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Traffic Act 1987
Div 3of the Fines and Penalties (Recovery) Act 2001 or a
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Division 3 of the Fines and Penalties (Recovery) Act 2001 or a
Traffic Act 1987 94
summons in relation to the offence, the owner delivers to an
appropriate place a statutory declaration made by the owner
stating that:
(i) another person was the driver or in control of the vehicle
at the time of the offence and setting out the name and
address of that other person (if known) and any other
information known to the owner that may assist in
identifying or locating that other person; or
(ii) the vehicle was sold before the offence occurred and
setting out the date of the sale, the name and last known
address of the person to whom it was sold and, if the
sale was made through an agent, the name and address
of the agent; or
(iii) the vehicle had been stolen or was being used
unlawfully without the owner's consent at the time of the
(5) If the owner of the motor vehicle is a body corporate, a director,
secretary or manager of the body corporate may make a statutory
declaration on behalf of the body corporate for the purposes of
subsection (4).
(6) If the owner of the motor vehicle is the Territory, the
Commonwealth, a State, another Territory or a statutory corporation
(a relevant entity), a person who is authorised, or apparently
authorised, by the relevant entity may make a statutory declaration
on behalf of the entity for the purposes of subsection (4).
(7) A person named in a statutory declaration as being in control of a
motor vehicle at the time of an offence cannot be found guilty of the
offence unless a copy of the statutory declaration is served on the
person with the summons for the offence.
(8) If a person is specified as the new owner of a motor vehicle in a
notice of disposal referred to in subsection (4)(b):
(a) the person is to be taken to be the owner of the vehicle at the
time of the occurrence of the designated offence for this
section (other than subsection (4)(b)); and
(b) this section applies as if a reference to the owner of the
vehicle (other than in subsection (4)(b)) were a reference to
that person.
Traffic Act 1987 95
(9) A statutory declaration referred to in subsection (4)(c) that names
another person as being in control of the motor vehicle at the time
of the designated offence or names a person to whom the vehicle
was sold before the designated offence occurred:
(a) is admissible in evidence in a prosecution of the person in
relation to the offence; and
(b) is evidence that the person was the driver or person in control
of the vehicle at the time of the offence.
(10) Subject to subsection (11), nothing in subsection (3) affects the
liability of a person for the commission of the designated offence
who:
(a) is the driver or person in control of the motor vehicle at the
time the offence occurs; and
(b) is otherwise not the owner of the vehicle.
(11) If a penalty has been imposed on a person in relation to an offence:
(a) another person cannot be charged with the same offence; and
(b) a further penalty cannot be imposed on or recovered from
another person in relation to the same offence.
(12) An infringement notice that is withdrawn in accordance with the
Regulations is not a penalty imposed on a person for
subsection (11).
(13) In this section:
appropriate place means:
(a) a place specified in an infringement notice for paying a penalty
or lodging a statutory declaration; or
(b) a place specified in a courtesy letter under Part 2, Division 3 of
the Fines and Penalties (Recovery) Act 2001 for the paying of
a penalty; or
(c) a place specified in a summons for appearance.
new owner, see section 5(1) of the Motor Vehicles Act 1949.
notice of disposal means a notice of disposal mentioned in
section 20 of the Motor Vehicles Act 1949.
Traffic Act 1987 96
owner, of a motor vehicle, means the person who is:
(a) the registered owner of the vehicle under the Motor Vehicles
Act 1949 or a corresponding law of another jurisdiction; or
(b) if the vehicle registration has expired – the last registered
owner under the Motor Vehicles Act 1949 or a corresponding
law of another jurisdiction; or
(c) if the vehicle has trader's plates as defined in section 34 of the
Motor Vehicles Act 1949 attached to it – the person licensed
under that Act to use the plates.
penalty includes an amount payable under an infringement notice.