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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 113

Definitions for div 2

113 Definitions for div 2

In this division—

"address" means—

(a) for an individual—
(i) the individual’s usual place of residence; or
(ii) a postal address for the individual; or
(iii) if a matter relates to a business owned or controlled by the individual—the address of the business; or
(b) for a corporation—
(i) the head office, a registered office or a principal office of the corporation; or
(ii) a postal address for the corporation.

"camera-detected offence" means a prescribed offence in respect of which—
(a) the infringement notice under the State Penalties Enforcement Act 1999 ; or
(b) the complaint or summons;
indicates that the offence was detected by a photographic detection device, or a photographic detection device that is linked to an information technology system described in section 113A (2) .

"corresponding transport law" , to a transport Act or a provision of a transport Act, means a law of the Commonwealth or another State that provides for the same matter as—
(a) for a transport Act—the Act or a provision of the Act ; or
(b) for a provision of a transport Act—the provision.

"owner" ...

"person in charge" of a vehicle, in relation to an alleged offence, means—
(a) if there was a responsible operator for the vehicle at the time the offence allegedly happened—
(i) the responsible operator; or
(ii) if the responsible operator gives a notice under section 114 (3) (b) —the person named, in any notice under the section, as the person in charge of the vehicle at the time; or
(b) if there was no responsible operator for the vehicle, and the vehicle was registered under a transport Act or a corresponding transport law, at the time the offence allegedly happened—
(i) the registered operator of the vehicle at the time; or
(ii) if the registered operator gives a notice under section 114 (3) (b) —the person named, in any notice under the section, as the person in charge of the vehicle at the time; or
(c) if there was no responsible operator for the vehicle, and the vehicle was not registered under a transport Act or a corresponding transport law, at the time the offence allegedly happened—
(i) the person who, immediately before the registration expired, was the registered operator; or
(ii) if the person who was the registered operator gives a notice under section 114 (3) (b) —the person named, in any notice under the section, as the person in charge of the vehicle at the time; or
(iii) if the person who was the registered operator gives a notice under section 114 (3A) (b) —the person named, in any notice under the section, as the person who stole or took the vehicle; or
(iv) if the person who was the registered operator gives a notice under section 114 (3A) (c) —the person named, in any notice under the section, as the person to whom the vehicle was sold or disposed of.

"photographic detection device" see section 113A (1) .

"prescribed offence" means an offence prescribed by regulation for this part that is an offence against this Act or another transport Act.

"responsible operator" means a person nominated as responsible operator under section 170 or a person corresponding to a responsible operator under a corresponding transport law.

"transport Act" means an Act administered by the Minister or the Motor Accident Insurance Act 1994 .

"unregistered or uninsured offence" means a camera-detected offence that involves a person driving or otherwise using, or permitting someone else to drive or otherwise use, a vehicle that—
(a) is not registered as required by a regulation under this Act; or
(b) is not insured as required by the Motor Accident Insurance Act 1994 .



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