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).