Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) If the driver of a motor vehicle is alleged to have committed an offence against the road transport legislation—
(a) the responsible person for the vehicle, or the person in possession of the vehicle, must, when required to do so by a police officer or authorised person, give information (which must, if so required, be given in the form of a written statement signed by the person) about the name and home address of the driver at the time of the offence; and
(b) anyone else must, when required to do so by a police officer or authorised person, give any information that the person can give that may lead to the identification of the driver.
Maximum penalty:
(a) for an offence against the Road Transport (Safety and Traffic Management) Act 1999
, section 5C (Failing to stop motor vehicle for police), for a first offender—100 penalty units, imprisonment for 12 months or both; or
(b) for an offence against the Road Transport (Safety and Traffic Management) Act 1999
, section 5C, for a repeat offender—300 penalty units, imprisonment for 3 years or both; or
(c) in any other case—20 penalty units.
(2) It is a defence to a prosecution for an offence against subsection (1) (a) if the defendant establishes that the defendant did not know and could not with reasonable diligence have found out the driver's name and home address.
(3) If—
(a) a written statement purporting to be given under subsection (1) (a) is produced in court in a prosecution of the person named in the statement as the driver of a vehicle at the time of an alleged offence against the road transport legislation; and
(b) the person does not appear before the court; and
(c) a copy of the statement was served on the person before the proceeding was begun;
the statement is evidence without proof of signature that the named person was the driver of the vehicle at that time.