Australian Capital Territory Current Acts

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ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 53AA

Presumption against responsible person

If the responsible person for a registrable or rail vehicle involved in an infringement notice offence is served with an infringement notice for the offence, it is presumed in any proceeding against the person for the offence, unless the contrary is proved, that the responsible person was the individual in possession or control of the vehicle at the time of the offence.

Note     The responsible person for a registrable vehicle bears a legal burden of proving that the responsible person was not the individual in possession or control of the vehicle at the time of the offence (see Criminal Code

, s 59 (c)).



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