Victorian Current Acts

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ROAD SAFETY ACT 1986 - SECT 84BH

Defences to operator onus offences

In a proceeding for an operator onus offence it is a defence to the charge for the accused to prove any of the following—

S. 84BH(a) amended by No. 68/2009 s. 97(Sch. item 106.14).

        (a)     that the accused had made an illegal user statement, a known user statement, a sold vehicle statement or an unknown user statement within the prescribed period and that the statement is, or ought to have been accepted by an enforcement official as, an effective statement for the purposes of this Part;

S. 84BH(b) amended by No. 68/2009 s. 97(Sch. item 106.14).

        (b)     that the acceptance as an effective statement for the purposes of this Part of an illegal user statement, known user statement, sold vehicle statement or unknown user statement made by the accused ought not to have been cancelled under section 84BF(1);

S. 84BH(ba) inserted by No. 74/2007 s. 14(1).

        (ba)     that the acceptance as an effective statement for the purposes of this Part of a tolling nomination statement made by an authorised tolling person ought not to have been cancelled under section 84BF(1);

S. 84BH(c) amended by Nos 74/2007 s. 14(2), 68/2009 s. 97(Sch. item 106.14).

        (c)     if the proceeding against the accused is based on a nomination made in a known user statement, sold vehicle statement or tolling nomination statement, that the accused had made a nomination rejection statement and that an enforcement official ought to have been satisfied, having regard to the matters stated in the nomination rejection statement, that the nomination was incorrect.

S. 84BH(d) repealed by No. 74/2007 s. 14(3).

    *     *     *     *     *

S. 84BI inserted by No. 81/2006 s. 24 (as amended by No. 14/2007 s. 10), amended by No. 75/2012 s. 9 (ILA s. 39B(1)).



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