Western Australian Current Acts Western Australian Current Acts (1) If under
section 12(1) an infringement notice is served on a responsible person, the
responsible person is to be presumed to have been the driver or person in
charge of the vehicle at the time of the vehicle offence alleged in the notice
unless, within 28 days after the date of the infringement notice —
(a) the
modified penalty specified in the notice is paid; or
(b) the
responsible person informs an authorised officer specified in the notice that
the responsible person was not the driver or person in charge of the vehicle
at the time of the alleged offence and supplies the officer —
(i)
with the name and address of the driver or person in
charge of the vehicle at that time; or
(ii)
with information showing that at that time the vehicle
had been stolen or unlawfully taken or was being unlawfully used.
(2) If a responsible
person complies with subsection (1)(b) the infringement notice may be
withdrawn under section 15.
(3) If a responsible
person complies with subsection (1)(b) and an approved officer decides not to
withdraw the infringement notice under section 15, the approved officer must
advise the person of the decision.
(4) The presumption in
subsection (1) operates even if the responsible person is not an individual.
(5) The presumption in
subsection (1) operates, in the absence of evidence to the contrary, for the
purpose of enforcing the infringement notice and for the purpose of any
prosecution of the responsible person for the alleged offence.
(6) The presumption in
subsection (1) does not affect the liability of the person who actually
committed the offence but —
(a) the
responsible person and the actual offender cannot both be issued an
infringement notice or sentenced for the offence; and
(b) if
one of them pays a modified penalty or is sentenced for the offence, a
modified penalty paid by the other is to be refunded; and
(c) if
one of them is sentenced for the offence, a sentence must not be imposed on
the other for the offence.