Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:7:p37
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 7 (pt 37/46)
Character Range: 318026–320407

service of a summons for the alleged offence, a director, manager or secretary of the body corporate gives to the Director a statutory declaration made by him or her stating:
 (i) that it is made for this regulation; and
 (ii) that the motor vehicle 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 motor vehicle at that time.
 (3) If an infringement notice has been served under regulation 14.03, or a summons has been served, on the owner of a motor vehicle for an alleged offence under these Regulations, the owner may:
 (a) for an owner who is a not a body corporate—within 14 days after the date of the notice or service of the summons give to the Director a statutory declaration made by him or her or by a person having knowledge of the facts stating:
 (i) that it is made for this regulation; and
 (ii) that the owner was not in charge of the motor vehicle at the time of the alleged offence; and
 (iii) that he or she has not been able to find out who was in charge of the motor vehicle 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 motor vehicle at that time; or
 (b) for an owner who is a body corporate—a director, manager or secretary of the body corporate may, within 14 days after the date of the notice or service of the summons, give to the Director a statutory declaration made by him or her or by a 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 motor 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 in charge of the motor vehicle 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 motor vehicle at that time.
 (4) At the hearing of a prosecution for an offence under regulation 12.44, 12.48 or 12.54 against the owner of a motor 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