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Magistrates Court Act 1930
131EKnown offender declarations
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131E Known offender declarations
(b) the person makes a declaration (a known offender declaration)
stating—
(i) if the person is an individual—
(A) that the person was not the driver of the vehicle at the
time of the offence and did not commit the offence;
and
(B) the name and home or business address of the person
(the named offender) who was the driver of the
vehicle at that time; and
(C) all relevant facts supporting those statements; or
(ii) if the person is a corporation—the name and home or
business address of the person (also the named offender)
who was the driver of the vehicle at the time of the offence
and all relevant facts supporting that statement; or
(iii) for a vehicle-related offence under an Act declared by
regulation to be an Act to which this subparagraph
applies—the person saw another named person (also
the named offender) do the act the subject of the offence
and stating—
(A) the address of the named offender; and
(B) if the person does not know the other person’s
address—the reasons why the person does not know
the address; and
(c) the person gives the known offender declaration to the
administering authority within 28 days after the day when the
infringement notice, or a reminder notice for the offence, is
served on the person (or any additional time allowed by the
administering authority).
section 120 (Service of infringement notices) on the named offender.
is to be served on the named offender under this part by post in
relation to the offence, the document may be addressed to the named
offender at his or her home or business address stated in the known
offender declaration.
(4) Section 131C (Liability for vehicle-related offences), this section and
section 131F apply as if the named offender were the responsible
person for the vehicle at the time of the offence and the infringement
notice had been served on the named offender under section 131B.
against the named offender only if a copy of the known offender
declaration has been served on the named offender by an authorised
(6) In a proceeding against the named offender for the offence, the known
offender declaration is evidence that the named offender was the
offender at the time of the offence.