Responsible person for vehicle taken to have committed designated offences
184 Responsible person for vehicle taken to have committed designated offences
Liability of responsible person for offence generally If a designated offence occurs in relation to any registrable vehicle, the person who at the time of the occurrence of the offence is the responsible person for the vehicle is taken to be guilty of an offence against the provision concerned in all respects as if the responsible person were the actual offender guilty of the designated offence unless—
in any case where the offence is dealt with under Division 3—the person satisfies the authorised officer under section 195 that—
the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used, or
the actual offender would have a defence to any prosecution for the designated offence brought against the offender, or
in any other case—the person proves to the satisfaction of the court hearing the proceedings for the offence that—
the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used, or
the actual offender would have a defence to any prosecution for the designated offence brought against the offender.
Maximum penalty payable by corporation taken to be guilty of certain camera recorded offences If a corporation is taken to be guilty of a camera recorded offence (other than an unauthorised vehicle use offence) by the operation of subsection (1), the maximum monetary penalty that a court may impose on the corporation for the offence is taken to be 5 times the maximum monetary penalty for the offence for which the actual offender (as a natural person) would be liable.
This Act’s bill:Explanatory memorandumSecond reading speech
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