Duty of owner of motor vehicle to give information about driver
60 Duty of owner of motor vehicle to give information about driver
S. 60(1) amended by Nos 78/1987 s. 13, 81/2006 s. 21(1), 37/2014 s. 10(Sch. item 147.17(a)).
An owner of a motor vehicle, or a relevant nominated person in relation to a motor vehicle, is guilty of an offence if, when required to do so by a police officer who is acting in the execution of duty, the person fails to give any information which it is within the power of the person to give and which may lead to the identification of any person who was the driver of the motor vehicle on any occasion or had possession or control of the motor vehicle on any occasion or fails to make all reasonable enquiries in order to obtain that information.
S. 60(1A) inserted by No. 81/2006 s. 21(2).
For the purposes of subsection (1) a relevant nominated person means a person nominated in an effective known user statement (within the meaning of Part 6AA) or sold vehicle statement (within the meaning of that Part) as being the responsible person (within the meaning of that Part) in relation to a motor vehicle at the time when the motor vehicle was involved in an offence that is an operator onus offence for the purposes of that Part.
S. 60(1B) inserted by No. 81/2006 s. 21(3), amended by No. 37/2014 s. 10(Sch. item 147.17(b)).
A police officer who is acting in the execution of duty may require any person whom the police officer believes on reasonable grounds to have had possession or control of a motor vehicle on a particular occasion to give any information which it is within the power of the person to give and which may lead to the identification of any person who was the driver of the motor vehicle on that occasion or had possession or control of the motor vehicle on that occasion.
S. 60(1C) inserted by No. 81/2006 s. 21(3).
A person who, without reasonable excuse, refuses or fails to comply with a requirement made under subsection (1B) is guilty of an offence.
S. 60(2) amended by Nos 19/1991 s. 13(1)(a)(b), 5/2016 ss 29, 36(Sch. 1 item 31), 30/2021 s. 56.
A person guilty of an offence under this section is liable—
S. 60(2)(a) amended by No. 37/2014 s. 10(Sch. item 147.17(c)).
if the requirement is made by a police officer who is investigating an accident involving a motor vehicle that resulted in a person being killed or suffering serious injury—to a penalty of not more than 20 penalty units or to imprisonment for a term of not more than 4 months or to both;
S. 60(2)(b) amended by No. 28/2009 s. 14.
in any other case—to a penalty of not more than 20 penalty units or to imprisonment for a term of not more than 2 months or to both—
and on conviction, or a finding of guilt, the court may cancel all driver licences and learner permits held by that person and, whether or not that person holds a driver licence or learner permit, disqualify that person from obtaining a driver licence or learner permit for the period of time that the court specifies.
S. 60(3) substituted by No. 92/2001 s. 18(1).
For the purposes of this section owner means—
the owner or the person in whose name the motor vehicle was registered at the time when the vehicle was being driven by the person about whom the information is sought or at the time when the requirement is made; or
any person who had possession or control of the vehicle at either of those times; or
if the motor vehicle displayed a number plate at either of those times—
S. 60(3)(c)(i) amended by No. 49/2019 s. 116(Sch. 1 item 155).
the person who, at the time at which the registration number borne by that number plate was last assigned by the Secretary or the corresponding body under a corresponding Act, was the person in whose name the motor vehicle, to which that registration number was assigned, was registered under this Act or a corresponding Act of the Commonwealth or of another State or Territory of the Commonwealth, whether or not that motor vehicle is the same as the motor vehicle about which information is sought; or
S. 60(3)(c)(ii) amended by No. 49/2019 s. 116(Sch. 1 item 155).
the person whose name is disclosed in the records kept by the Secretary or the corresponding body under a corresponding Act as being entitled, or last entitled, to use or possess that number plate at the time when the vehicle was being driven by the person about whom the information is sought or at the time when the requirement is made.
S. 60(4) inserted by No. 81/2006 s. 21(4).
A requirement under this section may be made orally or in writing.
S. 60(5) inserted by No. 81/2006 s. 21(4).
A written requirement may be sent by post addressed to the person to whom it is made at the person's home address or at an authorised address (within the meaning of section 163A of the Infringements Act 2006).
S. 60(6) inserted by No. 81/2006 s. 21(4), amended by No. 68/2017 s. 64.
A written requirement sent by post to a person at an authorised address (within the meaning of section 163A of the Infringements Act 2006) and returned undelivered to its sender is deemed to be served 7 days after the date specified in the requirement as the date of the requirement, despite it being returned to its sender as undelivered.
S. 60(7) inserted by No. 81/2006 s. 21(4).
Subsection (6) has effect despite anything to the contrary in section 49(1) of the Interpretation of Legislation Act 1984.
S. 60A inserted by No. 53/1989 s. 13.
This Act’s bill:Second reading speech
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