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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 150B
Proceedings for particular offences involving requirements about passengers
150B Proceedings for particular offences involving requirements about
passengers
(1) This section applies in relation to proceedings for an offence prescribed
under a regulation under this part that may be committed by a driver driving a
vehicle carrying passengers in contravention of a requirement that a passenger
be over a particular age or have a particular family relationship to the
driver.
(2) In relation to proof of whether the particular family
relationship existed between a passenger and the driver, a regulation may
prescribe— (a) that a belief of a police officer, on reasonable grounds,
that the relationship did not exist is sufficient evidence of that fact; and
(b) that the driver has the onus of proving the relationship did exist.
(3)
For subsection (2) (a) , the regulation may provide the belief mentioned in
that paragraph may be formed by the police officer after reasonable enquiries
made of the driver and passengers when the police officer finds the driver
driving the passengers or soon after.
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