Document ID: chunk:federal_register_of_legislation:F2024C00895:reg:155a:p3
Version: federal_register_of_legislation:F2024C00895
Segment Type: reg
Provision Reference: reg 155A (pt 3/4)
Character Range: 190184–192678

person having knowledge of the facts stating:
 (i) that it is made for this regulation; and
 (ii) that, to his or her knowledge, from the facts as set out in the declaration, the vehicle was not being used for the body corporate at the time of the alleged offence; and
 (iii) that he or she has not been able to find out who was the driver of the vehicle at that time; and
 (iv) the nature of the inquiries made to find out the name and address of the person who was the driver of the vehicle at that time.
 (4) At the hearing of a prosecution for an infringement notice offence under Division 2, 3 or 4 of Part 4 against the owner of a 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 the driver of the 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 the driver of the 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 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 the driver of the vehicle at that time were reasonable in the circumstances of the case and were carried out with due diligence.
 (5) This regulation and regulations 146 and 155B apply as if a person named in a statutory declaration given under paragraph (2)(d) or (e) as the person to whom a vehicle was sold or otherwise disposed of were the owner of the vehicle from the time of the sale or disposal.
 (6) At the hearing of a prosecution for an infringement notice offence under Division 2, 3 or 4 of Part 4, a certificate issued by the airport‑operator company for the airport where the offence is alleged to have been committed stating that a person named in the certificate has not, in relation to that offence, given the airport‑operator company a statutory declaration for a provision of this regulation is evidence of the matter so stated.
 (7) For subregulation (6), a document that purports to