(1) This by-law applies if:
(a) an offence involving the use of a motor vehicle is committed; and
(b) the name of the offender is not known when the infringement notice is issued for the offence.
(2) The owner of the vehicle at the time the offence occurs is taken to have committed the offence even if the actual offender is someone else.
(3) However, the owner of the vehicle is not taken to have committed the offence if, within 28 days after receiving the infringement notice, the owner gives the Director a statutory declaration complying with:
(a) clause (4) or (5); and
(b) if the owner is a body corporate - clause (7).
(4) A statutory declaration complies with this clause if it states:
(a) the name and address of the natural person in control of the vehicle when the offence was committed; or
(b) if the name and address of that person are not known to the owner – all information known to the owner that may help in identifying or finding the person.
(5) A statutory declaration complies with this clause if it states facts establishing the vehicle had been stolen, or was being used without the owner's consent, when the offence was committed.
(6) If a statutory declaration made for clause (4) states that the owner had sold or otherwise disposed of the vehicle before the offence was committed, the statutory declaration must state the following:
(a) the name and address of the person to whom the vehicle was sold or disposed of;
(b) the date and, if relevant, the time of the sale or disposal;
(c) if the sale or disposal was made through an agent – the name and address of the agent.
(7) If the owner of the vehicle is a body corporate, a statutory declaration under clause (4) or (5) must be made by:
(a) if the owner of the vehicle is a body politic or statutory corporation – a person properly authorised for the purpose; or
(b) if the owner of the vehicle is another body corporate – a director, secretary or manager of the body.