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ROAD SAFETY ACT 1986 - SECT 84BE

Use of effective statement to avoid liability

    (1)     A person is not guilty of an offence by force of section 84BC if—

S. 84BE(1)(a) amended by No. 74/2007 s. 11(1)(a).

        (a)     within the prescribed period the person, or an authorised tolling person, gives to an enforcement official—

              (i)     an illegal user statement; or

S. 84BE(1)
(a)(ii) amended by No. 75/2012 s. 7(1)(a)).

              (ii)     subject to subsection (1C), a known user statement; or

              (iii)     a sold vehicle statement; or

S. 84BE (1)(a)(iv) substituted by No. 74/2007 s. 11(1)(b), amended by No. 75/2012 s. 7(1)(b)).

              (iv)     subject to subsection (1A) or (1B), an unknown user statement; or

S. 84BE (1)(a)(v) inserted by No. 74/2007 s. 11(1)(c).

              (v)     a tolling nomination statement; and

S. 84BE(1)(ab) inserted by No. 59/2017 s. 126.

        (ab)     the Director, Fines Victoria suspends enforcement action against a person under section 10V of the Fines Reform Act 2014 for a period that is longer than the period prescribed under this section for making a known user statement and the person, or an authorised tolling person, gives to an enforcement official a known user statement during that longer period; and

        (b)     the statement is an effective statement for the purposes of this Part.

Notes

1     A statement may cease to be an effective statement under section 84BF.

2     It is an offence to provide false or misleading information in a statement: see section 84BI.

S. 84BE(1A) inserted by No. 74/2007 s. 11(2).

    (1A)     A person nominated in a tolling nomination statement may not make, or give to an enforcement official, an unknown user statement in relation to a tolling offence.

S. 84BE (1B)‒(1D) inserted by No. 75/2012 s. 7(2), repealed by No. 63/2017 s. 21(Sch. 1 item 8.9).

    *     *     *     *     *

S. 84BE(2) amended by No. 74/2007 s. 11(3)(a)(b).

    (2)     Information contained in a known user statement, a sold vehicle statement or a tolling nomination statement identifying a person is sufficient for the purposes of this Part if it contains—

S. 84BE(2)(a) substituted by No. 75/2012 s. 7(3)(a).

        (a)     in the case of an individual—

              (i)     the individual's full name and current home address; and

              (ii)     either the individual's date of birth or the number of the licence or permit authorising the individual to drive; and

              (iii)     if the statement contains the number of a licence or permit issued by a corresponding Authority, the name of the Authority and the jurisdiction in which the licence or permit is issued; and

S. 84BE
(2)(a)(iv) repealed by No. 63/2017 s. 21(Sch. 1 item 8.9).

    *     *     *     *     *



S. 84BE(2)(b) amended by No. 75/2012 s. 7(3)(b).

        (b)     in the case of a person other than an individual, its full name and current address and (where applicable) its Australian Company Number; and

S. 84BE(2)(ba) inserted by No. 74/2007 s. 11(3)(c).

        (ba)     reasons for nominating the individual under paragraph (a) or person under paragraph (b); and

        (c)     in any case, any other prescribed information.

    (3)     A statement containing all the information required by subsection (2) is an effective statement for the purposes of this Part.

S. 84BE(4) amended by No. 74/2007 s. 11(4).

    (4)     In addition, an enforcement official may decide to accept a known user statement, a sold vehicle statement or a tolling nomination statement as an effective statement for the purposes of this Part even if it does not contain all the information required by subsection (2) if the enforcement official is satisfied that it contains sufficient information to identify and locate the nominated person.

S. 84BE(4A) inserted by No. 74/2007 s. 11(5), amended by No. 8/2019 s. 150(a).

    (4A)     If an authorised tolling person gives an enforcement official a tolling nomination statement, and the nomination made in the statement is based on a belief formed after receiving a statement or statements made under Part 4 of the Melbourne City Link Act 1995 , Part 9 of the EastLink Project Act 2004 or Part 3 of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019

        (a)     an enforcement official may request the statement or statements be given to the official; and

S. 84BE
(4A)(b) amended by No. 8/2019 s. 150(b).

        (b)     the authorised tolling person must give a copy or copies of the statement or statements made under the Melbourne City Link Act 1995 , the  EastLink Project Act 2004 or the  West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 to the official as soon as practicable after the official makes the request.

S. 84BE(5) substituted by No. 74/2007 s. 11(6).

    (5)     An enforcement official may decide to accept an illegal user statement as an effective statement for the purposes of this Part if satisfied as to the matters, and any reasons set out in support of those matters, stated in the statement.

S. 84BE(5A) inserted by No. 74/2007 s. 11(6).

    (5A)     An enforcement official may decide to accept an unknown user statement as an effective statement if the enforcement official is satisfied that it states—

        (a)     that, at the time of the offence, the person was not 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

        (b)     reasons in support of the matters raised under paragraph (a) that—

              (i)     are adequate and reasonable in the circumstances; and

              (ii)     explain why the person could not, with reasonable diligence, ascertain the identity of the person who was at that time driving or at that time was last known to have had possession or control of the motor vehicle or trailer, or the motor vehicle to which the trailer was attached.

S. 84BE(5B) inserted by No. 75/2012 s. 7(4).

    (5B)     For the purposes of subsection (5A)(b)(i), a failure to keep a record of who had possession or control of the motor vehicle or trailer, or of the motor vehicle to which the trailer was attached, at the time of the offence is not a reason that is adequate and reasonable unless the failure to do so was due to exceptional circumstances.

S. 84BE(6) amended by No. 74/2007 s. 11(7).

    (6)     An enforcement official to whom a known user statement, sold vehicle statement or tolling nomination statement (not containing all the information required by subsection (2)) or an illegal user statement or an unknown user statement is given under subsection (1) must, within the prescribed period, cause a notice to be served on the person who gave the statement stating whether or not the enforcement official has decided under subsection (4), (5) or (5A) (as the case requires) to accept the statement as an effective statement for the purposes of this Part.

    (7)     If subsection (6) is not complied with in respect of a statement, the enforcement official must be taken to have decided to accept the statement as an effective statement for the purposes of this Part.

    (8)     A notice under subsection (6) may be served by post addressed to the person at an authorised address (within the meaning of section 163A of the Infringements Act 2006 ).

S. 84BE(9) amended by No. 68/2017 s. 64.

    (9)     A notice under subsection (6) served in accordance with subsection (8) and returned undelivered to its sender is deemed to be served 7 days after the date specified in the notice as the date of the notice, despite it being returned to its sender as undelivered.

    (10)     Subsection (9) has effect despite anything to the contrary in section 49(1) of the Interpretation of Legislation Act 1984 .

S. 84BEA inserted by No. 75/2012 s. 8.



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