Document ID: chunk:federal_register_of_legislation:F2024C00976:reg:43:p1
Version: federal_register_of_legislation:F2024C00976
Segment Type: reg
Provision Reference: reg 43 (pt 1/3)
Character Range: 47560–49977

43  Offences involving a vehicle or vessel—liability of owner
 (1) The owner of a vehicle or vessel at the time when an offence against this instrument relating to the vehicle or vessel (a relevant offence) is committed is taken to have committed the offence.

Known user declaration
 (2) However, the owner of the vehicle or vessel is not taken to have committed the relevant offence if:
 (a) the vehicle or vessel was, at the time of the offence, stolen or illegally taken or used; or
 (b) for an owner who is not a body corporate—within 14 days after service of an infringement notice or a summons for the offence, the owner makes, and gives to a Trust officer, a statutory declaration stating:
 (i) that it is made for this section; and
 (ii) that the owner was not in charge of the vehicle or vessel at the time of the alleged offence; and
 (iii) the name and address of the person who was in charge of the vehicle or vessel at that time; or
 (c) for an owner that is a body corporate—within 14 days after service of an infringement notice or a summons for the offence, a director, manager or secretary of the body corporate makes, and gives to a Trust officer, a statutory declaration stating:
 (i) that it is made for this section; and
 (ii) that the vehicle or vessel was not being used for the body corporate at the time of the alleged offence; and
 (iii) the name and address of the person who was in charge of the vehicle or vessel at that time.

Unknown user declaration
 (3) If an infringement notice, or a summons, has been served on the owner of a vehicle or vessel for a relevant offence:
 (a) if the owner is a not a body corporate—the owner (or another person having knowledge of the facts) may within 14 days after service of the notice or summons make, and give to a Trust officer, a statutory declaration stating:
 (i) that it is made for this section; and
 (ii) that the owner was not in charge of the vehicle or vessel at the time of the offence; and
 (iii) that the owner (and the declarant, if the declarant is not the owner) has not been able to find out who was in charge of the vehicle or vessel at that time; and
 (iv) the nature of the inquiries made to find out the name and address of the person who was in charge of the vehicle or vessel at that time; or
 (b) if the owner is a body corporate—a director, manager or secretary of the body corporate may, within 14 days after service of