2003

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Urban Services)

2003

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Urban Services)

An Act to amend the Road Transport (General) Act 1999

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Road Transport (General) Amendment Act 2003.

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This Act amends the Road Transport (General) Act 1999.

if the offence involved a vehicle—

(a) that an offence was committed; and

(4A) However, the court may make the declaration only if—

(a) the administering authority fails to prove that an offence was committed; or

(b) the person establishes one of the grounds mentioned in subsection (4B).

(4B) For subsection (4A) (b) the grounds are—

(a) that the vehicle was stolen, or illegally taken or used, at the time of the offence; or

(b) that the person made and gave to the administering authority a known user declaration in accordance with section 39 (Known user declarations) for the offence and, if the person is an individual, that someone else was the driver of the vehicle at the time of the offence; or

(c) that the vehicle (or all of the person’s interest in the vehicle) had been sold or disposed of by the person before the time of the offence, and that at that time the person did not have an interest in the vehicle; or

(d) that—

(i) the person was not the driver of the vehicle at the time of the offence; and

(ii) the person does not know, and could not with reasonable diligence have found out, the name and address of the driver of the vehicle at that time.

Presentation speech made in the Legislative Assembly on 2003.

Notified under the Legislation Act on 2003.

For the latest republication of amended laws, see www.legislation.act.gov.au.