Australian Capital Territory Current Acts

ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 41

    (1)     In this division:

"all reasonable steps—"a corporation that is the registered operator of a motor vehicle takes all reasonable steps to assist the administering authority to identify and locate the individual who was in possession or control of the motor vehicle at the time of a demerit points offence involving the motor 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.

    (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).