12AInfringement notices—service if offender unknown—

12A Infringement notices—service if offender unknown— (1) If the identity of the person who is believed to have committed an infringement notice offence is not known, but the offence involves a registrable or rail vehicle, an authorised person may serve an infringement notice for the offence on the responsible person for the vehicle. Note For how documents may be served, see the Legislation Act, pt 19.5.

(2) An infringement notice may be served on a responsible person for the registrable or rail vehicle— (a) if the vehicle is a registrable vehicle and it is reasonably practicable to access the vehicle—by securely placing or attaching the notice, addressed to the responsible person (without further description), on or to the vehicle in a prominent position; or (b) in any other case—by sending the notice to the responsible person— (i) by prepaid post addressed to the person, at— (A) the person’s home address or business address; or (B) if the person has an address for service in a record or register kept under the road transport legislation, Heavy Vehicle National Law (ACT) or a corresponding law—the recorded address for service; or (ii) by an electronic means if— (A) the electronic means is approved by the chief police officer or the road transport authority; and (B) the responsible person has given the authorised person an electronic address at which service may be effected by the electronic means. Examples—electronic means • email address • mobile telephone number Note For when a notice sent by post is taken to be given, see the Road Transport (General) Regulation 2000, s 9B. The Legislation Act, s 250 (1) does not apply to a notice given under the road transport legislation (see Road Transport (General) Regulation 2000, s 9B (4)).

(3) A person commits an offence if— (a) an infringement notice is placed on or attached to a vehicle; and (b) the person does something that prevents the responsible person for the vehicle receiving or reading the infringement notice. Maximum penalty: 20 penalty units. (4) An offence against subsection (3) is a strict liability offence.