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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 114
Offences detected by photographic detection device
(1) If a prescribed offence happens and the offence is detected by a
photographic detection device, a person is taken to have committed the offence
if the person was the person in charge of the vehicle that was involved in the
offence at the time the offence happened even though the actual offender may
have been someone else.
(2) If the actual offender is someone else,
subsection (1) does not affect the liability of the actual offender but the
person in charge and the actual offender can not both be punished for the
offence.
(3) It is a defence to a camera-detected offence, other than an
unregistered or uninsured offence, for a person to prove that— (a) the
person was not the driver of the vehicle at the time the offence happened; and
(b) the person— (i) has notified the commissioner, the chief executive or
the SPEA administering authority of the name and address of the person in
charge of the vehicle at the time the offence happened; or
(ii) has notified
the commissioner, the chief executive or the SPEA administering authority that
the person did not know and could not, with reasonable diligence, have
ascertained the name and address of the person in charge of the vehicle at the
time the offence happened.
(3A) It is a defence to an
unregistered or uninsured offence for a person to prove that— (a) when the
offence happened, the vehicle— (i) was stolen or illegally taken; or
(ii)
had been sold or otherwise disposed of; and
(b) if the vehicle was stolen or
illegally taken—the person has notified the chief executive or the SPEA
administering authority of that fact and either— (i) the name and address of
the person who stole or took the vehicle; or
(ii) that the person did not
know and could not, with reasonable diligence, have ascertained the name and
address of the person who stole or took the vehicle; and
(c) if the vehicle
had been sold or otherwise disposed of—the person has notified the chief
executive or the SPEA administering authority of that fact and of the
following information— (i) the name and address of the person to whom the
vehicle was sold or disposed of;
(ii) the date and, if relevant, time of the
sale or disposal.
(4) A defence under subsection (3) or (3A) is available
only if the person notifies the commissioner, the chief executive or the SPEA
administering authority about the matters in subsections (3) and (6) , or
subsection (3A) , within the required time— (a) in a statutory declaration;
or
(b) in an online declaration.
(5) The required time is 28 days after
whichever of the following is first given to the person— (a) a written
notice from the commissioner or chief executive alleging a camera-detected
offence;
(b) an infringement notice under the
State Penalties Enforcement Act 1999 .
(6) For subsection (3) (b) (ii) a
person must prove that— (a) at the time the offence happened, the person—
(i) exercised reasonable control over the vehicle’s use; and
(ii) had in
place a reasonable way of finding out the name and address of the person in
charge of the vehicle at any given time having regard to— (A) the number of
drivers; and
(B) the amount and frequency of use; and
(C) whether the
vehicle was driven for business or private use; and
(b) after the offence
happened, the person made proper search and enquiry to ascertain the name and
address of the person in charge of the vehicle at the time the offence
happened.
(7) Subsection (6) does not apply if the person is able to prove
that at the time the offence happened the vehicle— (a) was stolen or
illegally taken; or
(b) had already been sold or otherwise disposed of.
(8)
Nothing in this section stops a person notifying the commissioner, the chief
executive or the SPEA administering authority that the person was the driver
of the vehicle involved in a camera-detected offence— (a) in a statutory
declaration; or
(b) in an online declaration.
(9) A notification purporting
to have been given for a body corporate by a director, manager or secretary of
the body corporate is to be taken to have been given by the body corporate.
(10) In this section—
"online declaration" means a declaration made using the
online declaration system.
"online declaration system" means an electronic system established by the
chief executive for giving notifications under this section that is designed
to— (a) be accessed by an individual through the individual’s customer
account on the department’s website; and
(b) send a notification of matters
entered into the system by the individual to the commissioner, the chief
executive or the SPEA administering authority; and
(c) allow a record of the
sent notification to be downloaded or printed by the individual.
"photographic detection device" includes a photographic detection device that
is linked to an information technology system described in section 113A (2) .
"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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