Road Traffic (Administration) Act 2008

A responsible person on which a notice requesting information is served commits an offence if, at the end of the period for complying set out in the notice, none of subsections (2), (3), (4), (5), (6) and (7) applies.

if more than 1 penalty is provided under a road law for the alleged offence to which the notice relates — double the lowest penalty;

otherwise — double the penalty provided under a road law for the alleged offence to which the notice relates.

This subsection applies if, within the period for complying and in the manner specified in the notice requesting information, the responsible person gives a written notice stating the name and address of the driver of the vehicle at the time of the alleged offence.

This subsection applies if the notice requesting information is withdrawn under section 99.

This subsection applies if, within the period for complying and in the manner specified in the notice requesting information, the responsible person gives —

a written notice stating that the vehicle was stolen or unlawfully taken or used at the time of the alleged offence; and

evidence to support that statement.

This subsection applies if, within the period for complying and in the manner specified in the notice requesting information, the responsible person gives a written notice stating that the responsible person does not know, and cannot reasonably ascertain, the name and address of the driver of the vehicle at the time of the alleged offence.

This subsection applies if, within the period for complying and in the manner specified in the notice requesting information, the responsible person gives a written notice stating —

that the responsible person had sold the vehicle before the time of the alleged offence; and

the name and address of the person to whom the responsible person sold the vehicle.

This subsection applies if, within the period for complying and in the manner specified in the notice requesting information, the responsible person gives —

a written notice stating that the responsible person is concerned about providing information in response to the notice requesting information because of a risk or apprehended risk of an individual being subjected to family violence if the responsible person took steps to find or provide the information; and

a family violence evidentiary document that relates to the individual who is at risk or apprehended risk.

The provision of information under subsection (7) 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).