QLDIn ForceAct
State Penalties Enforcement Act 1999
sec.18Effect of illegal user declaration
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### sec.18 Effect of illegal user declaration
This section applies if—
an infringement notice offence involving a vehicle happens; and
an infringement notice for the offence is served on the person who is the owner of the vehicle at the relevant time; and
the person makes and gives to the administering authority an illegal user declaration for the vehicle.
In a proceeding for the offence against the owner, a court must not find the owner guilty of the offence if it is satisfied, whether on the statements contained in the declaration or otherwise, the vehicle was stolen or illegally taken at the relevant time.
(sec.18-ssec.1) This section applies if— an infringement notice offence involving a vehicle happens; and an infringement notice for the offence is served on the person who is the owner of the vehicle at the relevant time; and the person makes and gives to the administering authority an illegal user declaration for the vehicle.
(sec.18-ssec.2) In a proceeding for the offence against the owner, a court must not find the owner guilty of the offence if it is satisfied, whether on the statements contained in the declaration or otherwise, the vehicle was stolen or illegally taken at the relevant time.
- (a) an infringement notice offence involving a vehicle happens; and
- (b) an infringement notice for the offence is served on the person who is the owner of the vehicle at the relevant time; and
- (c) the person makes and gives to the administering authority an illegal user declaration for the vehicle.