State Penalties Enforcement Act 1999

This section applies 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 relevant time; and

the person makes and gives to the administering authority a known user declaration for the vehicle.

This section and section 17 apply as if the person named in the declaration as the person in charge of the vehicle at the relevant time (the user) were the owner of the vehicle at that time.

A proceeding for the offence may be started against the user only if a copy of the declaration has been served on the user.

In a proceeding for the offence against the user, the declaration is evidence that the user was in charge of the vehicle at the relevant time.

In a proceeding for the offence against the owner mentioned in subsection (1)(b), a court must not find the owner guilty of the offence if it is satisfied, whether on the statements contained in the declaration or otherwise, the owner was not in charge of the vehicle at the relevant time.