158Special defence for owners or operators

158 Special defence for owners or operators

(1) It is a defence to a charge for a road law offence alleged to have been committed by a person in the capacity of an owner or operator of a vehicle or combination if the person establishes that the vehicle or combination was being used at the relevant time by: (a) another person not entitled (whether by express or implied authority or otherwise) to use it, other than an employee or agent of the alleged offender; or (b) an employee of the alleged offender who was acting at the relevant time outside the scope of the employment; or (c) an agent (in any capacity) of the alleged offender who was acting at the relevant time outside the scope of the agency. (2) If the offence relates to a breach of a road law in connection with alleged deficiencies concerning the vehicle or combination, the defence is not available unless the alleged offender establishes that: (a) the vehicle or combination had not, before it ceased to be under the alleged offender’s control, been driven on a road in Australia in breach of an Australian road law arising in connection with all or any of those alleged deficiencies; and (b) one or more material changes, resulting in the alleged breach, had been made after the vehicle or combination had ceased to be under the alleged offender’s control.