Document ID: chunk:federal_register_of_legislation:F2019C00912:reg:86k:p2
Version: federal_register_of_legislation:F2019C00912
Segment Type: reg
Provision Reference: reg 86K (pt 2/2)
Character Range: 94764–96622

time; and
 (b) either:
 (i) gives notice in accordance with subsection (13) of the name and address of the person who was in charge of the motor vehicle at the relevant time; or
 (ii) satisfies the court dealing with the offence that the owner did not know, and could not with reasonable diligence have ascertained, that name and address.
 (10) A notice under subsection (9) is, in proceedings against the person named in the notice for an offence under subsection (2) or (3), evidence that the person was driving the motor vehicle at the relevant time.

Exception for driver when not offender
 (11) Paragraph (4)(a) does not apply if the driver:
 (a) gives notice in accordance with subsection (13) of the name and address of the passenger in the motor vehicle who discarded the fire risk object; or
 (b) satisfies the court dealing with the offence that the driver did not discard the fire risk object and did not know, and could not with reasonable diligence have ascertained, the name and address of the passenger who discarded the fire risk object.
 (12) A notice under subsection (11) is, in proceedings against the person named in the notice for an offence under subsection (2) or (3), evidence that the person discarded the fire risk object from the motor vehicle.

Notice given by owner or driver
 (13) A notice for the purposes of subparagraph (9)(b)(i) or paragraph (11)(a) must be:
 (a) verified by statutory declaration; and
 (b) given to the prosecutor within 28 days after service of the summons or court attendance notice for the offence.

Application of terms used in the Road Transport Act 2013 (NSW)
 (14) A term used in this section has the same meaning as in the Road Transport Act 2013 (NSW), as in force at the time the Jervis Bay Territory Rural Fires Amendment (Miscellaneous Measures) Ordinance 2019 commenced.

Part 5—Miscellaneous