Road Safety Act 1986

a person authorised in writing under section 69B of the Melbourne City Link Act 1995 to carry out functions under Part 4 of that Act; or

a person authorised in writing under section 197AA of the EastLink Project Act 2004 to carry out functions under Part 9 of that Act; or

a person authorised in writing under section 20 of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 to carry out functions under Part 3 of that Act; or

a person authorised in writing under section 57 of the North East Link Act 2020 to carry out functions under Part 4 of that Act;

a law of the Commonwealth or of another State or of a Territory that corresponds to Division 2 of Part 2; or

the Heavy Vehicle National Law (Victoria) or a law of another State or of a Territory that corresponds to that law;

the informant in any proceeding commenced against the operator of a motor vehicle or trailer; or

the issuing officer (within the meaning of the Infringements Act 2006) in relation to an infringement notice served on the operator of a motor vehicle or trailer; or

the enforcement agency (within the meaning of the Infringements Act 2006) in relation to a penalty reminder notice served on the operator of a motor vehicle or trailer under Part 2 of that Act—

to the effect that the person was not at the time of the offence driving, or had not at that time possession or control of, the motor vehicle or trailer or the motor vehicle to which the trailer was attached; and

containing sufficient information to identify and locate the person who the person making the statement last knew to have, before the offence, possession or control of the motor vehicle or trailer or of the motor vehicle to which the trailer was attached;

if nominated in a known user statement, that the person had not had possession or control of the motor vehicle or trailer, as the case requires, before the offence, as stated in the known user statement, and did not have possession or control of it at the time of the offence; and

if nominated in a sold vehicle statement, that the motor vehicle or trailer, as the case requires, had not been sold or disposed of to the person, and that no interest in it had otherwise vested in the person, as stated in the sold vehicle statement; and

if nominated in a tolling nomination statement, that the person was not the responsible person in relation to the motor vehicle at the time of the tolling offence as stated in the tolling nomination statement;

an illegal user statement, a known user statement, a sold vehicle statement, an unknown user statement, a tolling nomination statement or a nomination rejection statement; or

an illegal user statement, a known user statement, a sold vessel statement, an unknown user statement or a nomination rejection statement within the meaning of Part 4.7 of the Marine Safety Act 2010;

the registered operator of the motor vehicle or trailer at that time or the person recorded at that time on a register of vehicles maintained under a corresponding law as the person responsible for the motor vehicle or trailer;

if the Secretary under the regulations, or a corresponding body under a corresponding law, has received notice of transfer of registration of the motor vehicle or trailer, the person whose name is disclosed in the records kept by the Secretary or the corresponding body (as the case requires) as being responsible for the motor vehicle or trailer at that time;

if the motor vehicle or trailer is not registered under this Act or a corresponding law, the person whose name is disclosed in the records kept by the Secretary or the corresponding body as being responsible for the motor vehicle or trailer at that time;

if the motor vehicle or trailer displays a number plate—

the person who, at the time at which the registration number borne by that number plate was last assigned by the Secretary or a corresponding body, was the registered operator of, or (if assigned by a corresponding body) the person recorded on a register of vehicles maintained under the corresponding law as the person responsible for, the motor vehicle or trailer to which that registration number was assigned, whether or not that motor vehicle or trailer is the same as the motor vehicle or trailer involved in the offence; or

the person whose name is disclosed in the records kept by the Secretary or a corresponding body as being entitled, or last entitled, at that time to use or possess that number plate;

if the motor vehicle or trailer displays a general identification mark by means of a special identification plate issued by the Secretary under the regulations or by a corresponding body under a corresponding law, the person to whom the mark is assigned at that time;

the operator of the motor vehicle or trailer;

in the case of a trailer, the operator of the motor vehicle to which the trailer was attached at that time;

the person nominated in an effective known user statement or an effective sold vehicle statement;

in the case of a tolling offence, without limiting paragraphs (a), (b) and (c), the person nominated in an effective tolling nomination statement;

to the effect that—

the person had sold or otherwise disposed of the motor vehicle or trailer before the time of the offence or that any interest in the motor vehicle or trailer had otherwise ceased to be vested in the person before that time; and

the person was not at that time driving, or had not at that time possession or control of, the motor vehicle or trailer or the motor vehicle to which the trailer was attached; and

containing sufficient information to identify and locate the person to whom the motor vehicle or trailer was sold or disposed of, or in whom an interest in the motor vehicle or trailer was otherwise vested, and the date and, if relevant, the time of the sale, disposal or vesting;

section 73(1) of the Melbourne City Link Act 1995;

section 204(1) of the EastLink Project Act 2004;

section 32(1) of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019;

section 69(1) of the North East Link Act 2020;

was not at the time of the offence driving, or had not at that time possession or control of, the motor vehicle or trailer or the motor vehicle to which the trailer was attached; and

does not know and could not with reasonable diligence ascertain the identity of the person who was at that time driving or, had at that time possession or control of, the motor vehicle or trailer or the motor vehicle to which the trailer was attached.