New South Wales Consolidated Acts

ROAD TRANSPORT ACT 2013 - SECT 190

190 Use of statutory declarations as evidence

(cf Gen Act, s 179(7A), (7B), (9) and (10))

(1) A statutory declaration supplied for the purposes of section 185, 186 or 189(3) or subsection (3), if produced in any proceedings against the person named in the declaration and in respect of the designated offence concerned, is admissible and is prima facie evidence--

(a) in the case of a statutory declaration relating to a parking offence--that the person was in charge of the vehicle at all relevant times relating to the parking offence, or

(b) in the case of a statutory declaration relating to a camera recorded offence--that the person was the driver of the vehicle at the time the offence occurred.

(2) A statutory declaration that relates to more than one designated offence does not constitute a statutory declaration under, or for the purposes of, section 185, 186 or 189(3) unless each of the offences is a camera recorded offence detected by the same camera device at approximately the same time.

Note : Transport for NSW may approve a nomination document under section 189(1) for use by a corporation instead of a statutory declaration that relates to more than one designated offence involving one or more vehicles for which the corporation is the responsible person. See section 189(2).

(3) A court or authorised officer may have regard to a statutory declaration that is provided by a person in deciding, for the purposes of section 185, 187 or 188(1) or (1A), whether the person did not know and could not with reasonable diligence have ascertained the nomination details of the person in charge of a vehicle.

(4) If a statutory declaration is provided by a person under subsection (3), it must include the matters (if any) prescribed by the statutory rules.