Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:7:p38
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 7 (pt 38/46)
Character Range: 320159–322721

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.
 (8) In this regulation:
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.

12.63  Copy of statutory declaration to be served with summons
  If a person is named in a statutory declaration given under paragraph 12.62(2)(b) or (c) as being the person who was in charge of the motor vehicle at the time of an alleged offence