Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) In this part:
"approved community work or social development program" means a community work or social development program approved under section 31D (Approval of community work or social development program).
"heavy vehicle infringement notice offence" (or "HVINO") means an infringement notice offence against the Heavy Vehicle National Law (ACT)
.
"illegal user declaration" means a written statement made by a responsible person for a registrable or rail vehicle in relation to an infringement notice offence involving the vehicle that includes—
(a) a statement that, at the time of the offence, another person was in possession or control of the vehicle without the consent of an owner of the vehicle; and
(b) any information prescribed by regulation.
"infringement notice"—see section 24 (7).
"infringement notice declaration" means any of the following:
(a) an illegal user declaration;
(b) a known user declaration;
(c) a sold vehicle declaration;
(d) an unknown user declaration.
Note 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).
"infringement notice management plan"—see section 31A.
"known user declaration "means a written statement made by a person in relation to an infringement notice offence involving a registrable or rail vehicle that includes—
(a) either—
(i) if the person is the responsible person for the vehicle—
(A) a statement that, at the time of the offence, the person was not in possession or control of the vehicle; and
(B) sufficient information to identify and locate the person last known to be in possession or control of the vehicle; or
(ii) if the person is not the responsible person for the vehicle—a statement that, at the time of the offence, the person was in possession or control of the vehicle; and
(b) any information prescribed by regulation.
"registrable or rail vehicle" means—
(a) a registrable vehicle; or
(b) a light rail vehicle.
"relevant circumstances", of a person, means any of the following circumstances that relate to the person and contribute to the person's ability to pay an infringement notice penalty:
(a) mental illness or mental disorder;
(b) disability, disease or illness;
(c) addiction to drugs, alcohol or another substance;
(d) family violence;
(e) homelessness, or living in crisis, transitional or supported accommodation;
(f) anything else prescribed by regulation.
"reminder notice"—see section 27 (2).
"responsible director-general "means the director-general responsible for the Crimes (Sentence Administration) Act 2005
, part 6.2 (Good behaviour—community service work).
"sold vehicle declaration "means a written statement made by a person in relation to an infringement notice offence involving a registrable vehicle that includes—
(a) a statement that the person had sold or otherwise disposed of the vehicle or any interest in the vehicle before the time of the offence and was not in possession or control of the vehicle at the time of the offence; and
(b) sufficient information to identify and locate the person to whom the vehicle was sold or disposed of or in whom an interest otherwise vested; and
(c) any information prescribed by regulation.
"unknown user declaration "means a written statement made by a person in relation to an infringement notice offence involving a registrable or rail vehicle that includes—
(a) a statement that the person—
(i) was not in possession or control of the vehicle at the time of the offence; and
(ii) does not know the identity of the person who was in possession or control of the vehicle at that time, despite genuine efforts to identify that person; and
(b) a statement about the efforts made by the person to identify the person in possession or control of the vehicle at the time of the offence; and
(c) any information prescribed by regulation.
(2) In this section:
"disability"—see the Disability Services Act 1991
, dictionary.
"mental disorder"—see the Mental Health Act 2015
"mental illness"—see the Mental Health Act 2015