Liability for infringement notice offences involving vehicles
17 Liability for infringement notice offences involving vehicles
If—
an infringement notice offence involving a vehicle happens; and
an infringement notice for the offence is served on the person who is the owner of the vehicle at the time of the offence;
the owner is taken to have committed the offence 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 owner and the actual offender can not both be punished for the offence; and
if a fine is paid or a penalty is imposed on one of them for the offence, a further penalty must not be imposed on or recovered from the other person for the offence.
However, the owner must not be taken under subsection (1) to have committed the offence if, within 28 days after the date of an infringement notice or service of a summons for the offence, the owner makes and gives to the administering authority an illegal user declaration, a known or unknown user declaration or a sold vehicle declaration for the vehicle for the offence.
The declaration must be made by—
if the owner is an individual—the owner; or
if the owner is a corporation—an executive officer of the corporation or the responsible operator.
This Act’s bill:Explanatory memorandum
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