Water NSW Act 2014
74Requirement for owner of motor vehicle and others to give information
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74 Requirement for owner of motor vehicle and others to give information
74 Requirement for owner of motor vehicle and others to give information
(1) If the Regulatory Authority or an authorised officer suspects on reasonable grounds that the driver of a motor vehicle has committed an offence against this Act or the regulations, the Regulatory Authority or the authorised officer may—
(a) require the owner of the vehicle, or the person in whose name it is registered, or the person having the custody of the vehicle, to give information (which must, if so required, be given in the form of a statement in writing, signed by that owner or person) as to the name and residential address of the driver, or
(b) require any other person to give any information which is in that other person’s power to give and which may lead to the identification of the driver.
(2) A person must not—
(a) fail or refuse to comply with a requirement under subsection (1), or
(b) in purported compliance with such a requirement, give any information that is false or misleading in a material particular.
Maximum penalty—100 penalty units.
(3) In a prosecution for an offence in respect of a failure or refusal to comply with a requirement under subsection (1) (a), it is a defence if the defendant proves to the satisfaction of the court that the defendant did not know and could not with reasonable diligence have ascertained the name or residential address of the driver concerned, or both, as the case may require.
(4) If a statement in writing purporting to be provided under subsection (1) (a) and to contain particulars of the name and residential address of the driver of a motor vehicle at the time of commission of an alleged offence against this Act or the regulations is produced in any court in proceedings against the person named in the statement as the driver for the offence, the statement is, if that person does not appear before the court, evidence without proof of signature that the person was the driver of the vehicle at that time.