38Circumstances in which person issued with penalty reminder notice for vehicle or vessel offence is not liable to pay penalty

38 Circumstances in which person issued with penalty reminder notice for vehicle or vessel offence is not liable to pay penalty

38 Circumstances in which person issued with penalty reminder notice for vehicle or vessel offence is not liable to pay penalty

(1) A person on whom a penalty reminder notice is served in relation to a vehicle or vessel offence is not liable to make any payment under the penalty notice if—

(a) on or before the due date specified in the penalty reminder notice, the appropriate officer receives an approved nomination notice containing the nomination details of the person who was driving or in charge of the vehicle or vessel concerned at all relevant times relating to the offence, or

(b) the person satisfies the appropriate officer that the person did not know and could not with reasonable diligence have ascertained the nomination details.

(1A)–(1E) (Repealed)

(2) The Commissioner may approve 1 or more notices (approved nomination notices) to be used to nominate the person driving or in charge of a vehicle or vessel under this section.

(3) Without limiting subsection (2), the Commissioner may approve notices under that subsection—

(a) to be provided in printed or electronic form (or both), and

(b) to be used in relation to more than 1 offence involving 1 or more vehicles or vessels, if the person given the penalty reminder notice is a corporation.

(3A) An appropriate officer may, by written notice (a verification notice) served on a person who gives an approved nomination notice, require the person to supply a statutory declaration for use in court proceedings verifying any of the information contained in the approved nomination notice that is specified in the verification notice.

(3B) A person served with a verification notice must supply the required statutory declaration within the period specified in the notice (being a period of not less than 7 days after the date of service).

Maximum penalty—50 penalty units (in the case of an individual) and 100 penalty units (in the case of a corporation).

(3C) A statutory declaration that is given for the purposes of this section, if produced in any proceedings against the person named in the declaration in respect of the vehicle or vessel offence concerned, is admissible and is prima facie evidence that the person was driving or in charge of the vehicle or vessel at all relevant times relating to the offence.