Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) This section applies if—
(a) an infringement notice for an infringement notice offence is served on a person under section 36 (Service of infringement notices on responsible people for vehicles); and
(b) the person makes a statutory declaration (an illegal user declaration ) stating that the vehicle was stolen, or illegally taken or used, at the time of the offence and providing all relevant facts supporting that statement, including details of where and when the matter was reported to the police; and
(c) the person gives the illegal user declaration to the administering authority within 28 days after the day when the infringement notice, or a reminder notice for the offence, is served on the person (or any additional time allowed by the administering authority).
(2) An infringement notice for the offence may be served under section 24 (Service of infringement notices generally) on the person (if any) stated in the illegal user declaration as the person (the named offender ) who was illegally in charge of the vehicle at the time of the offence.
(3) If a document (including an infringement notice or reminder notice) is to be served on the named offender under this part by post in relation to the offence, the document may be addressed to the named offender at his or her home or business address stated in the illegal user declaration.
(4) Sections 37 (Liability for infringement notice offences involving vehicles) and 39 (Known user declarations) apply as if the named offender were the responsible person for the vehicle at the time of the offence and the infringement notice had been served on the named offender under section 36.
(5) However, a proceeding for the offence may be brought in a court against the named offender only if a copy of the illegal user declaration has been served on the named offender by an authorised person.
(6) In a proceeding against the named offender for the offence, the illegal user declaration is evidence that the named offender was the driver of the vehicle at the time of the offence.