sec.114Offences detected by photographic detection device

### sec.114 Offences detected by photographic detection device If a prescribed offence happens and the offence is detected by a photographic detection device, a person is taken to have committed the offence if the person was the person in charge of the vehicle that was involved in the offence at the time the offence happened even though the actual offender may have been someone else. If the actual offender is someone else, subsection (1) does not affect the liability of the actual offender but the person in charge and the actual offender can not both be punished for the offence. It is a defence to a camera-detected offence, other than an unregistered or uninsured offence, for a person to prove that— the person was not the driver of the vehicle at the time the offence happened; and the person— has notified the commissioner, the chief executive or the SPEA administering authority of the name and address of the person in charge of the vehicle at the time the offence happened; or has notified the commissioner, the chief executive or the SPEA administering authority that the person did not know and could not, with reasonable diligence, have ascertained the name and address of the person in charge of the vehicle at the time the offence happened. It is a defence to an unregistered or uninsured offence for a person to prove that— when the offence happened, the vehicle— was stolen or illegally taken; or had been sold or otherwise disposed of; and if the vehicle was stolen or illegally taken—the person has notified the chief executive or the SPEA administering authority of that fact and either— the name and address of the person who stole or took the vehicle; or that the person did not know and could not, with reasonable diligence, have ascertained the name and address of the person who stole or took the vehicle; and if the vehicle had been sold or otherwise disposed of—the person has notified the chief executive or the SPEA administering authority of that fact and of the following information— the name and address of the person to whom the vehicle was sold or disposed of; the date and, if relevant, time of the sale or disposal. A defence under subsection (3) or (3A) is available only if the person notifies the commissioner, the chief executive or the SPEA administering authority about the matters in subsections (3) and (6) , or subsection (3A) , within the required time— in a statutory declaration; or in an online declaration. The required time is 28 days after whichever of the following is first given to the person— a written notice from the commissioner or chief executive alleging a camera-detected offence; an infringement notice under the State Penalties Enforcement Act 1999 . For subsection (3) (b) (ii) a person must prove that— at the time the offence happened, the person— exercised reasonable control over the vehicle’s use; and had in place a reasonable way of finding out the name and address of the person in charge of the vehicle at any given time having regard to— the number of drivers; and the amount and frequency of use; and whether the vehicle was driven for business or private use; and after the offence happened, the person made proper search and enquiry to ascertain the name and address of the person in charge of the vehicle at the time the offence happened. Subsection (6) does not apply if the person is able to prove that at the time the offence happened the vehicle— was stolen or illegally taken; or had already been sold or otherwise disposed of. Nothing in this section stops a person notifying the commissioner, the chief executive or the SPEA administering authority that the person was the driver of the vehicle involved in a camera-detected offence— in a statutory declaration; or in an online declaration. A notification purporting to have been given for a body corporate by a director, manager or secretary of the body corporate is to be taken to have been given by the body corporate. In this section— online declaration means a declaration made using the online declaration system. online declaration system means an electronic system established by the chief executive for giving notifications under this section that is designed to— be accessed by an individual through the individual’s customer account on the department’s website; and send a notification of matters entered into the system by the individual to the commissioner, the chief executive or the SPEA administering authority; and allow a record of the sent notification to be downloaded or printed by the individual. photographic detection device includes a photographic detection device that is linked to an information technology system described in section 113A (2) . unregistered or uninsured offence means a camera-detected offence that involves a person driving or otherwise using, or permitting someone else to drive or otherwise use, a vehicle that— is not registered as required by a regulation under this Act; or is not insured as required by the Motor Accident Insurance Act 1994 . s 114 (prev 1949 13 Geo 6 No. 26 s 44Q) ins 1990 No. 19 s 5 amd 1990 No. 73 s 3 sch 5 ; 1994 No. 7 s 25 sub 1996 No. 62 s 5 reloc 1999 No. 42 s 54 (1) sch amdt 120 amd 1999 No. 70 s 166 sch 1 ; 2001 No. 79 s 103 ; 2002 No. 71 s 23 ; 2014 No. 43 s 95 ; 2019 No. 25 s 103 ; 2022 No. 10 s 60 ; 2024 No. 2 s 61 (sec.114-ssec.1) If a prescribed offence happens and the offence is detected by a photographic detection device, a person is taken to have committed the offence if the person was the person in charge of the vehicle that was involved in the offence at the time the offence happened even though the actual offender may have been someone else. (sec.114-ssec.2) If the actual offender is someone else, subsection (1) does not affect the liability of the actual offender but the person in charge and the actual offender can not both be punished for the offence. (sec.114-ssec.3) It is a defence to a camera-detected offence, other than an unregistered or uninsured offence, for a person to prove that— the person was not the driver of the vehicle at the time the offence happened; and the person— has notified the commissioner, the chief executive or the SPEA administering authority of the name and address of the person in charge of the vehicle at the time the offence happened; or has notified the commissioner, the chief executive or the SPEA administering authority that the person did not know and could not, with reasonable diligence, have ascertained the name and address of the person in charge of the vehicle at the time the offence happened. (sec.114-ssec.3A) It is a defence to an unregistered or uninsured offence for a person to prove that— when the offence happened, the vehicle— was stolen or illegally taken; or had been sold or otherwise disposed of; and if the vehicle was stolen or illegally taken—the person has notified the chief executive or the SPEA administering authority of that fact and either— the name and address of the person who stole or took the vehicle; or that the person did not know and could not, with reasonable diligence, have ascertained the name and address of the person who stole or took the vehicle; and if the vehicle had been sold or otherwise disposed of—the person has notified the chief executive or the SPEA administering authority of that fact and of the following information— the name and address of the person to whom the vehicle was sold or disposed of; the date and, if relevant, time of the sale or disposal. (sec.114-ssec.4) A defence under subsection (3) or (3A) is available only if the person notifies the commissioner, the chief executive or the SPEA administering authority about the matters in subsections (3) and (6) , or subsection (3A) , within the required time— in a statutory declaration; or in an online declaration. (sec.114-ssec.5) The required time is 28 days after whichever of the following is first given to the person— a written notice from the commissioner or chief executive alleging a camera-detected offence; an infringement notice under the State Penalties Enforcement Act 1999 . (sec.114-ssec.6) For subsection (3) (b) (ii) a person must prove that— at the time the offence happened, the person— exercised reasonable control over the vehicle’s use; and had in place a reasonable way of finding out the name and address of the person in charge of the vehicle at any given time having regard to— the number of drivers; and the amount and frequency of use; and whether the vehicle was driven for business or private use; and after the offence happened, the person made proper search and enquiry to ascertain the name and address of the person in charge of the vehicle at the time the offence happened. (sec.114-ssec.7) Subsection (6) does not apply if the person is able to prove that at the time the offence happened the vehicle— was stolen or illegally taken; or had already been sold or otherwise disposed of. (sec.114-ssec.8) Nothing in this section stops a person notifying the commissioner, the chief executive or the SPEA administering authority that the person was the driver of the vehicle involved in a camera-detected offence— in a statutory declaration; or in an online declaration. (sec.114-ssec.9) A notification purporting to have been given for a body corporate by a director, manager or secretary of the body corporate is to be taken to have been given by the body corporate. (sec.114-ssec.10) In this section— online declaration means a declaration made using the online declaration system. online declaration system means an electronic system established by the chief executive for giving notifications under this section that is designed to— be accessed by an individual through the individual’s customer account on the department’s website; and send a notification of matters entered into the system by the individual to the commissioner, the chief executive or the SPEA administering authority; and allow a record of the sent notification to be downloaded or printed by the individual. photographic detection device includes a photographic detection device that is linked to an information technology system described in section 113A (2) . unregistered or uninsured offence means a camera-detected offence that involves a person driving or otherwise using, or permitting someone else to drive or otherwise use, a vehicle that— is not registered as required by a regulation under this Act; or is not insured as required by the Motor Accident Insurance Act 1994 . - (a) the person was not the driver of the vehicle at the time the offence happened; and - (b) the person— (i) has notified the commissioner, the chief executive or the SPEA administering authority of the name and address of the person in charge of the vehicle at the time the offence happened; or (ii) has notified the commissioner, the chief executive or the SPEA administering authority that the person did not know and could not, with reasonable diligence, have ascertained the name and address of the person in charge of the vehicle at the time the offence happened. - (i) has notified the commissioner, the chief executive or the SPEA administering authority of the name and address of the person in charge of the vehicle at the time the offence happened; or - (ii) has notified the commissioner, the chief executive or the SPEA administering authority that the person did not know and could not, with reasonable diligence, have ascertained the name and address of the person in charge of the vehicle at the time the offence happened. - (i) has notified the commissioner, the chief executive or the SPEA administering authority of the name and address of the person in charge of the vehicle at the time the offence happened; or - (ii) has notified the commissioner, the chief executive or the SPEA administering authority that the person did not know and could not, with reasonable diligence, have ascertained the name and address of the person in charge of the vehicle at the time the offence happened. - (a) when the offence happened, the vehicle— (i) was stolen or illegally taken; or (ii) had been sold or otherwise disposed of; and - (i) was stolen or illegally taken; or - (ii) had been sold or otherwise disposed of; and - (b) if the vehicle was stolen or illegally taken—the person has notified the chief executive or the SPEA administering authority of that fact and either— (i) the name and address of the person who stole or took the vehicle; or (ii) that the person did not know and could not, with reasonable diligence, have ascertained the name and address of the person who stole or took the vehicle; and - (i) the name and address of the person who stole or took the vehicle; or - (ii) that the person did not know and could not, with reasonable diligence, have ascertained the name and address of the person who stole or took the vehicle; and - (c) if the vehicle had been sold or otherwise disposed of—the person has notified the chief executive or the SPEA administering authority of that fact and of the following information— (i) the name and address of the person to whom the vehicle was sold or disposed of; (ii) the date and, if relevant, time of the sale or disposal. - (i) the name and address of the person to whom the vehicle was sold or disposed of; - (ii) the date and, if relevant, time of the sale or disposal. - (i) was stolen or illegally taken; or - (ii) had been sold or otherwise disposed of; and - (i) the name and address of the person who stole or took the vehicle; or - (ii) that the person did not know and could not, with reasonable diligence, have ascertained the name and address of the person who stole or took the vehicle; and - (i) the name and address of the person to whom the vehicle was sold or disposed of; - (ii) the date and, if relevant, time of the sale or disposal. - (a) in a statutory declaration; or - (b) in an online declaration. - (a) a written notice from the commissioner or chief executive alleging a camera-detected offence; - (b) an infringement notice under the State Penalties Enforcement Act 1999 . - (a) at the time the offence happened, the person— (i) exercised reasonable control over the vehicle’s use; and (ii) had in place a reasonable way of finding out the name and address of the person in charge of the vehicle at any given time having regard to— (A) the number of drivers; and (B) the amount and frequency of use; and (C) whether the vehicle was driven for business or private use; and - (i) exercised reasonable control over the vehicle’s use; and - (ii) had in place a reasonable way of finding out the name and address of the person in charge of the vehicle at any given time having regard to— (A) the number of drivers; and (B) the amount and frequency of use; and (C) whether the vehicle was driven for business or private use; and - (A) the number of drivers; and - (B) the amount and frequency of use; and - (C) whether the vehicle was driven for business or private use; and - (b) after the offence happened, the person made proper search and enquiry to ascertain the name and address of the person in charge of the vehicle at the time the offence happened. - (i) exercised reasonable control over the vehicle’s use; and - (ii) had in place a reasonable way of finding out the name and address of the person in charge of the vehicle at any given time having regard to— (A) the number of drivers; and (B) the amount and frequency of use; and (C) whether the vehicle was driven for business or private use; and - (A) the number of drivers; and - (B) the amount and frequency of use; and - (C) whether the vehicle was driven for business or private use; and - (A) the number of drivers; and - (B) the amount and frequency of use; and - (C) whether the vehicle was driven for business or private use; and - (a) was stolen or illegally taken; or - (b) had already been sold or otherwise disposed of. - (a) in a statutory declaration; or - (b) in an online declaration. - (a) be accessed by an individual through the individual’s customer account on the department’s website; and - (b) send a notification of matters entered into the system by the individual to the commissioner, the chief executive or the SPEA administering authority; and - (c) allow a record of the sent notification to be downloaded or printed by the individual. - (a) is not registered as required by a regulation under this Act; or - (b) is not insured as required by the Motor Accident Insurance Act 1994 .