Australian Capital Territory Numbered Acts

ROAD TRANSPORT (GENERAL) ACT 1999 (NO. 77 OF 1999) - SECT 42

(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 notice states that the offence is a camera-detected offence; and

        (c)     the person was not the driver of the vehicle at the time of the offence.

(2)     The person must make and give to the administering authority—

        (a)     an illegal user declaration in accordance with section 38 for the offence; or

        (b)     a known user declaration in accordance with section 39 for the offence; or

        (c)     a sold vehicle declaration in accordance with section 40 for the offence; or

        (d)     an unknown user declaration in accordance with section 41 for the offence.

Maximum penalty:     30 penalty units.

(3)     However, in a prosecution of a person for an offence against subsection (2) in relation to a vehicle, it is a defence if the person establishes—

        (a)     that the vehicle was stolen, or illegally taken or used, at the time of the offence; or

        (b)     that the vehicle (or all of the person's interest in the vehicle) had been sold or disposed of by the person before the time of the offence, and that at that time the person did not have an interest in the vehicle; or

        (c)     that—

              (i)     the person was not the driver of the vehicle at the time of the offence; and

              (ii)     the person did not know, and could not with reasonable diligence have found out, the name and address of the driver of the vehicle at that time.