sec.755When type 1 vehicle related offence notice may be given to owner of motor vehicle involved in offence

### sec.755 When type 1 vehicle related offence notice may be given to owner of motor vehicle involved in offence This section applies if, on the investigation of a type 1 vehicle related offence, it appears to a police officer investigating the offence that giving the owner of the motor vehicle involved in the offence a notice under this section may help in the investigation. The police officer may, by written notice (a type 1 vehicle related offence notice ) given to the owner, require the owner to— make a statutory declaration complying with section 755A ; and give the statutory declaration to either of the following officers within 14 business days after being given the notice— the police officer named in the notice; the officer in charge of a stated police station or police establishment. The type 1 vehicle related offence notice must identify the motor vehicle involved in the type 1 vehicle related offence and state all of the following— when and where the offence was committed; the name and address of the person in whose name the motor vehicle was registered, when the offence was committed, under a transport Act or a corresponding law; that the owner must comply with the requirement within the 14 business days unless the owner has a reasonable excuse; the consequences if the owner does not comply with the requirement within the 14 business days, including an explanation of the application of section 756 to the owner in any proceeding for the offence; the nature of the information the owner must include in the statutory declaration; that, if the owner is a corporation, the statutory declaration must be signed by an executive officer of the corporation. If the owner is an individual, the police officer must— personally give the type 1 vehicle related offence notice to the owner; and when giving the type 1 vehicle related offence notice to the owner, explain to the owner— what the notice requires the owner to do; and the consequences of not complying with the notice, including the application of section 756 to the owner in any proceeding for the offence. The owner must comply with the requirement to the extent it requires the owner to give a statutory declaration under subsection (2) (b) unless the owner has a reasonable excuse. Maximum penalty—100 penalty units. A conviction of the owner for the offence against subsection (5) does not prevent the following— a proceeding for the type 1 vehicle related offence being started against the owner, including being started because of section 756 ; a punishment being imposed on the owner if convicted of the type 1 vehicle related offence. This section applies to a nominated person in the same way as it applies to an owner. s 755 ins 2006 No. 26 s 79 amd 2007 No. 1 s 21 ; 2018 No. 20 s 39 ; 2021 No. 9 s 13 (sec.755-ssec.1) This section applies if, on the investigation of a type 1 vehicle related offence, it appears to a police officer investigating the offence that giving the owner of the motor vehicle involved in the offence a notice under this section may help in the investigation. (sec.755-ssec.2) The police officer may, by written notice (a type 1 vehicle related offence notice ) given to the owner, require the owner to— make a statutory declaration complying with section 755A ; and give the statutory declaration to either of the following officers within 14 business days after being given the notice— the police officer named in the notice; the officer in charge of a stated police station or police establishment. (sec.755-ssec.3) The type 1 vehicle related offence notice must identify the motor vehicle involved in the type 1 vehicle related offence and state all of the following— when and where the offence was committed; the name and address of the person in whose name the motor vehicle was registered, when the offence was committed, under a transport Act or a corresponding law; that the owner must comply with the requirement within the 14 business days unless the owner has a reasonable excuse; the consequences if the owner does not comply with the requirement within the 14 business days, including an explanation of the application of section 756 to the owner in any proceeding for the offence; the nature of the information the owner must include in the statutory declaration; that, if the owner is a corporation, the statutory declaration must be signed by an executive officer of the corporation. (sec.755-ssec.4) If the owner is an individual, the police officer must— personally give the type 1 vehicle related offence notice to the owner; and when giving the type 1 vehicle related offence notice to the owner, explain to the owner— what the notice requires the owner to do; and the consequences of not complying with the notice, including the application of section 756 to the owner in any proceeding for the offence. (sec.755-ssec.5) The owner must comply with the requirement to the extent it requires the owner to give a statutory declaration under subsection (2) (b) unless the owner has a reasonable excuse. Maximum penalty—100 penalty units. (sec.755-ssec.6) A conviction of the owner for the offence against subsection (5) does not prevent the following— a proceeding for the type 1 vehicle related offence being started against the owner, including being started because of section 756 ; a punishment being imposed on the owner if convicted of the type 1 vehicle related offence. (sec.755-ssec.7) This section applies to a nominated person in the same way as it applies to an owner. - (a) make a statutory declaration complying with section 755A ; and - (b) give the statutory declaration to either of the following officers within 14 business days after being given the notice— (i) the police officer named in the notice; (ii) the officer in charge of a stated police station or police establishment. - (i) the police officer named in the notice; - (ii) the officer in charge of a stated police station or police establishment. - (i) the police officer named in the notice; - (ii) the officer in charge of a stated police station or police establishment. - (a) when and where the offence was committed; - (b) the name and address of the person in whose name the motor vehicle was registered, when the offence was committed, under a transport Act or a corresponding law; - (c) that the owner must comply with the requirement within the 14 business days unless the owner has a reasonable excuse; - (d) the consequences if the owner does not comply with the requirement within the 14 business days, including an explanation of the application of section 756 to the owner in any proceeding for the offence; - (e) the nature of the information the owner must include in the statutory declaration; - (f) that, if the owner is a corporation, the statutory declaration must be signed by an executive officer of the corporation. - (a) personally give the type 1 vehicle related offence notice to the owner; and - (b) when giving the type 1 vehicle related offence notice to the owner, explain to the owner— (i) what the notice requires the owner to do; and (ii) the consequences of not complying with the notice, including the application of section 756 to the owner in any proceeding for the offence. - (i) what the notice requires the owner to do; and - (ii) the consequences of not complying with the notice, including the application of section 756 to the owner in any proceeding for the offence. - (i) what the notice requires the owner to do; and - (ii) the consequences of not complying with the notice, including the application of section 756 to the owner in any proceeding for the offence. - (a) a proceeding for the type 1 vehicle related offence being started against the owner, including being started because of section 756 ; - (b) a punishment being imposed on the owner if convicted of the type 1 vehicle related offence.