44Copy of statutory declaration to be served

44 Copy of statutory declaration to be served

(1) This section applies if a person is named in a statutory declaration given under paragraph 43(2)(b) or (c) as being the person who was in charge of a vehicle or vessel at the time of an offence involving the vehicle or vessel. (2) A copy of the statutory declaration must: (a) if an infringement notice for the offence is to be served on the person after the statutory declaration is given—be attached to the infringement notice when it is served; or (b) if the person is to be prosecuted for the offence and paragraph (c) does not apply—be attached to the summons for the offence when it is served on the person; or (c) if the person is to be prosecuted for the offence and a summons for the offence was served on the person before the statutory declaration was given—be served on the person at least 3 days before the commencement of the hearing for the offence. (3) At a hearing of a prosecution for the offence against the person, the statutory declaration is prima facie evidence that the person was in charge of the vehicle or vessel at the time of the offence.