Document ID: chunk:federal_register_of_legislation:F2016C00708:clause:2_158
Version: federal_register_of_legislation:F2016C00708
Segment Type: clause
Provision Reference: sch 2 cl 158
Character Range: 227801–229137

158  Special defence for owners or operators
 (1) It is a defence to a charge for a road law offence alleged to have been committed by a person in the capacity of an owner or operator of a vehicle or combination if the person establishes that the vehicle or combination was being used at the relevant time by:
 (a) another person not entitled (whether by express or implied authority or otherwise) to use it, other than an employee or agent of the alleged offender; or
 (b) an employee of the alleged offender who was acting at the relevant time outside the scope of the employment; or
 (c) an agent (in any capacity) of the alleged offender who was acting at the relevant time outside the scope of the agency.
 (2) If the offence relates to a breach of a road law in connection with alleged deficiencies concerning the vehicle or combination, the defence is not available unless the alleged offender establishes that:
 (a) the vehicle or combination had not, before it ceased to be under the alleged offender's control, been driven on a road in Australia in breach of an Australian road law arising in connection with all or any of those alleged deficiencies; and
 (b) one or more material changes, resulting in the alleged breach, had been made after the vehicle or combination had ceased to be under the alleged offender's control.