94AProceedings in relation to offences under this Part

94A Proceedings in relation to offences under this Part

[Section 94A Inserted by No. 27 of 2008, Sched. 1, Applied:28 Apr 2008]

(1)  This section applies to an offence under this Part.

(2)  Subject to this section, where an offence to which this section applies occurs in relation to a vehicle, the person who, at the time the offence occurred, was the registered operator of the vehicle is, by virtue of this section, guilty of the offence as if he or she were the person driving or in charge of the vehicle at that time.

(2A)  [Section 94A Subsection (2A) inserted by No. 4 of 2011, s. 44, Applied:01 Jun 2011] Subject to this section, where an offence to which this section applies occurs in relation to a thing other than a vehicle, the person who, at the time the offence occurred, was the owner of the thing is, by virtue of this section, guilty of the offence as if he or she were the person in charge of the thing at that time.

(3)  [Section 94A Subsection (3) amended by No. 4 of 2011, s. 44, Applied:01 Jun 2011] [Section 94A Subsection (3) amended by No. 4 of 2011, s. 44, Applied:01 Jun 2011] A person is not guilty of an offence under subsection (2) or subsection (2A) if he or she establishes that he or she was not driving or in charge of the vehicle or thing at the time of the occurrence of the offence.

(4)  [Section 94A Subsection (4) amended by No. 4 of 2011, s. 44, Applied:01 Jun 2011] [Section 94A Subsection (4) amended by No. 4 of 2011, s. 44, Applied:01 Jun 2011] If a registered operator or owner who has been served with an infringement notice under section 100 wishes to establish that he or she was not driving or in charge of the vehicle or thing at the time of the occurrence of the offence, he or she must –

(a) lodge with the corporation a notice of election to have the matter heard in court; or