ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION REGULATIONS 2000 2000 NO. 181 - REG 12.62 Liability of owner of vehicle etc for offences

Commonwealth Numbered Regulations

Liability of owner of vehicle etc for offences

(1): The owner of a motor vehicle at the time when an offence relating to the motor vehicle under these Regulations is committed is taken to have committed the offence.

(2): However, the owner of the motor vehicle is not taken to have committed the offence if:

(a): the motor vehicle was, at the time of the offence, stolen or illegally taken or used; or
(b): for an owner who is not a body corporate — within 14 days after the date of a notice served under the relevant provision, or within 14 days after service of a summons for the alleged offence, the owner gives to the Director a statutory declaration made by him or her stating:

(i): that it is made for this regulation; and
(ii): that he or she was not in charge of the motor vehicle at the time of the alleged offence; and
(iii): the name and address of the person who was in charge of the motor vehicle at that time; or

(c): for an owner who is a body corporate — within 14 days after the date of a notice served under the relevant provision or within 14 days after service of a summons for the alleged offence, a director, manager or secretary of the body corporate gives to the Director a statutory declaration made by him or her stating:

(i): that it is made for this regulation; and
(ii): that the motor vehicle was not being used for the body corporate at the time of the alleged offence; and
(iii): the name and address of the person who was in charge of the motor vehicle at that time.

(3): If an infringement notice has been served under regulation 14.03, or a summons has been served, on the owner of a motor vehicle for an alleged offence under these Regulations, the owner may:

(a): for an owner who is a not a body corporate — within 14 days after the date of the notice or service of the summons give to the Director a statutory declaration made by him or her or by a person having knowledge of the facts stating:

(i): that it is made for this regulation; and
(ii): that the owner was not in charge of the motor vehicle at the time of the alleged offence; and
(iii): that he or she has not been able to find out who was in charge of the motor vehicle at that time; and
(iv): the nature of the inquiries made to find out the name and address of the person who was in charge of the motor vehicle at that time; or

(b): for an owner who is a body corporate — a director, manager or secretary of the body corporate may, within 14 days after the date of the notice or service of the summons, give to the Director a statutory declaration made by him or her or by a person having knowledge of the facts stating:

(i): that it is made for this regulation; and
(ii): that, to his or her knowledge, from the facts as set out in the declaration, the motor vehicle was not being used for the body corporate at the time of the alleged offence; and
(iii): that he or she has not been able to find out who was in charge of the motor vehicle at that time; and
(iv): the nature of the inquiries made to find out the name and address of the person who was in charge of the motor vehicle at that time.

(4): At the hearing of a prosecution for an offence under regulation 12.44, 12.48 or 12.54 against the owner of a motor vehicle:

(a): if the owner has given a statutory declaration under paragraph (3) (a) — the court must dismiss the charge if it is satisfied (whether on the statements contained in the statutory declaration or otherwise) that:

(i): the owner was not in charge of the motor vehicle at the time of the alleged offence; and
(ii): the inquiries made to find out the name and address of the person who was in charge of the motor vehicle at that time were reasonable in the circumstances of the case and were carried out with due diligence; or

(b): if a director, manager or secretary of the owner has given a statutory declaration under paragraph (3) (b) — the court must dismiss the charge if it is satisfied (whether on the statements contained in the statutory declaration or otherwise) that:

(i): the motor vehicle was not being used for the body corporate at the time of the alleged offence; and
(ii): the inquiries made to find out the name and address of the person who was in charge of the motor vehicle at that time were reasonable in the circumstances of the case and were carried out with due diligence.

(5): At the hearing of a prosecution for an offence against regulation 12.44, 12.48 or 12.54, a certificate signed by the Director stating that a person named in the certificate has not, in relation to that offence, given the Director a statutory declaration for a provision of this regulation is evidence of the matter so stated.
(6): For subregulation (5), a document that purports to have been signed by the Director is to be taken to have been so signed unless the contrary is proved.
(7): This regulation does not affect the liability of an actual offender other than the owner of the motor vehicle, but:

(a): the owner and the actual offender must not both be liable for the same offence; and
(b): if a penalty has been imposed on a person for an offence under regulation 12.44 , 12.48 or 12.54, a further penalty must not be imposed on or recovered from another person for the same offence.

"owner", for a motor vehicle, means:

(a): if the motor vehicle is registered under a law of a State or Territory for the registration of motor vehicles — the registered owner; or
(b): for any other motor vehicle — the person who is legally entitled to possession of the motor vehicle.

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