Australian Capital Territory Current Acts

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MAGISTRATES COURT ACT 1930 - SECT 131E

Known offender declarations

    (1)     This section applies if—

        (a)     an infringement notice for a vehicle-related offence is served on a person under section 131B (Service of infringement notice on responsible person for vehicles); and

        (b)     the person makes a declaration (a known offender 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 did not commit 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; or

              (iii)     for a vehicle-related offence under an Act declared by regulation to be an Act to which this subparagraph applies—the person saw another named person (also the named offender ) do the act the subject of the offence and stating—

    (A)     the address of the named offender; and

    (B)     if the person does not know the other person's address—the reasons why the person does not know the address; and

        (c)     the person gives the known offender 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 120 (Service of infringement notices) 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 offender declaration.

    (4)     Section 131C (Liability for vehicle-related offences), this section and section 131F apply as if the named offender were the responsible person for the vehicle at the time of the offence and the infringement notice had been served on the named offender under section 131B.

    (5)     However, a proceeding for the offence may be brought in a court against the named offender only if a copy of the known offender 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 offender declaration is evidence that the named offender was the offender at the time of the offence.



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