46Facilitation of proof of certain matters concerning motor vehicles and trailers

46 Facilitation of proof of certain matters concerning motor vehicles and trailers

[Section 46 Substituted by No. 50 of 2010, s. 28, Applied:21 Dec 2010]

(1)  This section applies if –

(a) an authorised officer reasonably suspects that an offence involving the use of a motor vehicle or trailer has been committed against this Act; and

(b) the authorised officer does not know, or is uncertain of, the identity or whereabouts of the person using or in charge of the motor vehicle or trailer at the relevant time ("the suspected litterer").

(2)  The authorised officer may demand that the registered operator of the motor vehicle or trailer, or any third party, give the authorised officer such information as the authorised officer may require in attempting to establish the identity or whereabouts of the suspected litterer.

(3)  The registered operator of the motor vehicle or trailer or, as the case may be, the third party must comply with the authorised officer's demand.

Penalty:  Fine not exceeding 10 penalty units.

(4)  Where any information demanded of the registered operator of the motor vehicle or trailer is not known to the registered operator, the registered operator must with all reasonable diligence (proof of which lies on the registered operator) take steps to obtain the information and report to the authorised officer, within 7 days after the day on which the demand is made, the results of the steps so taken.

Penalty:  Fine not exceeding 10 penalty units.

(5)  In this section –

third party means any person who, in the reasonable opinion of the authorised officer, may have information concerning the relevant suspected offence.