43Appeals against findings of guilt, cancellations, &c.

43 Appeals against findings of guilt, cancellations, &c. (1) Where: (a) a person has been found guilty of an offence against this Act; or and as a consequence of the being found guilty or the finding: (ba) the person's licence is cancelled; or (bb) the person is disqualified from holding a licence for a period; and: (bc) the person has duly instituted an appeal to the Supreme Court from the conviction, order or finding in respect of the offence, then on and from the date when the court by which the order or conviction was made is satisfied that an appeal has been duly instituted and until the determination of the appeal, this Act does not apply to or in relation to that person being found guilty in so far as it would, but for this section: (c) cause that person to cease to be licensed or be deemed to be licensed; (d) require the delivery of that person's licence to the Registrar for cancellation; or (e) cause that person to be disqualified from being granted a licence or from holding a licence. (2) Unless the Supreme Court on the hearing of an appeal quashes conviction, order or finding sets aside the finding: (a) the period, if any, during which the appellant is disqualified from being granted or holding a licence to drive a motor vehicle ends, subject to any order the Supreme Court makes on the hearing of the appeal, on the date which is as many days after the date on which it would have ended if there had been no appeal as there are days in the period between the institution and the determination of the appeal; and (b) subject to any order the Supreme Court makes on the hearing of the appeal, the appellant is not licensed or shall not be deemed to be licensed during the period commencing on the determination of the appeal and ending on the date which is as many days after the determination as there are days in the period between the institution and the determination of the Traffic Act 1987 92 appeal. 43AA Demerit points offence (1) If a demerit points offence is detected by a traffic infringement detection device and: (a) an infringement notice is issued to a body corporate that is the registered owner of the vehicle; and (b) the registered owner does not, within the time allowed by the notice, return a statutory declaration: (i) identifying a natural person as the driver of the vehicle at the time the offence was committed; or (ii) identifying another body corporate that, at the time the offence was committed, had control of the vehicle under a hire or lease agreement; the body corporate is liable to an infringement notice penalty equal to 5 times the infringement notice penalty amount prescribed for the (2) If a demerit points offence is detected by a traffic infringement detection device and: (a) an infringement notice is issued to a body corporate that, at the relevant time, had control of the vehicle under a hire or lease agreement; and (b) the body corporate does not, within the time allowed by the notice, return a statutory declaration identifying a natural person as the driver of the vehicle at the time the offence was committed; the body corporate is liable to an infringement notice penalty equal to 5 times the infringement notice penalty amount prescribed for the (3) In this section: body corporate includes an Agency and, so far as the legislative power of the Legislative Assembly permits, an agency of the Commonwealth or another jurisdiction. registered owner is taken to include a nominated operator under section 92A of the Motor Vehicles Act 1949. Traffic Act 1987 93 43AAB Liability of owner of motor vehicle for certain offences committed by unidentified driver (1) This section applies in relation to an offence (a designated offence) involving the driving or use of a motor vehicle under any of the following provisions: (a) section 30B(3) or 33(1)(a) or (4) of the Act; (b) a provision of the Regulations that is prescribed by regulation for this section. (2) The purpose of this section is to provide for: (a) an owner of a motor vehicle involved in the commission of a designated offence to be held liable for the offence if the identity of the person driving or otherwise in control of the motor vehicle at the time the offence occurs is not ascertained; and (b) means by which the owner can avoid being attributed liability for the commission of the designated offence by operation of this section if the owner was not the person who was driving or in control of the motor vehicle at the time the offence occurred. (3) Subject to this section, if a designated offence occurs, the person who at the time of the occurrence of the designated offence is the owner of the motor vehicle involved in the offence is taken to have committed that offence as if the owner were the person driving or in control of the motor vehicle at that time. (4) Subsection (3) does not apply to the owner of the motor vehicle if: (a) at the time of the offence the vehicle was reported as stolen; or (b) at the time of the offence: (i) the owner had sold or disposed of the vehicle but the registration of the vehicle had not been transferred to the new owner under the Motor Vehicles Act 1949; and (ii) the owner had provided the Registrar with a notice of disposal in respect of the vehicle under section 20 of the Motor Vehicles Act 1949; or (c) within 14 days after the owner receives or is served with the first of an infringement notice, a courtesy letter under Part 2,