Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If an allegation
is made of a prescribed offence against this Act and an element of that
offence is the use, driving, parking, standing or leaving of a motor vehicle
and the identity of the driver or person in charge of the motor vehicle at the
time of the commission of that offence cannot be immediately established, an
infringement notice in respect of that allegation may be served under
section 18A(2) on the owner of the motor vehicle —
(a) at
his or her own last known place of residence or business; or
(b) by
leaving the infringement notice in or on, or attaching it to, the motor
vehicle.
(2) Where an
infringement notice is served on the owner of a motor vehicle in the
circumstances referred to in subsection (1), then, unless within the
period stated in the infringement notice or that period as
extended —
(a) the
modified penalty is paid; or
(b) the
owner —
(i)
identifies to an authorised officer the person who was
the driver or person in charge of the motor vehicle at the relevant time; or
(ii)
satisfies an authorised officer that, at the relevant
time, the motor vehicle had been stolen or unlawfully taken or was being
unlawfully used,
the owner is deemed to
be the driver or person in charge of the motor vehicle at the time of the
commission of the alleged offence.
(3) In this
section —
authorised officer means an authorised officer
appointed for the purposes of section 18A(2);
motor vehicle has the meaning given by the
Road Traffic Act 1974 .
[Section 18B inserted by No. 78 of 1994
s. 7.]