sec.115Effect of passenger declaration

### sec.115 Effect of passenger declaration This section applies if— a vehicle littering or illegal dumping offence happens; and an infringement notice for the offence is served on a prescribed person for the offence; and the prescribed person makes and gives to the administering authority for the infringement notice a passenger declaration for the offence. The State Penalties Enforcement Act 1999 , section 17 applies as if the person named in the declaration as the person who deposited the waste (the passenger ) were the owner of the vehicle at the relevant time and date. A proceeding for the offence may be started against the passenger only if a copy of the declaration has been served on the passenger. In a proceeding for the offence against the passenger, the declaration is evidence that the passenger deposited the waste at the relevant time and date. In a proceeding for the offence against the prescribed person, a court must not find the prescribed person guilty of the offence if it is satisfied, whether on the statements contained in the declaration or otherwise, the prescribed person did not deposit the waste at the relevant time and date. In this section— administering authority , for the infringement notice, means the administering authority for the notice under the State Penalties Enforcement Act 1999 . relevant time and date means the time and date stated in the infringement notice as the time and date of the vehicle littering or illegal dumping offence. (sec.115-ssec.1) This section applies if— a vehicle littering or illegal dumping offence happens; and an infringement notice for the offence is served on a prescribed person for the offence; and the prescribed person makes and gives to the administering authority for the infringement notice a passenger declaration for the offence. (sec.115-ssec.2) The State Penalties Enforcement Act 1999 , section 17 applies as if the person named in the declaration as the person who deposited the waste (the passenger ) were the owner of the vehicle at the relevant time and date. (sec.115-ssec.3) A proceeding for the offence may be started against the passenger only if a copy of the declaration has been served on the passenger. (sec.115-ssec.4) In a proceeding for the offence against the passenger, the declaration is evidence that the passenger deposited the waste at the relevant time and date. (sec.115-ssec.5) In a proceeding for the offence against the prescribed person, a court must not find the prescribed person guilty of the offence if it is satisfied, whether on the statements contained in the declaration or otherwise, the prescribed person did not deposit the waste at the relevant time and date. (sec.115-ssec.6) In this section— administering authority , for the infringement notice, means the administering authority for the notice under the State Penalties Enforcement Act 1999 . relevant time and date means the time and date stated in the infringement notice as the time and date of the vehicle littering or illegal dumping offence. - (a) a vehicle littering or illegal dumping offence happens; and - (b) an infringement notice for the offence is served on a prescribed person for the offence; and - (c) the prescribed person makes and gives to the administering authority for the infringement notice a passenger declaration for the offence.