Commonwealth Consolidated Regulations

INTERSTATE ROAD TRANSPORT REGULATIONS 1986 - REG 29A

         (1)   The owner of a motor vehicle or trailer may operate the motor vehicle or trailer, or allow it to be operated, only if it is operated as a vehicle of the type for which charge has been paid or, under subsection 5 (2) of the Charge Act, is taken to have been paid, in respect of its registration.

Penalty:   10 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note    For strict liability , see section 6.1 of the Criminal Code .

         (3)   It is a defence to a prosecution under subregulation (1) that the defendant had a reasonable excuse.

Note    A defendant bears an evidential burden in relation to whether or not he or she had a reasonable excuse (see subsection 13.3 (3) of the Criminal Code ).