25Proceedings in respect of registered operator or owner onus liability

25 Proceedings in respect of registered operator or owner onus liability

(1)  [Section 25 Subsection (1) amended by No. 50 of 2010, s. 19, Applied:21 Dec 2010] A defendant is not entitled to rely on a statutory defence unless, within 21 days after being served with a complaint and summons relating to the offence, the defendant gives to the clerk of the court specified in the summons –

(a) [Section 25 Subsection (1) amended by No. 50 of 2010, s. 19, Applied:21 Dec 2010] written notice of the intention to rely on the statutory defence; and

(b) [Section 25 Subsection (1) amended by No. 50 of 2010, s. 19, Applied:21 Dec 2010] a statutory declaration giving particulars of that defence including, if it is alleged that the relevant motor vehicle, trailer or vessel was in the charge of another person or that the offence was committed by another person, particulars, so far as known to the defendant, of the name and address of that other person.

(2)  [Section 25 Subsection (2) substituted by No. 50 of 2010, s. 19, Applied:21 Dec 2010] Subsection (1) does not apply to a defendant who has previously provided a statutory declaration under and in accordance with section 17(7) , (7A) or (7B) .

(3)  [Section 25 Subsection (3) amended by No. 50 of 2010, s. 19, Applied:21 Dec 2010] Proceedings must not be heard in respect of an offence arising under section 24 or 24A unless the defendant was, at the time of being served with the complaint and summons, notified in writing of the provisions of that section and this section.

(4)  A complaint and summons in any such proceedings is to contain an address at which a notice under subsection (1) may be lodged.

(5)  [Section 25 Subsection (5) amended by No. 50 of 2010, s. 19, Applied:21 Dec 2010] Where a penalty has been imposed on, or recovered from, any person in respect of an offence arising under or , a further penalty is not to be imposed on, or recovered from, any other person in respect of the offence.