The conduct can be properly categorised as a licensing breach and not criminal behaviour. · The behaviour does not come within the scope of Criminal Conduct, Public Order, Traffic Management or Emergency Management. Therefore, such matters should be referred to the Ministry of Fair Trading for investigation. However, it was resolved at the meeting that, where inquiries into unlicensed dealing or wrecking indicate evidence of criminal behaviour, then it would be appropriate for police to become involved in any investigation. (2) (a) A complaint was received by police early in 1999 that there was an occurrence of unlicensed motor vehicle wrecking. Police investigated the matter and ascertained that there was, in fact, criminal behaviour occurring. Consequently, a caution was issued on 29 June 1999. (b) A complaint was received by police in November/December 1998 that there was an occurrence of unlicensed dealing/wrecking. Consequently, the unlicensed dealer was cautioned. However, the unlicensed dealer continued their activities and was subsequently charged and prosecuted in April 1999. (c) As it is not a core business function for the Agency, the Western Australia Police Service does not actively pursue unlicensed dealers/wreckers. This is a licensing issue that should be dealt with by the Ministry of Fair Trading. (3) As it is not a core business function for the Agency, the Western Australia Police Service does not actively pursue unlicensed dealers/wreckers. Where police become aware of unlicensed motor vehicle dealing/wrecking, the matter should be referred to the Ministry of Fair Trading. However, I reiterate, where inquiries into unlicensed dealing or wrecking indicate evidence of criminal behaviour, then it would be appropriate for police to become involved in any investigation. (4) Refer answer to Question (1) and (3).
Answered on 16 August 2000 The Minister Replied: (1) At a recent meeting between the Western Australian Police Service and the Ministry of Fair Trading, it was agreed in principle that investigation of unlicensed dealers/wreckers was not a core business function of the Police Service for the following reasons: · The conduct can be properly categorised as a licensing breach and not criminal behaviour. · The behaviour does not come within the scope of Criminal Conduct, Public Order, Traffic Management or Emergency Management. Therefore, such matters should be referred to the Ministry of Fair Trading for investigation. However, it was resolved at the meeting that, where inquiries into unlicensed dealing or wrecking indicate evidence of criminal behaviour, then it would be appropriate for police to become involved in any investigation. (2) (a) A complaint was received by police early in 1999 that there was an occurrence of unlicensed motor vehicle wrecking. Police investigated the matter and ascertained that there was, in fact, criminal behaviour occurring. Consequently, a caution was issued on 29 June 1999. (b) A complaint was received by police in November/December 1998 that there was an occurrence of unlicensed dealing/wrecking. Consequently, the unlicensed dealer was cautioned. However, the unlicensed dealer continued their activities and was subsequently charged and prosecuted in April 1999. (c) As it is not a core business function for the Agency, the Western Australia Police Service does not actively pursue unlicensed dealers/wreckers. This is a licensing issue that should be dealt with by the Ministry of Fair Trading. (3) As it is not a core business function for the Agency, the Western Australia Police Service does not actively pursue unlicensed dealers/wreckers. Where police become aware of unlicensed motor vehicle dealing/wrecking, the matter should be referred to the Ministry of Fair Trading. However, I reiterate, where inquiries into unlicensed dealing or wrecking indicate evidence of criminal behaviour, then it would be appropriate for police to become involved in any investigation. (4) Refer answer to Question (1) and (3).

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