43Offences involving a vehicle or vessel—liability of owner

43 Offences involving a vehicle or vessel—liability of owner

(1) The owner of a vehicle or vessel at the time when an offence against this instrument relating to the vehicle or vessel (a relevant offence) is committed is taken to have committed the offence. Known user declaration (2) However, the owner of the vehicle or vessel is not taken to have committed the relevant offence if: (a) the vehicle or vessel was, at the time of the offence, stolen or illegally taken or used; or (b) for an owner who is not a body corporate—within 14 days after service of an infringement notice or a summons for the offence, the owner makes, and gives to a Trust officer, a statutory declaration stating: (i) that it is made for this section; and (ii) that the owner was not in charge of the vehicle or vessel at the time of the alleged offence; and (iii) the name and address of the person who was in charge of the vehicle or vessel at that time; or (c) for an owner that is a body corporate—within 14 days after service of an infringement notice or a summons for the offence, a director, manager or secretary of the body corporate makes, and gives to a Trust officer, a statutory declaration stating: (i) that it is made for this section; and (ii) that the vehicle or vessel was not being used for the body corporate at the time of the alleged offence; and (iii) the name and address of the person who was in charge of the vehicle or vessel at that time. Unknown user declaration (3) If an infringement notice, or a summons, has been served on the owner of a vehicle or vessel for a relevant offence: (a) if the owner is a not a body corporate—the owner (or another person having knowledge of the facts) may within 14 days after service of the notice or summons make, and give to a Trust officer, a statutory declaration stating: (i) that it is made for this section; and (ii) that the owner was not in charge of the vehicle or vessel at the time of the offence; and (iii) that the owner (and the declarant, if the declarant is not the owner) has not been able to find out who was in charge of the vehicle or vessel at that time; and (iv) the nature of the inquiries made to find out the name and address of the person who was in charge of the vehicle or vessel at that time; or (b) if the owner is a body corporate—a director, manager or secretary of the body corporate may, within 14 days after service of the notice or summons, make, and give to a Trust officer, a statutory declaration stating: (i) that it is made for this section; and (ii) that, to the knowledge of the declarant, from the facts as set out in the declaration, the vehicle or vessel was not being used for the body corporate at the time of the offence; and (iii) that the declarant and the body corporate have not been able to find out who was in charge of the vehicle or vessel at that time; and (iv) the nature of the inquiries made to find out the name and address of the person who was in charge of the vehicle or vessel at that time. (4) At a hearing of a prosecution for a relevant offence against the owner of a vehicle or vessel: (a) if a statutory declaration under paragraph (3)(a) has been given to a Trust officer—the court must dismiss the charge if it is satisfied (whether on the statements contained in the statutory declaration or otherwise) that: (i) the owner was not in charge of the vehicle or vessel at the time of the offence; and (ii) the inquiries made to find out the name and address of the person who was in charge of the vehicle or vessel at that time were reasonable in the circumstances of the case and were carried out with due diligence; or (b) if a statutory declaration under paragraph (3)(b) has been given to a Trust officer—the court must dismiss the charge if it is satisfied (whether on the statements contained in the statutory declaration or otherwise) that: (i) the vehicle or vessel was not being used for the body corporate at the time of the offence; and (ii) the inquiries made to find out the name and address of the person who was in charge of the vehicle or vessel at that time were reasonable in the circumstances of the case and were carried out with due diligence. (5) At a hearing of a prosecution for a relevant offence, a certificate signed by a Trust officer stating that a person named in the certificate has not, in relation to that offence, given a Trust officer a statutory declaration under this section is prima facie evidence of the matters stated in the certificate. (6) A certificate that purports to have been signed by a Trust officer is to be taken to have been signed by the Trust officer unless the contrary is proved. (7) This section does not affect the liability of a person who actually committed the offence if the person was not the owner of the vehicle or vessel involved in the offence. However, if a penalty has been imposed on or recovered from any person for the offence, no further penalty may be imposed on or recovered from anyone else for the same offence. (8) In this section: