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ROAD TRANSPORT (GENERAL) AMENDMENT ACT 2012 (NO 2) (NO. 16 OF 2012) - SCHEDULE 1

Schedule 1     Consequential amendments

(see s 3)

Part 1.1     Road Transport (Driver Licensing) Act 1999

[1.1]     Section 12 (3) (d), note

substitute

Note     For when an infringement notice penalty is payable, see the Road Transport (General) Act 1999 , div 3.2.

[1.2]     Section 13A (1)

omit

Road Transport (General) Act 1999

substitute

General Act

[1.3]     Section 13A (1) (b)

substitute

        (b)     the person is served with an infringement notice for the offence and—

              (i)     the infringement notice penalty for the offence has been paid in full or in part; or

              (ii)     the infringement notice penalty for the offence has not been paid in full or in part in the time required for its payment under the General Act (the required time ), and the person has not in the required time given the administering authority—

    (A)     an infringement notice declaration for the offence; or

    (B)     a notice disputing liability for the offence in accordance with the General Act; or

Note     For when an infringement notice penalty is payable, see the General Act, div 3.2.

[1.4]     Section 13A (1) (d) and note

substitute

        (d)     the person is served with an infringement notice for the offence and, as a result, gives the administering authority an infringement notice declaration, and the administering authority does not accept the declaration for the General Act, division 3.3 and refuses to withdraw the infringement notice.

[1.5]     New section 13A (3)

insert

    (3)     In this section:

"General Act" means the Road Transport (General) Act 1999 .

"infringement notice declaration"—see the General Act, section 21A.

Part 1.2     Road Transport (General) Regulation 2000

[1.6]     Section 5 (1) (c)

substitute

        (c)     the road transport authority, or the administering authority for an infringement notice offence, is taken to have complied with an obligation under the relevant legislation to give notice to the responsible person for the vehicle if the authority gives notice—

              (i)     if the address for service recorded in a record or register under the road transport legislation is the same for each responsible person—to at least 1 of them; or

              (ii)     if the address for service is different for 2 or more of the responsible people—to each of them.

[1.7]     Section 9

omit

[1.8]     Section 9B (1) (b) (i)

omit

residential

substitute

home

[1.9]     Schedule 1, new part 1.5

insert

Part 1.5     Road Transport (General) Act 1999

column 1
item

column 2
provision

column 3
decision

1

29 (2) (b)

administering authority for infringement notice offence—refuse an application to extend time

2

35 (1) (b)

administering authority for infringement notice offence—refuse to withdraw infringement notice

[1.10]     Dictionary, note 2

insert

              •     home address

Part 1.3     Road Transport (Mass, Dimensions and Loading) Act 2009

[1.11]     New section 12A

insert

12A     Rights, liabilities and obligations of multiple responsible people

    (1)     This section applies if there is more than 1 responsible person for a heavy vehicle or heavy combination at any time.

    (2)     In this Act, a reference to the responsible person for the heavy vehicle or heavy combination includes each responsible person for the heavy vehicle or heavy combination.

Part 1.4     Road Transport (Offences) Regulation 2005

[1.12]     New sections 4A to 4D

in part 2, insert

4A     Meaning of identifying particulars —pt 2

In this part:

"identifying particulars—"

        (a)     for an animal involved in an infringement notice offence—see section 4B; and

        (b)     for a registrable vehicle involved in an infringement notice offence—see section 4C; and

        (c)     for an authorised person—see section 4D.

4B     Identifying particulars for animal for infringement notice offence involving an animal—pt 2

    (1)     In this part:

"identifying particulars", for an animal involved in an infringement notice offence, means the following particulars:

        (a)     species;

        (b)     colour;

        (c)     any identification or registration tags;

        (d)     any collar;

        (e)     any brands or tattoos;

        (f)     any marks or scars;

        (g)     any other noticeable distinguishing marks or features;

        (h)     breed;

              (i)     sex;

        (j)     age;

        (k)     any electronically coded implant.

    (2)     Subsection (1) (e) to (k) does not apply if it is not possible for the person issuing the infringement notice to decide those particulars.

4C     Identifying particulars for vehicle for infringement notice offence involving registrable vehicle—pt 2

    (1)     In this part:

"identifying particulars", for a registrable vehicle involved in an infringement notice offence, means the following particulars:

        (a)     any registration number;

        (b)     body type;

        (c)     if there is no numberplate or registration label on the vehicle and a vehicle or engine identification number for the vehicle is known—the vehicle or engine identification number;

        (d)     make;

        (e)     the identifier (if any) for the jurisdiction of registration shown on any numberplate;

        (f)     if relevant to the offence—the number of passengers in the vehicle.

    (2)     For a camera-detected offence, subsection (1) (d) to (f) does not apply if it is not possible to decide those particulars from the image taken by the traffic offence detection device.

4D     Identifying particulars for authorised person for infringement notice offence—pt 2

In this part:

"identifying particulars", for an authorised person, means—

        (a)     for an authorised person who is a police officer—the police officer's service number; and

        (b)     for an authorised person authorised by the administering authority for an infringement notice offence to serve infringement or reminder notices for the offence—the unique number given to the person by the administering authority under section 11 (People authorised for infringement notices etc to have unique number).

[1.13]     Sections 12 to 14

substitute

12     Infringement notices—service—Act, s 24 (2)

    (1)     An authorised person may serve an infringement notice for an infringement notice offence on—

        (a)     if the identity of the person who is believed to have committed the offence (the "suspected offender") is known—the suspected offender; or

        (b)     if the identity of the suspected offender is not known, but the offence involves a registrable vehicle—the responsible person for the vehicle.

Note     For how documents may be served, see the Legislation Act, pt 19.5.

    (2)     For subsection (1) (a), an infringement notice may be served—

        (a)     if it is reasonably practicable to serve the notice on the suspected offender personally—on the offender personally; or

        (b)     if it is not reasonably practicable to serve the notice on the suspected offender personally—by sending the notice to the offender, by prepaid post addressed to the offender, at—

              (i)     the offender's home address or business address; or

              (ii)     if the offender has an address for service in a record or register kept under the road transport legislation or a corresponding law—the recorded address for service.

Note     Corresponding law —see the Road Transport (Vehicle Registration) Act 1999 , dictionary.

    (3)     For subsection (1) (b), an infringement notice may be served on a responsible person for the registrable vehicle—

        (a)     if it is reasonably practicable to access the vehicle—by securely placing or attaching the notice, addressed to the responsible person (without further description), on or to the vehicle in a prominent position; or

        (b)     if it is not reasonably practicable to access the vehicle—by sending it to the responsible person, by prepaid post addressed to the person, at—

              (i)     the person's home address or business address; or

              (ii)     if the person has an address for service in a record or register kept under the road transport legislation or a corresponding law—the recorded address for service.

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     The Legislation Act, s 250 (1) does not apply to a notice given under the road transport legislation (see Road Transport (General) Regulation 2000 , s 9B (4)).

    (4)     A person commits an offence if—

        (a)     an infringement notice is placed on or attached to a vehicle; and

        (b)     the person does something that prevents the responsible person for the vehicle receiving or reading the infringement notice; and

        (c)     the person is reckless about whether the person's action prevents the responsible person for the vehicle receiving or reading the infringement notice.

Maximum penalty: 20 penalty units.

Note     The fault element of recklessness can be satisfied by proof of intention, knowledge or recklessness (see Criminal Code, s 20 (4)).

13     Infringement notices for camera-detected offences—time of service—Act, s 24 (2)

An infringement notice for a camera-detected offence may only be served on a responsible person for the vehicle involved in the offence within 28 days after the day the offence was committed.

Note     Section 14 applies if an infringement notice declaration made in relation to a camera-detected offence is accepted by the administering authority for the offence and the administering authority serves an infringement notice on a person nominated in the declaration as being in possession or control of the vehicle at the time of the offence.

14     Infringement notices—service on nominated person—Act, s 24 (2)

    (1)     This section applies if—

        (a)     the administering authority for an infringement notice offence involving a registrable vehicle accepts an infringement notice declaration under the Act, part 3 (Infringement notices for certain offences); and

        (b)     the infringement notice declaration states the name of the person (the nominated person ) who was in possession or control of the vehicle at the time of the offence; and

        (c)     as a result, the administering authority serves an infringement notice on the nominated person.

    (2)     The administering authority must serve the infringement notice on the nominated person as soon as practicable, but not later than 1 year, after the authority accepts the infringement notice declaration.

14A     Infringement notices—contents—Act, s 25

    (1)     The following information is prescribed:

        (a)     a unique identifying number;

        (b)     the date the notice was issued;

        (c)     if the notice is served on an individual—the individual's name or surname and initials, and home address or address for service recorded for the individual in a record or register kept under the road transport legislation or a corresponding law;

        (d)     if the notice is served on a corporation—the corporation's identifying details under a record or register kept under the road transport legislation or a corresponding law;

        (e)     a short description of the infringement notice offence, as set out in schedule 1 (Short descriptions, penalties and demerit points), (or the law and provision of the law contravened by the person), including the place where the offence was committed and the date and approximate time of the offence;

        (f)     if the offence involved a registrable vehicle—the identifying particulars (if any) for the vehicle;

        (g)     if the offence involved an animal—the identifying particulars (if any) for the animal;

        (h)     the infringement notice penalty payable for the offence;

              (i)     the identifying particulars of the authorised person who gave the notice;

        (j)     any additional information the administering authority considers appropriate.

    (2)     An infringement notice served on a person must contain the following additional information:

        (a)     a statement telling the person that, within 28 days after the notice is served on the person, the person may do 1 of the following (an infringement notice response ):

              (i)     pay the infringement notice penalty for the offence;

              (ii)     give the administering authority an infringement notice declaration for the offence;

              (iii)     dispute liability for the offence;

              (iv)     apply to the administering authority for additional time to pay the penalty, give an infringement notice declaration or dispute liability for the offence;

        (b)     a statement to the effect that if the person does not make an infringement notice response—

              (i)     a reminder notice for the offence will be served on the person; and

              (ii)     the person may be prosecuted for the offence;

        (c)     a statement to the effect that if a reminder notice is served on the person, the amount of the infringement notice penalty payable is increased by the cost of serving the reminder notice;

Note     Section 7 prescribes the cost of serving a reminder notice.

        (d)     a statement that the notice may be withdrawn before or after the penalty is paid;

        (e)     a statement to the effect that, if the person pays the penalty within the required time—

              (i)     any liability of the person for the offence is discharged; and

              (ii)     the person will not be prosecuted for the offence; and

              (iii)     the person will not be taken to have been convicted of the offence;

        (f)     a statement to the effect that, if the person wants to dispute liability for the offence, the issue may be referred to the Magistrates Court;

        (g)     a statement to the effect that, if the issue is referred to the Magistrates Court, the person may be—

              (i)     convicted of the offence; and

              (ii)     ordered to pay a penalty and costs; and

              (iii)     subject to other court orders;

        (h)     a statement to the effect that if the offence involved a registrable vehicle and the person does not pay the infringement notice penalty, or dispute liability for the offence, within the required time, payment of the penalty may be enforced under the Act, division 3.4 (Enforcement procedures);

              (i)     how the person may pay the infringement notice penalty, give an infringement notice declaration or dispute liability for the offence;

        (j)     how the person may apply for additional time to pay the infringement notice penalty, give an infringement notice declaration or dispute liability for the offence;

        (k)     if the offence involved a registrable vehicle—

              (i)     how many demerit points the person will incur if the person pays the infringement notice penalty or is convicted of the offence; and

              (ii)     general information about the enforcement procedures under the Act, division 3.4; and

              (iii)     a statement that, in a proceeding against the responsible person for a registrable vehicle for an infringement notice offence involving the vehicle, the responsible person is presumed to be the individual in possession or control of the vehicle at the time of the offence, unless the contrary is proved by the responsible person; and

              (iv)     a statement that the responsible person for the vehicle has an obligation to take all reasonable steps under the Act, part 3 to assist the administering authority to identify and locate the individual who the responsible person asserts was in possession or control of the vehicle at the time of the offence; and

              (v)     general information about the Act, division 3.3 (Infringement notice offences involving registrable vehicles—responsible person's liability); and

              (vi)     information about how the person may make and give the administering authority an infringement notice declaration under that division; and

              (vii)     if the offence is a camera-detected offence—information about how to inspect and obtain a copy of the image taken by the approved camera detection device.

    (3)     In this section:

"the required time", to pay a penalty, or dispute liability, for an infringement notice offence, means—

        (a)     28 days after the day the infringement notice for the offence was served; or

        (b)     any additional time allowed under the Act, section 29 (Extension of time to do things).

14B     Reminder notices—contents—Act, s 27 (3)

    (1)     The following information is prescribed:

        (a)     a unique identifying number;

        (b)     a short description of the infringement notice offence, as set out in schedule 1 (Short descriptions, penalties and demerit points), (or the law and provision of the law contravened by the person), including the place where the offence was committed and the date and approximate time of the offence;

        (c)     the unique identifying number of the infringement notice;

        (d)     the date the infringement notice was issued;

        (e)     the date the reminder notice is issued;

        (f)     the identifying particulars of the authorised person giving the reminder notice;

        (g)     a statement to the effect that—

              (i)     the infringement notice penalty has not been paid; and

              (ii)     the person must do a thing mentioned in the Act, section 28 (2) within 28 days after the reminder notice is served;

        (h)     that the infringement notice has not been withdrawn;

              (i)     if the infringement notice was served under the Act, section 24 (2) (Infringement notices)—that the administering authority has not received an infringement notice declaration from the person for the offence;

        (j)     that written notice disputing liability has not been received by the administering authority from the person for the offence;

        (k)     that the infringement notice penalty has been increased by the amount payable by the person for the cost of serving the reminder notice;

Note     Section 7 prescribes the cost of serving a reminder notice.

        (l)     the infringement notice penalty now payable for the offence;

        (m)     a statement telling the person that, within the required time after the reminder notice is served on the person, the person may do 1 of the following (a reminder notice response ):

              (i)     pay the infringement notice penalty now payable for the offence;

              (ii)     give the administering authority an infringement notice declaration for the offence;

              (iii)     dispute liability for the offence;

              (iv)     apply to the administering authority for additional time to pay the penalty, give an infringement notice declaration or dispute liability for the offence;

        (n)     a statement that the notice may be withdrawn before or after the penalty is paid;

        (o)     a statement to the effect that, if the person pays the penalty within the required time—

              (i)     any liability of the person for the offence is discharged; and

              (ii)     the person will not be prosecuted for the offence; and

              (iii)     the person will not be taken to have been convicted of the offence;

        (p)     a statement to the effect that, if the person wants to dispute liability for the offence, the issue may be referred to the Magistrates Court;

        (q)     a statement to the effect that, if the issue is referred to the Magistrates Court, the person may be—

              (i)     convicted of the offence; and

              (ii)     ordered to pay a penalty and costs; and

              (iii)     subject to other court orders;

        (r)     a statement to the effect that if the person does not pay the infringement notice penalty or dispute liability for the offence within the required time—

              (i)     the person may be prosecuted for the offence; or

              (ii)     if the offence involved a registrable vehicle—payment of the penalty may be enforced under the Act, division 3.4 (Enforcement procedures);

        (s)     any additional information the administering authority considers appropriate.

    (2)     The reminder notice must also contain the following information:

        (a)     how the person may pay the infringement notice penalty or dispute liability for the offence;

        (b)     how the person may apply for additional time to pay the infringement notice penalty or dispute liability for the offence;

        (c)     if the offence involved a registrable vehicle—

              (i)     how many demerit points the person will incur if the person pays the infringement notice penalty or is convicted of the offence; and

              (ii)     general information about the enforcement procedures under the Act, division 3.4; and

              (iii)     a statement that, in a proceeding against the responsible person for a registrable vehicle for an infringement notice offence involving the vehicle, the responsible person is presumed to be the individual in possession or control of the vehicle at the time of the offence, unless the contrary is proved by the responsible person; and

              (iv)     a statement that the responsible person for the vehicle has an obligation to take all reasonable steps under the Act, part 3 to assist the administering authority to identify and locate the individual who the responsible person asserts was in possession or control of the vehicle at the time of the offence; and

              (v)     general information about the Act, division 3.3 (Infringement notice offences involving registrable vehicles—responsible person's liability); and

              (vi)     information about how the person may make and give the administering authority an infringement notice declaration under that division; and

              (vii)     if the offence is a camera-detected offence—information about how to inspect and obtain a copy of the image taken by the approved camera detection device.

    (3)     In this section:

"the required time", for a person to pay a penalty for an infringement notice offence, means—

        (a)     28 days after the day the reminder notice for the offence was served; or

        (b)     any additional time allowed under the Act, section 29 (Extension of time to do things); or

        (c)     if an application for an extension of time was refused under the Act, section 29, the later of the following:

              (i)     7 days after the day the person is given written notice of the refusal;

              (ii)     28 days after the date of issue of the reminder notice.

14C     Extension of time—application within time—Act, s 29 (5)

    (1)     A person may apply to the administering authority for an extension of time to do something mentioned in the Act, section 26 (2) or section 28 (2)—

        (a)     if—

              (i)     the person has been served with an infringement notice for the offence; and

              (ii)     the person has not done anything mentioned in the Act, section 26 (2) in relation to the infringement notice; and

              (iii)     the time for doing something under that section, including any extension of time previously given under the Act, section 29, (the allowed time ) has not ended; or

        (b)     if—

              (i)     the person has been served with a reminder notice in relation to an infringement notice for the offence; and

              (ii)     the person has not done anything mentioned in the Act, section 28 (2) in relation to the reminder notice; and

              (iii)     the time for doing something under that section including any extension of time given under a previous application of the Act, section 29, (the allowed time ) has not ended.

    (2)     An application must be—

        (a)     in writing; and

        (b)     include any information required by the administering authority; and

        (c)     given to the authority before the end of the allowed time.

Note 1     If a form is approved under the Act, s 225 for this provision, the form must be used.

Note 2     See the Act, s 29 (2) and (3) for what the administering authority must do on receiving an application.

    (3)     If the administering authority refuses an application, the person must do something mentioned in the Act, section 26 (2) or section 28 (2) not later than—

        (a)     7 days after the person is told about the decision; and

        (b)     28 days after the notice to which the application relates was served.

14D     Extension of time—application out-of-time—Act, s 29 (5)

    (1)     A person may apply to the administering authority for an extension of time to do something mentioned in the Act, section 26 (2) or section 28 (2) if—

        (a)     the person has been served with a reminder notice in relation to an infringement notice for the offence; and

        (b)     the person has not done anything mentioned in the Act, section 28 (2) in relation to the reminder notice; and

        (c)     the time for doing something under that section including any extension of time given under a previous application of the Act, section 29, has ended.

    (2)     An application must—

        (a)     be in writing; and

        (b)     state the special circumstances relied on; and

        (c)     include any other information required by the authority.

Note 1     If a form is approved under the Act, s 225 for this provision, the form must be used.

Note 2     See the Act, s 29 (2) and (3) for what the administering authority must do on receiving an application.

    (3)     The administering authority must allow the application if it reasonably believes special circumstances justify allowing an extension of time.

    (4)     If the administering authority refuses an application, the person must do something mentioned in the Act, section 26 (2) or section 28 (2) not later than 7 days after the person is told about the decision.

14E     Maximum amount of extended time allowed—
Act, s 29 (5)

The maximum amount of time the administering authority may allow on an application under section 14C or section 14D is as follows:

        (a)     for an application to extend the time to do a thing mentioned in the Act, section 26 (2)—6 months;

        (b)     for an application to extend the time to do a thing mentioned in the Act, section 28 (2)—6 months.

14F     Illegal user declaration—Act, s 21A, def illegal user declaration, par (b)

The following information is prescribed:

        (a)     if the person is an individual—a statement to the effect that the person was not the person who was in possession or control of the vehicle at the time of the offence;

        (b)     if the vehicle was stolen or illegally used or taken—

              (i)     the date and time when the vehicle was first noticed to be stolen or illegally used or taken; and

              (ii)     the name and home address or business address of each person who had access to the vehicle before it was stolen or illegally used or taken; and

              (iii)     the last place the vehicle was known to be parked before it was stolen or illegally used or taken; and

              (iv)     the name and home address or business address of each person who had access to the vehicle before it was stolen or illegally used or taken; and

              (v)     the name and home address or business address of the person last known to have lawfully used the vehicle before it was stolen or illegally used or taken;

        (c)     when and to whom the vehicle was reported to be stolen;

        (d)     if the responsible person knows the name or home address or business address of the person who illegally used or took the vehicle—that person's name or home address or business address.

Note 1     The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.

Note 2     It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

14G     Known user declaration—Act, s 21A, def known user declaration, par (c)

The following information is prescribed:

        (a)     if the person is an individual—a statement to the effect that the person was not the person who was in possession or control of the vehicle at the time of the offence;

        (b)     the name and home address or business address of the person (the known user ) who was the person who was in possession or control of the vehicle at the time of the offence;

        (c)     the circumstances in which the known user was in possession or control of the vehicle at the time of the offence.

Note 1     The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.

Note 2     It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

14H     Sold vehicle declaration—Act, s 21A, def sold vehicle declaration, par (c)

The following information is prescribed:

        (a)     a statement to the effect that the vehicle (or all the person's interest in the vehicle) was sold or otherwise disposed of by the person, or any interest in the vehicle ceased to be vested in the person, before the time of the offence;

        (b)     a statement to the effect that, at the time of the offence, the person did not have possession or control of the vehicle;

        (c)     the relevant facts supporting the information mentioned in paragraphs (a) and (b), including—

              (i)     the name and home address or business address of the person (the buyer ) to whom the vehicle (or the person's interest in the vehicle) was sold or disposed of; and

              (ii)     if the buyer is not an individual—the buyer's ABN or ACN, if applicable; and

              (iii)     the date and, if relevant to the offence, time of the sale or disposal; and

              (iv)     if an agent made the sale or disposal for the person—the agent's name and home address or business address; and

              (v)     whether the person had any interest in the vehicle at the time of the offence;

        (d)     that the person completed and signed an application for transfer of registration as disposer of the vehicle and gave the completed form to the buyer;

Note     See the Road Transport (Vehicle Registration) Regulation 2000 , s 73 for obligations of disposers of vehicles.

        (e)     whether the person told the road transport authority that the person disposed of the vehicle.

Note 1     The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.

Note 2     It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

14I     Unknown user declaration—Act, s 21A, def unknown user declaration, par (c)

The following information is prescribed:

        (a)     if the person is an individual—a statement explaining why the person did not have possession or control of the vehicle at the time of the offence;

        (b)     if the person is a corporation—a statement about whether or not the vehicle was being used for an approved corporate use at the time of the offence;

        (c)     a statement explaining why the person could not find out the identity of the person who was in possession or control of the vehicle at that time;

        (d)     a statement about the steps, including any inquiries, the person has taken to establish the identity of the person who was in possession or control of the vehicle at that time;

        (e)     the name and home address or business address of the last person known to the responsible person to have been the person who was in possession or control of the vehicle;

        (f)     the name and home address or business address of each person who at that time had access to the vehicle.

Note 1     The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.

Note 2     It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

14J     Contents of suspension warning notice—Act, s 42 (2) (a) (iii)

The following information is prescribed:

        (a)     the date of the notice;

        (b)     the corporation's name, ACN (if known) and business address;

        (c)     the demerit points offence to which the notice relates, including the date and time when, and the place where, the offence occurred;

        (d)     that the corporation has not taken 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 at the time of the demerit points offence;

        (e)     that the infringement notice for the demerit points offence has not been withdrawn;

        (f)     that any suspension action takes effect on the suspension date and continues until the time stated in the Act, section 42 (6).

14K     Contents of suspension confirmation notice—Act, s 42 (4) (d)

The following information is prescribed:

        (a)     the date of the notice;

        (b)     the corporation's name, ACN (if known) and business address;

        (c)     the demerit points offence to which the notice relates, including the date and time when, and the place where, the offence occurred;

        (d)     that the corporation has not taken all reasonable steps to assist the administering authority to identify the individual in possession or control of the corporation's vehicle at the time of the demerit points offence;

        (e)     that the infringement notice for the demerit points offence has not been withdrawn.

14L     Content of suspension notice—Act, s 44 (3) (c)

The following information is prescribed:

        (a)     the date of the notice;

        (b)     the name and home address or business address of the person;

        (c)     that the infringement notice penalty to which the notice relates has not been paid, and the notice has not been withdrawn;

        (d)     that any suspension action takes effect on the suspension date and continues until the suspension is revoked under the Act, part 3.

[1.14]     Section 16

omit

[1.15]     Schedule 1, part 1.7, item 2

omit

[1.16]     Schedule 1, part 1.7, item 3

substitute

3

43B (1)

drive interstate corporate vehicle when right to drive vehicle in ACT suspended under s 42

20

440


[1.17]     Schedule 1, new part 1.9

insert

Part 1.9     Road Transport (Offences) Regulation 2005

column 1

item

column 2

offence provision and, if relevant, case

column 3

short description

column 4

offence penalty (pu)

column 5

infringement penalty ($)

column 6

demerit points

1

12 (4)

do something to prevent responsible person receiving/reading infringement notice on vehicle

20

275


Part 1.5     Road Transport (Vehicle Registration) Regulation 2000

[1.18]     New section 28 (ca)

insert

        (ca)     for 2 individuals seeking to be recorded as registered operators of the same light vehicle—the name and address of the individual who is to be the contact person for the service of notices under the road transport legislation in relation to the vehicle; and

[1.19]     New section 162 (5) (d)

insert

        (d)     the individual nominated as the contact person for the service of notices relating to the vehicle is taken to be the responsible person for the vehicle for an infringement notice offence involving the vehicle.



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