8Proof of ownership of motor vehicle

8 Proof of ownership of motor vehicle (1) In proceedings under these By-laws for an infringement involving a motor vehicle, the owner of the motor vehicle at the time of the infringement is deemed to have committed the infringement. (2) Clause (1) does not affect the liability of the person who actually committed the infringement, unless the owner, but: (a) the owner and the offender are not both to be liable to be convicted for the same infringement; and (b) where a fine has been imposed on a person by a court in relation to an infringement, another person is not to be charged, and a further penalty is not to be imposed on or recovered from another person, in respect of the same infringement. (3) Clause (1) does not apply to the owner if, within 14 days after the date of service of a notice or summons in relation to an

Katherine Town Council By-laws 1998 7 infringement, the owner or, if the owner is a body corporate, the director, manager or secretary, delivers in accordance with the notice or summons a statutory declaration made by the owner or person setting out, where applicable: (a) that at the time the alleged infringement occurred, another person was in control of the motor vehicle and giving the name and address of that person and any other relevant information; (b) particulars of the sale or disposal of the motor vehicle before the date of the alleged infringement and giving the name and address of the purchaser and, if the sale was made through an agent, the name and address of the agent; or (c) particulars concerning the theft or unlawful use of the motor vehicle that removed it from the control of the owner.