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 sold vehicle declaration for the vehicle.

This section and section 17 apply as if the person named in the declaration as the person to whom the vehicle was sold or otherwise disposed of (the buyer) were the owner of the vehicle from the time of the sale or disposal.

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

In a proceeding for the offence against the buyer, the declaration is evidence that the buyer was the owner 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 had sold or disposed of the vehicle before the relevant time and was not in charge of the vehicle at that time.