Road Traffic (Administration) Act 2008

In this section —

A responsible person for a vehicle commits an offence if —

an offence under any written law is alleged to have occurred an element of which is driving or being in charge of the vehicle; and

a police officer requests the responsible person to give information which may lead to the identification of the driver or person in charge of the vehicle at the time of the alleged offence; and

the responsible person has, or could reasonably have ascertained, the information; and

the responsible person fails to give the information.

for an individual —

for a first offence, a fine of 24 PU;

for a subsequent offence, a fine of 48 PU;

for a body corporate, a fine of 100 PU.

A responsible person for a vehicle commits an offence if —

an offence under any written law is alleged to have occurred an element of which is driving or being in charge of the vehicle; and

a police officer requests the responsible person to give information which may lead to the identification of the driver or person in charge of the vehicle at the time of the alleged offence; and

the responsible person gives false information in response to the request.

for an individual —

for a first offence, a fine of 24 PU;

for a subsequent offence, a fine of 48 PU;

for a body corporate, a fine of 100 PU.

Subsection (2) does not apply if the responsible person for the vehicle supplies to the police officer who has made the request for information a statutory declaration —

that the responsible person was not the driver or person in charge of the vehicle at the relevant time; and

that the responsible person is concerned about providing information in response to the request because of a risk or apprehended risk of being subjected to family violence if the responsible person took steps to find or provide that information.

A statutory declaration under subsection (3A) must be accompanied by a family violence evidentiary document that relates to the responsible person.

Subsection (3A) does not apply if the request for information was made under the Road Traffic Act 1974 section 57.

The provision of information under subsection (3A) does not give rise to a requirement for a police officer to carry out an investigation under the Restraining Orders Act 1997 section 62A (but this subsection does not prevent such an investigation occurring if the police officer thinks fit).

Subsection (2) does not apply if the request for information was made in a notice requesting information.

If a person is charged with an offence under subsection (2) the person may be convicted of an offence under section 35.