84AUnofficial breath analysing instruments

84A Unofficial breath analysing instruments Evidence of the taking of a test indicating the presence or concentration of alcohol in the blood or breath of a person by a breath analysing instrument installed in any licensed premises under the **Liquor Control Reform Act 1998**, or of the results of that test, is inadmissible in any court or tribunal in any proceedings, whether civil or criminal. S. 84AB inserted by No. 18/2022 s. 5. 84AB Raising of matters relating to exemptions under Road Rules in camera detected seatbelt offence proceedings (1) An accused in a proceeding for a camera detected seatbelt offence who intends to raise a matter relating to an exemption under the Road Rules must give written notice of the matter to the Chief Commissioner of Police at least 28 days before the day on which the proceeding is set down for hearing. (2) A notice under subsection (1) must contain any matter that is prescribed. ***approved seatbelt*** has the same meaning as in the Road Rules; ***camera detected seatbelt offence*** means an offence under the Road Rules to which section 66 applies that is an offence involving the failure to wear an approved seatbelt. S. 84AC inserted by No. 46/2024 s. 9. 84AC Raising of matters relating to exceptions in camera detected no‑truck zone offences (1) An accused in a proceeding for an offence against section 65BA(1) detected by a prescribed no‑truck zone camera who intends to raise a matter relating to an exception under section 65BA(2) must give written notice of the matter to the enforcement agency at least 28 days before the day on which the proceeding is set down for hearing. (2) A notice under subsection (1) must contain any matter that is prescribed. ***enforcement agency***, in relation to an offence against section 65BA(1), means a person or body authorised by or under an Act to commence a proceeding in respect of the offence. S. 84B inserted by No. 94/2003 s. 21. 84B Surveillance Devices Act 1999 A prescribed process is not a surveillance device within the meaning of the **Surveillance Devices Act 1999**. S. 84BAA inserted by No. 14/2007 s. 13, amended by No. 34/2023 s. 50. 84BAA Double jeopardy Nothing in section 78(4), 79(2), 80(2) or 81(1A) is intended to have the effect of making a person who at a particular time is both the driver of a towing vehicle and of a vehicle that is being towed by the towing vehicle liable to be prosecuted or punished more than once for the same act or omission connected with the driving of a vehicle at that time. Pt 6AA (Heading and ss 84BA–84BI) inserted by No. 81/2006 s. 24 (as amended by No. 14/2007 ss 9, 10). Part 6AA—Operator onus S. 84BA inserted by No. 81/2006 s. 24, substituted by No. 75/2012 s. 4. 84BA Purpose of this Part (1) The purpose of this Part is to establish an "operator onus" system for certain offences involving motor vehicles or trailers. (2) The "operator onus" system applies to offences where the identity of the person driving, or in charge of, the motor vehicle or trailer is not established at the time the offence is committed. (3) The system is based on the principle that, in the circumstances referred to in subsection (2), the person who was the operator of the motor vehicle or trailer at the time of the offence should be held responsible for the motor vehicle or trailer and should be liable for the offence. (4) However, a person will not be held liable for an offence if the person, where permitted, establishes that, at the time of the offence, the person was not responsible for the motor vehicle or trailer and either— (a) provides information sufficient to identify and locate the person driving or in charge of the motor vehicle or trailer at the time of the offence; or (b) explains why the person cannot with reasonable diligence ascertain the identity of the person who was driving or in charge of the motor vehicle or trailer at the time of the offence. S. 84BB inserted by No. 81/2006 s. 24. 84BB Definitions def. of *authorised tolling person* inserted by No. 74/2007 s. 10(a), amended by Nos 8/2019 s. 149(1), 18/2020 s. 154(1). ***authorised tolling person*** means— (a) a person authorised in writing under section 69B of the **Melbourne City Link Act 1995** to carry out functions under Part 4 of that Act; or (b) a person authorised in writing under section 197AA of the **EastLink Project Act 2004** to carry out functions under Part 9 of that Act; or (c) a person authorised in writing under section 20 of the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019** to carry out functions under Part 3 of that Act; or (d) a person authorised in writing under section 57 of the **North East Link Act 2020** to carry out functions under Part 4 of that Act; S. 84BB def. of *correspond-ing body* amended by No. 49/2019 s. 116(Sch. 1 item 163(a)). ***corresponding body*** means a body outside Victoria that has functions under a corresponding law that correspond with any of the functions of the Secretary under Division 2 of Part 2; S. 84BB def. of *correspond-ing law* substituted by No. 30/2013 s. 60(Sch. item 8.16). ***corresponding law*** means— (a) a law of the Commonwealth or of another State or of a Territory that corresponds to Division 2 of Part 2; or (b) the Heavy Vehicle National Law (Victoria) or a law of another State or of a Territory that corresponds to that law; def. of *effective* amended by No. 74/2007 s. 10(b). ***effective***, in relation to an illegal user statement, a known user statement, a sold vehicle statement, a tolling nomination statement or an unknown user statement, means a statement that is, or is accepted by an enforcement official under section 84BE as, and has not ceased to be, an effective statement for the purposes of this Part; ***enforcement official*** means— (a) the informant in any proceeding commenced against the operator of a motor vehicle or trailer; or (b) the issuing officer (within the meaning of the **Infringements Act 2006**) in relation to an infringement notice served on the operator of a motor vehicle or trailer; or (c) the enforcement agency (within the meaning of the **Infringements Act 2006**) in relation to a penalty reminder notice served on the operator of a motor vehicle or trailer under Part2 of that Act— in relation to the driving, or being in charge, of the motor vehicle or trailer at the relevant time; def. of *illegal user statement* amended by No. 74/2007 s. 10(c). ***illegal user statement***, in relation to an offence involving a motor vehicle or trailer, means a statement in writing made by a person to the effect that the person believes that at the time of the offence the motor vehicle or trailer was a stolen motor vehicle or trailer or that the number plates displayed on the motor vehicle or trailer were stolen; def. of *known user statement* amended by No. 74/2007 s. 10(d). ***known user statement***, in relation to an offence involving a motor vehicle or trailer, means a statement in writing made by a person— (a) to the effect that the person was not at the time of the offence driving, or had not at that time possession or control of, the motor vehicle or trailer or the motor vehicle to which the trailer was attached; and (b) containing sufficient information to identify and locate the person who the person making the statement last knew to have, before the offence, possession or control of the motor vehicle or trailer or of the motor vehicle to which the trailer was attached; def. of *nomination rejection statement* substituted by No. 74/2007 s. 10(e). ***nomination rejection statement*** means a statement in writing made by a person nominated in a known user statement, a sold vehicle statement or a tolling nomination statement as being the responsible person in relation to a motor vehicle or trailer to the effect— (a) if nominated in a known user statement, that the person had not had possession or control of the motor vehicle or trailer, as the case requires, before the offence, as stated in the known user statement, and did not have possession or control of it at the time of the offence; and (b) if nominated in a sold vehicle statement, that the motor vehicle or trailer, as the case requires, had not been sold or disposed of to the person, and that no interest in it had otherwise vested in the person, as stated in the sold vehicle statement; and (c) if nominated in a tolling nomination statement, that the person was not the responsible person in relation to the motor vehicle at the time of the tolling offence as stated in the tolling nomination statement; S. 84BB def. of *operator* amended by No. 49/2019 s. 116(Sch. 1 item 163(b)). ***operator***, in relation to a motor vehicle or trailer at the time of an offence, means each of the following— (a) the registered operator of the motor vehicle or trailer at that time or the person recorded at that time on a register of vehicles maintained under a corresponding law as the person responsible for the motor vehicle or trailer; (b) if the Secretary under the regulations, or a corresponding body under a corresponding law, has received notice of transfer of registration of the motor vehicle or trailer, the person whose name is disclosed in the records kept by the Secretary or the corresponding body (as the case requires) as being responsible for the motor vehicle or trailer at that time; (c) if the motor vehicle or trailer is not registered under this Act or a corresponding law, the person whose name is disclosed in the records kept by the Secretary or the corresponding body as being responsible for the motor vehicle or trailer at that time; (d) if the motor vehicle or trailer displays a number plate— (i) the person who, at the time at which the registration number borne by that number plate was last assigned by the Secretary or a corresponding body, was the registered operator of, or (if assigned by a corresponding body) the person recorded on a register of vehicles maintained under the corresponding law as the person responsible for, the motor vehicle or trailer to which that registration number was assigned, whether or not that motor vehicle or trailer is the same as the motor vehicle or trailer involved in the offence; or (ii) the person whose name is disclosed in the records kept by the Secretary or a corresponding body as being entitled, or last entitled, at that time to use or possess that number plate; (e) if the motor vehicle or trailer displays a general identification mark by means of a special identification plate issued by the Secretary under the regulations or by a corresponding body under a corresponding law, the person to whom the mark is assigned at that time; S. 84BB def. of *responsible person* amended by No. 74/2007 s. 10(f). ***responsible person***, in relation to a motor vehicle or trailer at the time of an offence, means each of the following— (a) the operator of the motor vehicle or trailer; (b) in the case of a trailer, the operator of the motor vehicle to which the trailer was attached at that time; (c) the person nominated in an effective known user statement or an effective sold vehicle statement; (d) in the case of a tolling offence, without limiting paragraphs (a), (b) and (c), the person nominated in an effective tolling nomination statement; ***sold vehicle statement***, in relation to an offence involving a motor vehicle or trailer, means a statement in writing made by a person— (a) to the effect that— (i) the person had sold or otherwise disposed of the motor vehicle or trailer before the time of the offence or that any interest in the motor vehicle or trailer had otherwise ceased to be vested in the person before that time; and (ii) the person was not at that time driving, or had not at that time possession or control of, the motor vehicle or trailer or the motor vehicle to which the trailer was attached; and (b) containing sufficient information to identify and locate the person to whom the motor vehicle or trailer was sold ordisposed of, or in whom an interest in the motor vehicle or trailer was otherwise vested, and the date and, if relevant, the time of the sale, disposal or vesting; def. of *tolling nomination statement* inserted by No. 74/2007 s. 10(a). ***tolling nomination statement****,* in relation to a tolling offence, means a statement in writing made by an authorised tolling person to the effect that the authorised tolling person believes that the person nominated in the statement is the responsible person in relation to a motor vehicle at the time of the tolling offence; def. of *tolling offence* inserted by No. 74/2007 s. 10(a), amended by No. 8/2019 s. 149(2), substituted by No. 18/2020 s. 154(2). ***tolling offence*** means an offence involving a motor vehicle against any of the following— (a) section 73(1) of the **Melbourne City Link Act 1995**; (b) section 204(1) of the **EastLink Project Act 2004**; (c) section 32(1) of the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019**; (d) section 69(1) of the **North East Link Act 2020**; def. of *unknown user statement* amended by Nos 74/2007 s. 10(g), 75/2012 s. 5, 63/2017 s. 21(Sch. 1 item 8.8). ***unknown user statement***, in relation to an offence involving a motor vehicle or trailer (other than a tolling offence), means a statement in writing made by a person to the effect that the person— (a) was not at the time of the offence driving, or had not at that time possession or control of, the motor vehicle or trailer or the motor vehicle to which the trailer was attached; and (b) does not know and could not with reasonable diligence ascertain the identity of the person who was at that time driving or, had at that time possession or control of, the motor vehicle or trailer or the motor vehicle to which the trailer was attached. S. 84BC inserted by No. 81/2006 s. 24. 84BC Operator onus offences (1) If the Act or legislative instrument that creates an offence that may be committed by the driver or person in charge of a motor vehicle or trailer, or any other Act or legislative instrument, expressly states that the offence is an operator onus offence for the purposes of this Part, then (except as otherwise provided by this Part) the person who at the time of the offence is the responsible person in relation to the motor vehicle or trailer is guilty of the offence as if that person were the driver or person in charge (as the case requires) of the motor vehicle or trailer at that time. (2) Nothing in subsection (1) affects the liability of the person actually driving, or in charge of, as the case requires, the motor vehicle or trailer at the time of the offence. (3) The operator of a motor vehicle or trailer only ceases to be the responsible person in relation to the motor vehicle or trailer if another person is the responsible person in relation to that vehicle or trailer by force of section 84BE or 84BF. S. 84BC(4) amended by No. 75/2012 s. 6(1). (4) A natural person who by force of this section is guilty of an offence is liable to the same penalties and subject to the same consequences to which the person would have been liable and subject had the person been the driver, or in charge, as the case requires, of the motor vehicle or trailer at the time of the offence. S. 84BC(5) inserted by No. 75/2012 s. 6(2). (5) A body corporate that is guilty of an offence by force of this section is liable to— (a) if the provision of the Act or legislative instrument creating the offence applies a higher penalty to a body corporate found guilty of the offence—that higher penalty; or (b) in any other case—the same penalty as that to which the person who was the driver, or in charge, as the case requires, of the motor vehicle or trailer at the time of the offence would be liable. S. 84BD inserted by No. 81/2006 s. 24. 84BD Effect of payment of penalty, etc. (1) If by force of section 84BC more than one person may be guilty of an offence involving a motor vehicle or trailer and the full amount of any monetary penalty is paid (and not refunded under section 88(4)) and any other necessary consequence (including the recording of demerit points against the person) is suffered by any one of them in relation to the offence, no further penalty or consequence may be imposed on or recovered from that person or any other person in relation to the offence. S. 84BD(2) repealed by No. 28/2009 s. 32. S. 84BD(3) inserted by No. 81/2006 s. 20(1). (3) Despite subsection (1), the payment of a monetary penalty or the recording of demerit points in relation to an offence that is an operator onus offence by force of section 66 may be recorded and used for the purposes of determining the period or periods for which a person may be required to hold a driver licence on probation. S. 84BE inserted by No. 81/2006 s. 24. 84BE Use of effective statement to avoid liability (1) A person is not guilty of an offence by force of section 84BC if— S. 84BE(1)(a) amended by No. 74/2007 s. 11(1)(a). (a) within the prescribed period the person, or an authorised tolling person, gives to an enforcement official— (i) an illegal user statement; or S. 84BE(1) (a)(ii) amended by Nos 75/2012 s. 7(1)(a)), 30/2021 s. 58(a). (ii) a known user statement; or (iii) a sold vehicle statement; or S. 84BE (1)(a)(iv) substituted by No. 74/2007 s. 11(1)(b), amended by Nos 75/2012 s. 7(1)(b)), 30/2021 s. 58(b). (iv) subject to subsection (1A), an unknown user statement; or S. 84BE (1)(a)(v) inserted by No. 74/2007 s. 11(1)(c). (v) a tolling nomination statement; and S. 84BE(1)(ab) inserted by No. 59/2017 s. 126, repealed by No. 34/2023 s. 51(1). (b) the statement is an effective statement for the purposes of this Part. 1 A statement may cease to be an effective statement under section 84BF. 2 It is an offence to provide false or misleading information in a statement: see section 84BI. S. 84BE(1AA) inserted by No. 34/2023 s. 51(2). (1AA) A person is not guilty of an offence by force of section 84BC if— (a) the Director, Fines Victoria suspends enforcement action against the person under section 10V of the **Fines Reform Act 2014** for a period that is longer than the period prescribed for the purposes of subsection (1)(a) for giving a known user statement; and (b) the person, or an authorised tolling person, gives to an enforcement official a known user statement during that longer period; and (c) the statement is an effective statement for the purposes of this Part. S. 84BE(1A) inserted by No. 74/2007 s. 11(2). (1A) A person nominated in a tolling nomination statement may not make, or give to an enforcement official, an unknown user statement in relation to a tolling offence. S. 84BE (1B)‒(1D) inserted by No. 75/2012 s. 7(2), repealed by No. 63/2017 s. 21(Sch. 1 item 8.9). S. 84BE(2) amended by No. 74/2007 s. 11(3)(a)(b). (2) Information contained in a known user statement, a sold vehicle statement or a tolling nomination statement identifying a person is sufficient for the purposes of this Part if it contains— S. 84BE(2)(a) substituted by No. 75/2012 s. 7(3)(a). (a) in the case of an individual— (i) the individual's full name and current home address; and (ii) either the individual's date of birth or the number of the licence or permit authorising the individual to drive; and (iii) if the statement contains the number of a licence or permit issued by a corresponding Authority, the name of the Authority and the jurisdiction in which the licence or permit is issued; and S. 84BE (2)(a)(iv) repealed by No. 63/2017 s. 21(Sch. 1 item 8.9). S. 84BE(2)(b) amended by No. 75/2012 s. 7(3)(b). (b) in the case of a person other than an individual, its full name and current address and (where applicable) its Australian Company Number; and S. 84BE(2)(ba) inserted by No. 74/2007 s. 11(3)(c). (ba) reasons for nominating the individual under paragraph (a) or person under paragraph (b); and (c) in any case, any other prescribed information. (3) A statement containing all the information required by subsection (2) is an effective statement for the purposes of this Part. S. 84BE(4) amended by No. 74/2007 s. 11(4). (4) In addition, an enforcement official may decide to accept a known user statement, a sold vehicle statement or a tolling nomination statement as an effective statement for the purposes of this Part even if it does not contain all the information required by subsection (2) if the enforcement official is satisfied that it contains sufficient information to identify and locate the nominated person. S. 84BE(4A) inserted by No. 74/2007 s. 11(5), amended by Nos 8/2019 s. 150(a), 18/2020 s. 155(a). (4A) If an authorised tolling person gives an enforcement official a tolling nomination statement, and the nomination made in the statement is based on a belief formed after receiving a statement or statements made under Part 4 of the **Melbourne City Link Act 1995**, Part 9 of the **EastLink Project Act 2004**, Part 3 of the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019** or Part 4 of the **North East Link Act 2020**— (a) an enforcement official may request the statement or statements be given to the official; and S. 84BE (4A)(b) amended by Nos 8/2019 s. 150(b), 18/2020 s. 155(b). (b) the authorised tolling person must give a copy or copies of the statement or statements made under the **Melbourne City Link Act 1995**, the **EastLink Project Act 2004**, the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019** or the **North East Link Act 2020** to the official as soon as practicable after the official makes the request. S. 84BE(5) substituted by No. 74/2007 s. 11(6). (5) An enforcement official may decide to accept an illegal user statement as an effective statement for the purposes of this Part if satisfied as to the matters, and any reasons set out in support of those matters, stated in the statement. S. 84BE(5A) inserted by No. 74/2007 s. 11(6). (5A) An enforcement official may decide to accept an unknown user statement as an effective statement if the enforcement official is satisfied that it states— (a) that, at the time of the offence, the person was not driving, or had not at that time possession or control of the motor vehicle or trailer or the motor vehicle to which the trailer was attached; and (b) reasons in support of the matters raised under paragraph (a) that— (i) are adequate and reasonable in the circumstances; and (ii) explain why the person could not, with reasonable diligence, ascertain the identity of the person who was at that time driving or at that time was last known to have had possession or control of the motor vehicle or trailer, or the motor vehicle to which the trailer was attached. S. 84BE(5B) inserted by No. 75/2012 s. 7(4). (5B) For the purposes of subsection (5A)(b)(i), a failure to keep a record of who had possession or control of the motor vehicle or trailer, or of the motor vehicle to which the trailer was attached, at the time of the offence is not a reason that is adequate and reasonable unless the failure to do so was due to exceptional circumstances. S. 84BE(6) amended by No. 74/2007 s. 11(7). (6) An enforcement official to whom a known user statement, sold vehicle statement or tolling nomination statement (not containing all the information required by subsection (2)) or an illegal user statement or an unknown user statement is given under subsection (1) must, within the prescribed period, cause a notice to be served on the person who gave the statement stating whether or not the enforcement official has decided under subsection (4), (5) or (5A) (as the case requires) to accept the statement as an effective statement for the purposes of this Part. (7) If subsection (6) is not complied with in respect of a statement, the enforcement official must be taken to have decided to accept the statement as an effective statement for the purposes of this Part. (8) A notice under subsection (6) may be served by post addressed to the person at an authorised address (within the meaning of section 163A of the **Infringements Act 2006**). S. 84BE(9) amended by No. 68/2017 s. 64. (9) A notice under subsection (6) served in accordance with subsection (8) and returned undelivered to its sender is deemed to be served 7 days after the date specified in the notice as the date of the notice, despite it being returned to its sender as undelivered. (10) Subsection (9) has effect despite anything to the contrary in section 49(1) of the **Interpretation of Legislation Act 1984**. S. 84BEA inserted by No. 75/2012 s. 8. 84BEA Failure to give effective statement (1) A body corporate must not fail to give an effective statement for the purposes of this Part in relation to 3 or more relevant infringement notices served on the body corporate within a 12 month period. Penalty: 120 penalty units. (2) For the purposes of subsection (1), a relevant infringement notice is an infringement notice (other than an infringement notice specified in subsection (4)) served on the body corporate in respect of an operator onus offence— (a) committed by a person driving or in charge of a motor vehicle or trailer of which, at the time of the offence, the body corporate was the responsible person; and S. 84BEA (2)(b) substituted by No. 30/2021 s. 59. (b) for which— (i) demerit points may be incurred; or (ii) a driver licence or learner permit must be, under the Act, suspended or cancelled; or (iii) a person driving or in charge of a motor vehicle or trailer must be, under the Act, disqualified from obtaining a driver licence or learner permit for any period. (3) For the purposes of subsection (1), if the acceptance of a statement made by the body corporate in relation to the infringement notice is cancelled under section 84BF, the body corporate has failed to give an effective statement for the purposes of this Part. (4) For the purposes of subsection (2), an infringement notice is not a relevant infringement notice if— (a) the operator onus offence in respect of which the infringement notice is issued is heard in court and no finding of guilt is recorded against the person defending the charge; or (b) the infringement notice is withdrawn or cancelled; or (c) a charge-sheet charging the operator onus offence in respect of which the infringement notice is issued is filed but the charge is withdrawn or not proceeded with within 12 months after the charge-sheet is filed. (5) In a proceeding for an offence against subsection (1), it is a defence if— (a) in relation to one or more of the infringement notices that are the subject of the offence, the body corporate proves that— (i) it had taken all reasonable steps to ensure it could identify the person who had possession or control of the motor vehicle or trailer, or of the motor vehicle to which the trailer was attached, in the event the motor vehicle or trailer was involved in an operator onus offence; and (ii) its failure to give an effective statement in the relevant instance was due to exceptional circumstances; and (b) without the inclusion of that infringement notice, or those infringement notices, the number of infringement notices for which the body corporate has failed to give an effective statement within the relevant 12 month period is 2 or less. S. 84BEB inserted by No. 75/2012 s. 8. 84BEB Date of failure to give effective statement and time for commencement of proceeding (1) The date on which a body corporate fails to give an effective statement for the purposes of this Part in relation to an infringement notice is— (a) if the body corporate does not make a statement, the earlier of— (i) the date on which the infringement penalty is paid; (ii) the expiry of the period prescribed under section 84BE(1)(a) for making a statement; or (b) if the body corporate makes a statement that is not accepted by an enforcement official as an effective statement, the date on which the enforcement official decides not to accept the statement; or (c) if the body corporate makes a statement the acceptance of which is cancelled under section 84BF, the date on which the statement ceases to be an effective statement for the purposes of this Part. (2) A proceeding against a body corporate for an offence against section 84BEA(1) may be commenced not later than 12 months after the latest of the dates determined under subsection (1) for the infringement notices that are the subject of the offence. S. 84BF inserted by No. 81/2006 s. 24. 84BF Cancellation of acceptance of statement (1) An enforcement official may cancel the acceptance of a statement as an effective statement for the purposes of this Part (including a statement taken to have been accepted by force of section 84BE(7))— S. 84BF(1)(a) amended by No. 74/2007 s. 12. (a) if in the case of a known user statement, a sold vehicle statement or a tolling nomination statement, the person nominated in the statement as being the responsible person gives to an enforcement official within the prescribed period a nomination rejection statement and the enforcement official is satisfied, having regard to the matters stated in the nomination rejection statement, that the nomination was incorrect; or It is an offence to provide false or misleading information in a statement: see section 84BI. (b) if in the case of a statement not containing all the information required by section 84BE(2), the information contained in the statement proves not to be sufficient to identify or locate the nominated person; or (c) in prescribed circumstances. (2) If the acceptance of a statement as an effective statement is cancelled under subsection (1), on that cancellation— (a) the statement ceases to be an effective statement for the purposes of this Part; and (b) the person who would, but for the statement, have continued to be the responsible person in relation to the motor vehicle or trailer (as the case requires) becomes again the responsible person. S. 84BG inserted by No. 81/2006 s. 24 (as amended by No. 14/2007 s. 9). 84BG Proceedings against nominated persons S. 84BG(1) amended by No. 74/2007 s. 13(1). (1) A proceeding against a person nominated in an effective known user statement, sold vehicle statement or tolling nomination statement for an offence to which this Part applies may be commenced not later than 12 months after— (a) the day on which the statement was given to the enforcement official; or (b) if the statement again becomes an effective statement because of the cancellation under section 84BF(1) of the acceptance of a subsequent statement, the day on which the subsequent statement is cancelled. S. 84BG(2) amended by No. 74/2007 s. 13(2). (2) In a proceeding referred to in subsection (1) the known user statement, sold vehicle statement or tolling nomination statement is evidence and, in the absence of evidence to the contrary, proof of the matters stated in it. (3) A proceeding against a person (other than a person nominated in an effective known user statement or sold vehicle statement) who, by force of section 84BF(2), becomes again the responsible person in relation to the motor vehicle or trailer at the time of an offence to which this Part applies may be commenced not later than 12 months after the day on which that person again became the responsible person. S. 84BH inserted by No. 81/2006 s. 24, amended by No. 68/2009 s. 97(Sch. item 106.14). 84BH Defences to operator onus offences In a proceeding for an operator onus offence it is a defence to the charge for the accused to prove any of the following— S. 84BH(a) amended by No. 68/2009 s. 97(Sch. item 106.14). (a) that the accused had made an illegal user statement, a known user statement, a sold vehicle statement or an unknown user statement within the prescribed period and that the statement is, or ought to have been accepted by an enforcement official as, an effective statement for the purposes of this Part; S. 84BH(b) amended by No. 68/2009 s. 97(Sch. item 106.14). (b) that the acceptance as an effective statement for the purposes of this Part of an illegal user statement, known user statement, sold vehicle statement or unknown user statement made by the accused ought not to have been cancelled under section 84BF(1); S. 84BH(ba) inserted by No. 74/2007 s. 14(1). (ba) that the acceptance as an effective statement for the purposes of this Part of a tolling nomination statement made by an authorised tolling person ought not to have been cancelled under section 84BF(1); S. 84BH(c) amended by Nos 74/2007 s. 14(2), 68/2009 s. 97(Sch. item 106.14). (c) if the proceeding against the accused is based on a nomination made in a known user statement, sold vehicle statement or tolling nomination statement, that the accused had made a nomination rejection statement and that an enforcement official ought to have been satisfied, having regard to the matters stated in the nomination rejection statement, that the nomination was incorrect. S. 84BH(d) repealed by No. 74/2007 s. 14(3). S. 84BI inserted by No. 81/2006 s. 24 (as amended by No. 14/2007 s. 10), amended by No. 75/2012 s. 9 (ILA s. 39B(1)). 84BI Offence to provide false or misleading information S. 84BI(1) amended by No. 34/2023 s. 52. (1) A person must not in a statement given under section 84BE(1) or (1AA) or section 84BF(1)(a) to an enforcement official provide information that the person knows to be false or misleading. Penalty: In the case of a natural person, 60 penalty units; In the case of a body corporate, 120 penalty units. S. 84BI(2) inserted by No. 75/2012 s. 9(2). (2) A proceeding for an offence against subsection (1) may be commenced not later than 24 months after the date on which the offence is alleged to have been committed. S. 84BIA inserted by No. 75/2012 s. 10 (as amended by No. 35/2014 s. 63). 84BIA Cancellation of licence and disqualification If a person is convicted or found guilty of an offence against section 84BI, the court may, in addition to imposing a penalty— S. 84BIA(a) amended by No. 5/2016 s. 36(Sch. 1 item 41). (a) if the person holds a driver licence or learner permit—cancel that licence or permit and disqualify the person from driving a motor vehicle on a road in Victoria and disqualify the person from obtaining a driver licence or learner permit for a period not exceeding 24 months; or S. 84BIA(b) amended by No. 5/2016 s. 36(Sch. 1 item 41). (b) if the person does not hold a driver licence or learner permit—disqualify the person from driving a motor vehicle on a road in Victoria and disqualify the person from obtaining a driver licence or learner permit for a period not exceeding 24 months. Pt 6AB (Headings and ss 84BJ–84BV) inserted by No. 50/2012 s. 5. Part 6AB—Safe driving programs S. 84BJ inserted by No. 50/2012 s. 5. 84BJ Definitions ***applicable offence*** means— (a) an offence against section 64(1)— (i) in circumstances involving improper use of a motor vehicle; or (ii) in circumstances where a motor vehicle is driven at 45 kilometres per hour or more over the applicable speed limit; or (iii) in circumstances where a motor vehicle is driven, if the applicable speed limit is 110 kilometres per hour, at a speed of 145 kilometres per hour or more; (b) an offence against section 65(1) in circumstances involving improper use of a motor vehicle; (c) an offence against section 65A(1); (d) an offence against section 68(1) or (2); (e) an offence against section 65B or rule 20 of the Road Rules in circumstances where the motor vehicle is driven— (i) at 45 kilometres per hour or more over the applicable speed limit; or (ii) if the applicable speed limit is 110 kilometres per hour, at a speed of 145 kilometres per hour or more; (f) an offence against rule 291 of the Road Rules in circumstances involving improper use of a motor vehicle; (g) an offence against rule 297 of the Road Rules in circumstances involving improper use of a motor vehicle; S. 84BJ(1) def. of *approved provider* repealed by No. 68/2017 s. 25. ***approved safe driving program*** means a program approved under section 84BO; ***court***, in relation to an applicable offence, means— (a) the court hearing and determining the charge for the applicable offence; or (b) if an application for an exemption under section 84BL(3) is made on a day after the determination of the charge for the applicable offence—the court hearing the application; S. 84BJ(1) def. of *improper use of a motor vehicle* amended by No. 68/2017 s. 82(a). ***improper use of a motor vehicle***, in relation to an applicable offence, means the driving of a motor vehicle in a manner that intentionally causes the motor vehicle to undergo loss of traction by one or more of its wheels. S. 84BJ(1) def. of *Road Rules* repealed by No. 68/2017 s. 82(b). (2) For the purposes of this Part, more than one applicable offence arising out of the same set of circumstances are to be treated as a single applicable offence. (3) For the purposes of subsection (2), the same set of circumstances is constituted by one continuous period during which a person continues to drive or be in charge of a motor vehicle. S. 84BK inserted by No. 50/2012 s. 5. 84BK Part does not affect other penalty An order under this Part for completion of an approved safe driving program is in addition to, and does not limit or otherwise affect, any other penalty that may be imposed in respect of an applicable offence. Division 2—Requirement to complete approved safe driving program S. 84BL inserted by No. 50/2012 s. 5. 84BL Court order for completion of approved safe driving program (1) Subject to subsections (2) and (3), the court must order that a person complete an approved safe driving program if— (a) the person is found guilty of an applicable offence; and (b) in relation to the offence— S. 84BL(1) (b)(i) amended by No. 37/2014 s. 10(Sch. item 147.29). (i) a motor vehicle has been impounded or immobilised by a police officer under Division 2 of Part 6A; or (ii) a motor vehicle has been impounded, immobilised or forfeited under a court order made under Division 3 of Part 6A. (2) The court must not order that a person complete an approved safe driving program if the person provides to the court written evidence of having already completed an approved safe driving program provided by an approved provider. (3) In exceptional circumstances, the court may exempt a person from completing an approved safe driving program. (4) A person may apply to the court for an exemption under subsection (3)— (a) at the hearing of the charge for the applicable offence; or (b) at any time after the court has made an order under subsection (1). S. 84BL(5) amended by No. 49/2019 s. 116(Sch. 1 item 164). (5) The court must notify the Secretary of— (a) the making of an order under subsection (1); or (b) the granting of an exemption under subsection (3). S. 84BM (Heading) amended by No. 49/2019 s. 116(Sch. 1 item 165). S. 84BM inserted by No. 50/2012 s. 5, amended by No. 49/2019 s. 116(Sch. 1 item 166). 84BM Secretary to notify person of program and period for completion If the court orders a person to complete an approved safe driving program under section 84BL(1), the Secretary must give notice to the person of— (a) the approved safe driving program that the person is required to complete; and (b) the date (being not less than 1 month after the date of the notice) by which the person must— (i) complete the program; and S. 84BM(b)(ii) amended by No. 49/2019 s. 116(Sch. 1 item 166). (ii) provide to the Secretary written evidence of having completed the program. S. 84BN inserted by No. 50/2012 s. 5. 84BN Failure to complete approved safe driving program S. 84BN(1) amended by No. 49/2019 s. 116(Sch. 1 item 167). (1) If, by the date specified in a notice given by the Secretary under section 84BM— S. 84BN(1)(a) amended by No. 49/2019 s. 116(Sch. 1 item 167). (a) the person to whom the notice is given has failed to provide to the Secretary written evidence that he or she has completed the approved safe driving program specified in the notice; and S. 84BN(1)(b) amended by No. 49/2019 s. 116(Sch. 1 item 167). (b) the court has not notified the Secretary of the granting of an exemption under section 84BL(3)— the Secretary must take the appropriate action under subsection (2). S. 84BN(2) amended by No. 49/2019 s. 116(Sch. 1 item 167). S. 84BN(2)(a) amended by No. 5/2016 s. 36(Sch. 1 item 42(a)). (a) suspend any driver licence or learner permit held by the person; or S. 84BN(2)(b) amended by No. 5/2016 s. 36(Sch. 1 item 42(b)). (b) if the driver licence or learner permit is already suspended—further suspend the driver licence or learner permit from the date of expiry of the existing suspension; or S. 84BN(2)(c) amended by No. 5/2016 s. 36(Sch. 1 item 42(b)). (c) if the person does not hold a driver licence or learner permit—disqualify the person from driving a motor vehicle on a road in Victoria and disqualify the person from obtaining a driver licence or learner permit. S. 84BN(3) amended by No. 49/2019 s. 116(Sch. 1 item 167). (3) A suspension, further suspension or disqualification under subsection (2) remains in effect until the Secretary is satisfied that— (a) the person has completed the approved safe driving program specified in the notice; or (b) the person has been exempted by the court from completing the approved safe driving program. S. 84BN(4) amended by No. 49/2019 s. 116(Sch. 1 item 167). S. 84BN(4)(a) amended by No. 49/2019 s. 116(Sch. 1 item 167). (a) the Secretary has accepted written evidence of a person having completed an approved safe driving program; and S. 84BN(4)(b) amended by No. 49/2019 s. 116(Sch. 1 item 167). (b) the Secretary becomes aware that the evidence is invalid, false or issued in error— the Secretary must take the appropriate action under subsection (2). Division 3—Approval of safe driving programs and providers of safe driving programs S. 84BO (Heading) amended by No. 49/2019 s. 116(Sch. 1 item 168). S. 84BO inserted by No. 50/2012 s. 5. 84BO Secretary may approve safe driving programs S. 84BO(1) amended by No. 49/2019 s. 116(Sch. 1 item 169(a)). (1) The Secretary may approve, in writing, safe driving programs to be provided by approved providers to persons, or a specified class of persons, who are the subject of a court order under section 84BL(1). S. 84BO(2) amended by No. 49/2019 s. 116(Sch. 1 item 169(a)). (2) The Secretary may, in writing— (a) cancel or suspend the approval of a safe driving program; or (b) vary the class of persons to whom an approved safe driving program is to be provided. S. 84BO(3) amended by No. 49/2019 s. 116(Sch. 1 item 169). (3) The Secretary must not take action under subsection (2) unless the Secretary has allowed each approved provider that is approved to provide the approved safe driving program at least 10 working days to make written representations about the proposed action. S. 84BP (Heading) amended by No. 49/2019 s. 116(Sch. 1 item 170). S. 84BP inserted by No. 50/2012 s. 5. 84BP Secretary may approve providers of safe driving programs S. 84BP(1) amended by No. 49/2019 s. 116(Sch. 1 item 171). (1) The Secretary may approve, in writing, a person or body to be a provider of safe driving programs for the purposes of this Part. S. 84BP(2) amended by No. 49/2019 s. 116(Sch. 1 item 171). (2) The Secretary may determine the process for approving providers and the requirements an applicant must meet to be considered for approval. (3) An approval under subsection (1) must be in writing and state which approved safe driving programs the person or body is approved to provide. S. 84BQ inserted by No. 50/2012 s. 5. 84BQ Conditions etc. on approval of providers S. 84BQ(1) amended by No. 49/2019 s. 116(Sch. 1 item 172(a)). (1) An approval under section 84BP may be given subject to any specified condition, limitation or restriction that the Secretary considers appropriate. S. 84BQ(2) amended by No. 49/2019 s. 116(Sch. 1 item 172(a)). (2) At any time, the Secretary may, by giving written notice to the person or body concerned— (a) vary or revoke a condition, limitation or restriction to which the approval is subject; or (b) make the approval subject to a new condition, limitation or restriction. S. 84BQ(3) amended by No. 49/2019 s. 116(Sch. 1 item 172). (3) The Secretary must not take action under subsection (2) unless the Secretary has allowed the person or body at least 10 working days to make written representations about the proposed action. S. 84BQA inserted by No. 30/2021 s. 60. 84BQA Transfer of approval of provider (1) An approved provider for a safe driving program may apply to the Secretary to transfer the approval if— (a) the approved provider wishes to merge with another person; or (b) the approved provider wants to change their name. (2) If the Secretary is satisfied that the transfer is appropriate, on application under subsection (1), the Secretary may approve the transfer of the approval of the provider to— (a) a person with whom the approved provider is merging; or (b) a name that the approved provider is changing to. (3) An application under subsection (1) must be made in the manner and form determined in writing by the Secretary and must be accompanied by— S. 84BQB inserted by No. 30/2021 s. 60. 84BQB Transition of certain matters on transfer of approval On the transfer of an approval under section 84BQA— (a) the person to whom the approval is transferred (***new provider***) is substituted for the previous approved provider (***old provider***) as a party to any arrangement or contract— (i) that the old provider was a party to; and (ii) that relates to the provision of safe driving programs; and (b) a reference to the old provider in any document relating to the provision of safe driving programs by the old provider is taken to be a reference to the new provider— (c) the conditions applying to the approval continue to apply to the approval. S. 84BR inserted by No. 50/2012 s. 5. 84BR Cancellation or suspension of approval of provider S. 84BR(1) amended by No. 49/2019 s. 116(Sch. 1 item 173(a)). (1) The Secretary may, by giving written notice to an approved provider, cancel or suspend the provider's approval under section 84BP if the Secretary is satisfied that the provider— (a) has failed to comply with any condition, limitation or restriction to which the approval is subject; or S. 84BR(1)(b) amended by No. 49/2019 s. 116(Sch. 1 item 173(a)). (b) has failed to provide a safe driving program to the satisfaction of the Secretary. S. 84BR(2) amended by No. 49/2019 s. 116(Sch. 1 item 173(b)). (2) The Secretary must not take action under subsection (1) unless the Secretary has allowed the approved provider at least 10 working days to make written representations about the proposed action. S. 84BS inserted by No. 50/2012 s. 5. 84BS Review by Tribunal S. 84BS(1) amended by No. 49/2019 s. 116(Sch. 1 item 174). (1) A person or body whose interests are affected by a decision of the Secretary under section 84BR to cancel or suspend an approval may apply for review of the decision to VCAT. (b) if the person or body requests a statement of reasons for the decision under section 45 of the **Victorian Civil and Administrative Tribunal Act 1998**, the day on which— Division 4—Fee relating to approved safe driving program S. 84BT inserted by No. 50/2012 s. 5. 84BT Payment of fee S. 84BT(1) amended by No. 49/2019 s. 116(Sch. 1 item 175). (1) A person participating in an approved safe driving program must pay to the approved provider who is providing the program the fee determined by the Secretary under section 84BV(1). (2) The fee payable under subsection (1) is in addition to any commercial charge set by the approved provider for participation in the approved safe driving program. (3) The approved provider must refund the fee to the person if the approved provider— (a) fails to provide the approved safe driving program at the time agreed with the person; and (i) is unable to reach agreement with the person as to an alternative time at which to provide the program; or (ii) fails to provide the approved safe driving program at an alternative time agreed with the person. S. 84BU (Heading) amended by No. 49/2019 s. 116(Sch. 1 item 176). S. 84BU inserted by No. 50/2012 s. 5. 84BU Approved provider to send fees to Secretary S. 84BU(1) amended by No. 49/2019 s. 116(Sch. 1 item 177). (1) An approved provider must send to the Secretary the fees paid to the approved provider under section 84BT(1) in the manner and within the time determined by the Secretary. S. 84BU(2) amended by No. 49/2019 s. 116(Sch. 1 item 177). (2) The fees sent to the Secretary under subsection (1) must be accompanied by the information required by the Secretary relating to the approved safe driving programs to which the fees relate. S. 84BU(3) amended by No. 49/2019 s. 116(Sch. 1 item 177). (3) The information required by the Secretary under subsection (2) may include the names of the participants of the approved safe driving programs. S. 84BV (Heading) amended by No. 49/2019 s. 116(Sch. 1 item 178). S. 84BV inserted by No. 50/2012 s. 5. 84BV Secretary may determine fee S. 84BV(1) amended by No. 49/2019 s. 116(Sch. 1 item 179). (1) The Secretary may determine from time to time the fee to be imposed on persons for participating in an approved safe driving program conducted by an approved provider. (2) A determination under subsection (1) must be made by notice published in the Government Gazette. S. 84BV(3) amended by No. 49/2019 s. 116(Sch. 1 item 179). (3) In determining the amount of the fee, the Secretary must ensure that the total fees collected do not exceed the costs of the implementation and administration of the safe driving program scheme established under this Part. Pt 6A (Heading and ss 84C–84ZS) inserted by No. 93/2005 s. 4.