sec.113Definitions for div 2

### sec.113 Definitions for div 2 In this division— address means— for an individual— the individual’s usual place of residence; or a postal address for the individual; or if a matter relates to a business owned or controlled by the individual—the address of the business; or for a corporation— the head office, a registered office or a principal office of the corporation; or a postal address for the corporation. s 113 def address ins 2019 No. 25 s 102 camera-detected offence means a prescribed offence in respect of which— the infringement notice under the State Penalties Enforcement Act 1999 ; or the complaint or summons; indicates that the offence was detected by a photographic detection device, or a photographic detection device that is linked to an information technology system described in section 113A (2) . s 113 def camera-detected offence sub 1996 No. 62 s 4 (1) amd 1999 No. 70 s 166 sch 1 ; 2014 No. 43 s 93 (3) corresponding transport law , to a transport Act or a provision of a transport Act, means a law of the Commonwealth or another State that provides for the same matter as— for a transport Act—the Act or a provision of the Act ; or for a provision of a transport Act—the provision. s 113 def corresponding transport law ins 1996 No. 62 s 4 (2) owner ... s 113 def owner ins 1996 No. 62 s 4 (2) om 2001 No. 79 s 102 (1) person in charge of a vehicle, in relation to an alleged offence, means— if there was a responsible operator for the vehicle at the time the offence allegedly happened— the responsible operator; or if the responsible operator gives a notice under section 114 (3) (b) —the person named, in any notice under the section, as the person in charge of the vehicle at the time; or if there was no responsible operator for the vehicle, and the vehicle was registered under a transport Act or a corresponding transport law, at the time the offence allegedly happened— the registered operator of the vehicle at the time; or if the registered operator gives a notice under section 114 (3) (b) —the person named, in any notice under the section, as the person in charge of the vehicle at the time; or if there was no responsible operator for the vehicle, and the vehicle was not registered under a transport Act or a corresponding transport law, at the time the offence allegedly happened— the person who, immediately before the registration expired, was the registered operator; or if the person who was the registered operator gives a notice under section 114 (3) (b) —the person named, in any notice under the section, as the person in charge of the vehicle at the time; or if the person who was the registered operator gives a notice under section 114 (3A) (b) —the person named, in any notice under the section, as the person who stole or took the vehicle; or if the person who was the registered operator gives a notice under section 114 (3A) (c) —the person named, in any notice under the section, as the person to whom the vehicle was sold or disposed of. s 113 def person in charge ins 2001 No. 79 s 102 (2) amd 2014 No. 43 s 93 (4) photographic detection device see section 113A (1) . s 113 def photographic detection device amd 2001 No. 79 s 102 (3) sub 2010 No. 13 s 35 sub 2014 No. 43 s 93 (1) – (2) prescribed offence means an offence prescribed by regulation for this part that is an offence against this Act or another transport Act. s 113 def prescribed offence sub 1996 No. 62 s 4 (1) responsible operator means a person nominated as responsible operator under section 170 or a person corresponding to a responsible operator under a corresponding transport law. s 113 def responsible operator ins 1996 No. 62 s 4 (2) amd 2001 No. 79 s 102 (4) transport Act means an Act administered by the Minister or the Motor Accident Insurance Act 1994 . s 113 def transport Act ins 1996 No. 62 s 4 (2) sub 1997 No. 9 s 82 unregistered or uninsured offence ... s 113 def unregistered or uninsured offence ins 2014 No. 43 s 93 (2) om 2024 No. 2 s 60 s 113 (prev 1949 13 Geo 6 No. 26 s 44P) ins 1990 No. 19 s 5 amd 1994 No. 7 s 23 ; 1999 No. 42 s 54 (1) sch amdt s 113 , 114 reloc 1999 No. 42 s 54 (1) sch amdt 120 - (a) for an individual— (i) the individual’s usual place of residence; or (ii) a postal address for the individual; or (iii) if a matter relates to a business owned or controlled by the individual—the address of the business; or - (i) the individual’s usual place of residence; or - (ii) a postal address for the individual; or - (iii) if a matter relates to a business owned or controlled by the individual—the address of the business; or - (b) for a corporation— (i) the head office, a registered office or a principal office of the corporation; or (ii) a postal address for the corporation. - (i) the head office, a registered office or a principal office of the corporation; or - (ii) a postal address for the corporation. - (i) the individual’s usual place of residence; or - (ii) a postal address for the individual; or - (iii) if a matter relates to a business owned or controlled by the individual—the address of the business; or - (i) the head office, a registered office or a principal office of the corporation; or - (ii) a postal address for the corporation. - (a) the infringement notice under the State Penalties Enforcement Act 1999 ; or - (b) the complaint or summons; - (a) for a transport Act—the Act or a provision of the Act ; or - (b) for a provision of a transport Act—the provision. - (a) if there was a responsible operator for the vehicle at the time the offence allegedly happened— (i) the responsible operator; or (ii) if the responsible operator gives a notice under section 114 (3) (b) —the person named, in any notice under the section, as the person in charge of the vehicle at the time; or - (i) the responsible operator; or - (ii) if the responsible operator gives a notice under section 114 (3) (b) —the person named, in any notice under the section, as the person in charge of the vehicle at the time; or - (b) if there was no responsible operator for the vehicle, and the vehicle was registered under a transport Act or a corresponding transport law, at the time the offence allegedly happened— (i) the registered operator of the vehicle at the time; or (ii) if the registered operator gives a notice under section 114 (3) (b) —the person named, in any notice under the section, as the person in charge of the vehicle at the time; or - (i) the registered operator of the vehicle at the time; or - (ii) if the registered operator gives a notice under section 114 (3) (b) —the person named, in any notice under the section, as the person in charge of the vehicle at the time; or - (c) if there was no responsible operator for the vehicle, and the vehicle was not registered under a transport Act or a corresponding transport law, at the time the offence allegedly happened— (i) the person who, immediately before the registration expired, was the registered operator; or (ii) if the person who was the registered operator gives a notice under section 114 (3) (b) —the person named, in any notice under the section, as the person in charge of the vehicle at the time; or (iii) if the person who was the registered operator gives a notice under section 114 (3A) (b) —the person named, in any notice under the section, as the person who stole or took the vehicle; or (iv) if the person who was the registered operator gives a notice under section 114 (3A) (c) —the person named, in any notice under the section, as the person to whom the vehicle was sold or disposed of. - (i) the person who, immediately before the registration expired, was the registered operator; or - (ii) if the person who was the registered operator gives a notice under section 114 (3) (b) —the person named, in any notice under the section, as the person in charge of the vehicle at the time; or - (iii) if the person who was the registered operator gives a notice under section 114 (3A) (b) —the person named, in any notice under the section, as the person who stole or took the vehicle; or - (iv) if the person who was the registered operator gives a notice under section 114 (3A) (c) —the person named, in any notice under the section, as the person to whom the vehicle was sold or disposed of. - (i) the responsible operator; or - (ii) if the responsible operator gives a notice under section 114 (3) (b) —the person named, in any notice under the section, as the person in charge of the vehicle at the time; or - (i) the registered operator of the vehicle at the time; or - (ii) if the registered operator gives a notice under section 114 (3) (b) —the person named, in any notice under the section, as the person in charge of the vehicle at the time; or - (i) the person who, immediately before the registration expired, was the registered operator; or - (ii) if the person who was the registered operator gives a notice under section 114 (3) (b) —the person named, in any notice under the section, as the person in charge of the vehicle at the time; or - (iii) if the person who was the registered operator gives a notice under section 114 (3A) (b) —the person named, in any notice under the section, as the person who stole or took the vehicle; or - (iv) if the person who was the registered operator gives a notice under section 114 (3A) (c) —the person named, in any notice under the section, as the person to whom the vehicle was sold or disposed of.