Western Australian Current Acts Western Australian Current Acts (1) In this section
—
vehicle offence means an offence of which the
parking, standing or leaving of a vehicle is an element.
(2) Where a vehicle
offence is alleged to have been committed and the identity of the person
committing the alleged offence is not known and cannot immediately be
ascertained an officer of the relevant responsible authority who is a
designated person under section 228 may give the owner of the vehicle a notice
under this section.
(3) The notice is to
be in the form prescribed in the regulations and is to contain particulars of
the alleged offence and require the owner to identify the person who was the
driver or person in charge of the vehicle at the time when the offence is
alleged to have been committed.
(4) The notice may be
addressed to the owner of the vehicle without naming, or stating the address
of, the owner and may be given by —
(a)
attaching it to the vehicle or leaving it in or on the vehicle at or about the
time that the alleged offence is believed to have been committed; or
(b)
giving it to the owner within 21 days after the alleged offence is believed to
have been committed.
(5) The notice is to
include a short statement of the effect of subsection (6).
(6) Unless, within 28
days after being served with the notice, the owner of the vehicle —
(a)
informs the responsible authority or an officer of the responsible authority
authorised for the purposes of this paragraph as to the identity and address
of the person who was the person in charge of the vehicle at the time the
offence is alleged to have been committed; or
(b)
satisfies the responsible authority that the vehicle had been stolen or
unlawfully taken, or was being unlawfully used, at the time the offence is
alleged to have been committed,
the owner is, in the
absence of proof to the contrary, deemed to have committed the offence.
[Section 225 amended: No. 8 of 2009 s. 100(5).]