Western Australian Consolidated Acts

WESTERN AUSTRALIAN SPORTS CENTRE TRUST ACT 1986 - SECT 18D

18D .         Owner onus in relation to motor vehicles

        (1)         If an allegation is made of an offence against a regulation made under section 18A, where 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 18C(2) on the owner of the motor vehicle — 

            (a)         in any case, at the owner’s last known place of residence or business; or

            (b)         where the allegation is of an offence of which the parking, standing or leaving of the motor vehicle is an element, by leaving the infringement notice in or on, or attaching it to, the motor vehicle.

        (2)         When 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 under section 18C(11) for purposes other than to serve infringement notices under section 18C(2);

        motor vehicle has the meaning given by the Road Traffic Act 1974 ;

        owner in relation to a vehicle means the person who is the holder of the requisite vehicle licence under the Road Traffic Act 1974 in respect of that vehicle, or, if the vehicle is not licensed under that Act, the person who owns the vehicle or is entitled to its possession.

        [Section 18D inserted by No. 4 of 1997 s. 7.]