Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) This section applies if—
(a) an infringement notice for an infringement notice offence is served on a person under section 36 (Service of infringement notices on responsible persons for vehicles); and
(b) the person makes a statutory declaration (a known user declaration ) stating—
(i) if the person is an individual—
(A) that the person was not the driver of the vehicle at the time of the offence; and
(B) the name and home or business address of the person (the named offender ) who was the driver of the vehicle at that time; and
(C) all relevant facts supporting those statements; or
(ii) if the person is a corporation—the name and home or business address of the person (also the named offender ) who was the driver of the vehicle at the time of the offence and all relevant facts supporting that statement; and
(c) the person gives the known user declaration to the administering authority within 28 days after the day when the infringement notice, or a reminder notice for the offence, is served on the person (or any additional time allowed by the administering authority).
(2) An infringement notice for the offence may be served under section 24 (Service of infringement notices generally) on the named offender.
(3) If a document (including an infringement notice or reminder notice) is to be served on the named offender under this Part by post in relation to the offence, the document may be addressed to the named offender at his or her home or business address stated in the known user declaration.
(4) Section 37 (Liability for infringement notice offences involving vehicles), this section and section 40 (Sold vehicle declarations) apply as if the named offender were the responsible person of the vehicle at the time of the offence and the infringement notice had been served on the named offender under section 36.
(5) However, a proceeding for the offence may be brought in a court against the named offender only if a copy of the known user declaration has been served on the named offender by an authorised person.
(6) In a proceeding against the named offender for the offence, the known user declaration is evidence that the named offender was the driver of the vehicle at the time of the offence.