Australian Capital Territory Repealed Acts

This legislation has been repealed.

MOTOR TRAFFIC ACT 1936 (REPEALED) - SECT 180M

(1)     This section applies if—

        (a)     an infringement notice for an infringement notice offence is served on a person under section 180E (Service of infringement notices on vehicle owners); and

        (b)     the person makes a statutory declaration (a ‘sold vehicle declaration') stating that the vehicle (or all of the person's interest in the vehicle) had been sold or otherwise disposed of by the person before the time of the offence and providing all relevant facts supporting that statement, including—

              (i)     the name and home or business address of the person (the ‘buyer') to whom the vehicle (or the person's interest in the vehicle) was sold or disposed of by the person; and

              (ii)     the date and, if relevant to the offence, time of the sale or disposal; and

              (iii)     if an agent made the sale or disposal for the person—the name and home or business address of the agent; and

              (iv)     whether the person had any interest in the vehicle at the time of the offence; and

        (c)     the person gives the sold vehicle declaration to the administering authority within 28 days after the day on which the infringement notice, or a reminder notice for the offence, is served on the person (or any longer time allowed by the administering authority).

(2)     An infringement notice for the offence may be served under section 180D (Service of infringement notices generally) on the buyer.

(3)     If a document (including an infringement notice or reminder notice) is to be served on the buyer under this Part by post in relation to the offence, the document may be addressed to the buyer at his or her home or business address stated in the sold vehicle declaration.

(4)     Sections 180J (Liability for infringement notice offences involving vehicles), 180L (Known user declarations) and this section apply as if the buyer were an owner of the vehicle at the time of the offence and the infringement notice had been served on the buyer under section 180E (Service of infringement notices on vehicle owners).

(5)     However, a proceeding for the offence may be commenced in a court against the buyer only if a copy of the sold vehicle declaration has been served on the buyer by an authorised person.

(6)     In a proceeding against the buyer for the offence, the sold vehicle declaration is evidence that the buyer was the owner of the vehicle at the time of the offence.