sec.21Effect of unknown user declaration

### sec.21 Effect of unknown 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 owner makes and gives to the administering authority an unknown 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— that— if the owner is an individual—the owner was not in charge of the vehicle at the relevant time; or if the owner is a corporation—the vehicle was not being used for the purposes of the corporation at the relevant time; and that the inquiries made to find out the name and address of the person who was in charge of the vehicle at the relevant time— were reasonable in the circumstances; and were carried out with appropriate diligence. (sec.21-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 owner makes and gives to the administering authority an unknown user declaration for the vehicle. (sec.21-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— that— if the owner is an individual—the owner was not in charge of the vehicle at the relevant time; or if the owner is a corporation—the vehicle was not being used for the purposes of the corporation at the relevant time; and that the inquiries made to find out the name and address of the person who was in charge of the vehicle at the relevant time— were reasonable in the circumstances; and were carried out with appropriate diligence. - (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 owner makes and gives to the administering authority an unknown user declaration for the vehicle. - (a) that— (i) if the owner is an individual—the owner was not in charge of the vehicle at the relevant time; or (ii) if the owner is a corporation—the vehicle was not being used for the purposes of the corporation at the relevant time; and - (i) if the owner is an individual—the owner was not in charge of the vehicle at the relevant time; or - (ii) if the owner is a corporation—the vehicle was not being used for the purposes of the corporation at the relevant time; and - (b) that the inquiries made to find out the name and address of the person who was in charge of the vehicle at the relevant time— (i) were reasonable in the circumstances; and (ii) were carried out with appropriate diligence. - (i) were reasonable in the circumstances; and - (ii) were carried out with appropriate diligence. - (i) if the owner is an individual—the owner was not in charge of the vehicle at the relevant time; or - (ii) if the owner is a corporation—the vehicle was not being used for the purposes of the corporation at the relevant time; and - (i) were reasonable in the circumstances; and - (ii) were carried out with appropriate diligence.