Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
Division 3.3A Demerit points offences—corporation's liability
40 Definitions—div 3.3A
In this division:
"corporation's vehicle" means a vehicle for which a corporation is the registered owner.
41 Meaning of all reasonable steps —div 3.3A
(1) In this division:
"all reasonable steps—"a corporation that is the registered owner of a vehicle takes all reasonable steps to assist the administering authority to identify and locate the individual who was in possession or control of the vehicle at the time of a demerit points offence involving the vehicle—
(a) if the corporation gives the administering authority an infringement notice declaration for the offence within the time required under division 3.2 (Infringement and reminder notices) (including any additional time allowed under that division); and
(b) if the administering authority requires an approved form to be completed in relation to the offence—if the corporation completes the form properly; and
(c) if the person responds to any correspondence from the administering authority within 14 days after the correspondence is served on the person.
Note 1 For when a notice sent by post is taken to be given, see the Road Transport (General) Regulation 2000 , s 9B.
Note 2 Infringement notice declaration —see s 21A.
Note 3 See s 55 for statutory declarations by corporations.
(2) For subsection (1), definition of "all reasonable steps", paragraph (b), an approved form is properly completed by a corporation only if—
(a) if the approved form requires particular information to be included in the form—the corporation complies with the requirement; and
(b) the information the corporation includes in the form is accurate; and
(c) the corporation completes the form in a way that can be understood by a reasonable person.
Note Under the Legislation Act, s 255 (5), if a form requires any of the following, substantial compliance with the form is not sufficient and the form is properly completed only if the requirement is complied with:
(a) the form to be signed;
(b) the form to be prepared in a particular way (for example, on paper of a particular size or quality or in a particular electronic form);
(c) the form to be completed in a particular way;
(d) particular information to be included in the form, or a particular document to be attached to or given with the form;
(e) the form, information in the form, or a document attached to or given with the form, to be verified in a particular way (for example, by statutory declaration).
42 Demerit points offences—suspension of registration etc
(1) This section applies if—
(a) a corporation is the registered owner of a vehicle; and
(b) an infringement notice has been served on the corporation by an authorised person for a demerit points offence involving the vehicle; and
(c) the infringement notice has not been withdrawn; and
(d) the corporation has failed to take all reasonable steps to assist the administering authority to identify and locate the individual who was in possession or control of the vehicle at the time of the demerit points offence; and
(e) in relation to at least 1 previous demerit points offence involving a corporation's vehicle, the corporation failed to take all reasonable steps to assist the administering authority to identify and locate the individual who was in possession or control of the vehicle at the time of that demerit points offence.
(2) The road transport authority must—
(a) send the corporation a written notice (a suspension warning notice ) containing the following information:
(i) the particulars of the demerit points offence, including the infringement notice penalty for the offence and the additional penalty stated in the reminder notice (if any), and the infringement notice and reminder notice (if any) for the offence, to which the suspension warning notice relates;
(ii) a statement to the effect that if the corporation continues to fail to take all reasonable steps to assist the administering authority to identify and locate the individual who was in possession or control of the corporation's vehicle involved in the offence by a stated date (the suspension date ), the authority will take suspension action on the suspension date;
(iii) any information prescribed by regulation;
(iv) any other information the road transport authority considers appropriate; and
(b) if in response to the suspension warning notice, the corporation fails to take all reasonable steps to assist the administering authority to identify and locate the individual who was in possession or control of the corporation's vehicle involved in the offence, before the suspension date—take the following action (the "suspension action") on the suspension date:
(i) if the vehicle involved in the offence is registered in the ACT—suspend the vehicle's registration;
(ii) if the vehicle involved in the offence is registered in another jurisdiction—suspend the right of everyone to drive the vehicle in the ACT;
(iii) if the corporation has sold, transferred or otherwise disposed of its interest in the vehicle involved in the offence—
(A) suspend the registration of another of the corporation's vehicles (the other vehicle ); or
(B) if the other vehicle is registered in another jurisdiction—suspend the right of everyone to drive the other vehicle in the ACT.
(3) The suspension date must be at least 10 days after the suspension warning notice is sent to the corporation.
(4) If the road transport authority takes suspension action, the authority must send the corporation a notice (a suspension confirmation notice ) including statements about the following:
(a) the suspension date;
(b) the action taken on the suspension date;
(c) when the suspension ends;
(d) any information prescribed by regulation;
(e) any other information the road transport authority considers appropriate.
(5) The suspension action takes effect—
(a) on the suspension date; or
(b) if any other suspension action has been taken against the corporation under another provision of the road transport legislation—when that other suspension action ends.
(6) A suspension ends on the earliest of the following:
(a) 6 months after the day the suspension action takes effect;
(b) the day the corporation gives the administering authority the information it needs to identify and locate the individual who was in possession or control of the corporation's vehicle at the time of the demerit points offence;
(c) the day the registration of the corporation's vehicle is transferred under the Road Transport (Vehicle Registration) Act 1999 to another person and the corporation no longer has any interest in the vehicle.
43 Demerit points offence—effect of suspension
(1) If the registration of a corporation's vehicle is suspended under section 42, the road transport authority must not renew the registration until after the suspension ends.
(2) The road transport authority must not register a corporation's vehicle if the right of everyone to drive the vehicle in the ACT is suspended under section 42.
43A Demerit points offence—review of suspension
(1) If the registration of a corporation's vehicle is suspended under section 42, the corporation may apply to the Magistrates Court for a review of the suspension.
(2) The Magistrates Court may hear and decide the application and may make an order—
(a) confirming the suspension; or
(b) revoking the suspension.
(3) The court may make an order under subsection (2) (b) only if the court is satisfied that the corporation has taken all reasonable steps to assist the administering authority to identify and locate the person who was in possession or control of the vehicle involved in the demerit points offence to which the suspension relates.
43B Offence—driving interstate corporate vehicle
(1) A person commits an offence if—
(a) the right of everyone to drive an interstate corporate vehicle in the ACT is suspended under section 42; and
(b) the person drives the vehicle in the ACT.
Maximum penalty: 20 penalty units.
(2) An offence against this section is a strict liability offence.
(3) In this section:
"interstate corporate vehicle" means a corporation's vehicle that is registered in another jurisdiction.