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Magistrates Court Act 1930
131BService of infringement notice on responsible person for
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131B Service of infringement notice on responsible person for
vehicles
(1) This section applies if an authorised person believes, on reasonable
grounds, that a vehicle-related offence has been committed.
(2) The authorised person may serve an infringement notice for the
offence on—
(a) the responsible person for the vehicle at the time of the offence;
or
(b) if there is more than 1 responsible person for the vehicle at that
time—each or any of them.
Note 1 For how documents may be served, see the Legislation Act, pt 19.5
Note 2 Subsections (3) and (4) provide additional ways for serving infringement
notices (see Legislation Act, s 251 (1)).
(3) If the infringement notice is to be served on a person under this
section by post and the vehicle is registered under a law of another
jurisdiction corresponding to the Road Transport (Vehicle
Registration) Act 1999, the notice may be served by sending it by
prepaid post, addressed to the person, to the latest address of the
person in the registration records kept under that law.
(4) An infringement notice for a vehicle-related offence may be served
by securely placing or attaching the notice, addressed to the
responsible person (without further description), on or to the vehicle
in a conspicuous position.
(5) If an infringement notice is served in the way mentioned in
subsection (4), it is taken to have been served, on the day that it is
placed on or attached to the vehicle, on—
(a) the responsible person for the vehicle; or
(b) if there is more than 1 responsible person for the vehicle at that
time—each of them.
(6) A person must not remove, deface or interfere with an infringement
notice placed on, or attached to, a vehicle unless the person is the
driver of the vehicle or the responsible person (or a responsible
person) for the vehicle.
Maximum penalty: 20 penalty units.
(7) A regulation may provide that an infringement notice for a vehicle-
related offence may only be served on a person under this section
within the prescribed period after the day the offence was committed.
(8) To remove any doubt, an authorised person may not serve an
infringement notice on a person under this section for an offence
after—
(a) if a regulation under subsection (7) prescribes a period for the
offence—the end of the prescribed period; or
(b) in any other case—the end of the time within which a
prosecution may be brought against the person for the offence.
(9) This section does not prevent an infringement notice for a vehicle-
related offence being served on a person under section 120 (Service
of infringement notices).