37GANotice of demand

37GA Notice of demand

[Section 37GA Inserted by No. 50 of 2009, s. 7, Applied:25 Nov 2009]

(1)  A police officer may serve a notice of demand on the owner or registered operator of a motor vehicle if the police officer is satisfied that the driver or an occupant of that motor vehicle has committed an offence.

(2)  A notice of demand is to –

(a) indicate the offence to which it relates; and

(b) specify the registration number of the motor vehicle that was involved in the offence; and

(c) specify that the owner or registered operator is to provide to a police officer, within 7 days after the owner or registered operator is served with the notice, a statutory declaration stating –

(i) the name, address and, if known, the date of birth and driver licence number of the driver or occupant of the motor vehicle at the time the offence was committed; or

(ii) if the owner or registered operator does not know the details referred to in subparagraph (i)  –

(A) any information that may lead to the identification of the driver or occupant of the motor vehicle; or

(B) the reasonable steps that the owner or registered operator has taken to obtain such information.

(3)  An owner or registered operator must comply with the notice of demand.

Penalty:  Fine not exceeding 50 penalty units.