Document ID: chunk:federal_register_of_legislation:F2024C00976:reg:43:p2
Version: federal_register_of_legislation:F2024C00976
Segment Type: reg
Provision Reference: reg 43 (pt 2/3)
Character Range: 49766–52220

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 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, to the knowledge of the declarant, from the facts as set out in the declaration, the vehicle or vessel was not being used for the body corporate at the time of the offence; and
 (iii) that the declarant and the body corporate have 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.
 (4) At a hearing of a prosecution for a relevant offence against the owner of a vehicle or vessel:
 (a) if a statutory declaration under paragraph (3)(a) has been given to a Trust officer—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 vehicle or vessel at the time of the offence; and
 (ii) 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 were reasonable in the circumstances of the case and were carried out with due diligence; or
 (b) if a statutory declaration under paragraph (3)(b) has been given to a Trust officer—the court must dismiss the charge if it is satisfied (whether on the statements contained in the statutory declaration or otherwise) that:
 (i) the vehicle or vessel was not being used for the body corporate at the time of the offence; and
 (ii) 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 were reasonable in the circumstances of the case and were carried out with due diligence.
 (5) At a hearing of a prosecution for a relevant offence, a certificate signed by a Trust officer stating that a person named in the certificate has not, in relation to that offence, given a Trust officer a statutory declaration under this section is prima facie evidence of the matters stated in the certificate.
 (6) A certificate that purports to have been signed by a Trust officer is to be taken to have been signed by the Trust officer unless