Div 3of the Fines and Penalties (Recovery) Act 2001 or a

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.