NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 158
Requirement for owner of motor vehicle and others to give information
NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 158
Requirement for owner of motor vehicle and others to give information
158 Requirement for owner of motor vehicle and others to give information
(1) Where the driver of a motor vehicle is alleged to be guilty of an offence
against this Act or the regulations, the Secretary or any other
officer of the Service, or any person duly authorised by the Minister in that
behalf, may--
(a) require the owner of the vehicle, or the person in whose
name it is registered, or the person having the custody of the vehicle, to
give forthwith information (which shall, if so required, be given in the form
of a statement in writing, signed by that owner or person) as to the name and
residential address of the driver, or
(b) require any other person to give
any information which it is in that other person's power to give and which may
lead to the identification of the driver.
(2) A person shall not--
(a) fail
or refuse to comply with a requirement under subsection (1), or
(b) in
purported compliance with such a requirement, give any information that is
false or misleading in a material particular.
Penalty: 10 penalty units.
(3)
In a prosecution for an offence in respect of a failure or refusal to comply
with a requirement under subsection (1) (a), it is a defence if the defendant
proves to the satisfaction of the court that the defendant did not know and
could not with reasonable diligence have ascertained the name or residential
address of the driver concerned or both, as the case may require.
(4) Where a
statement in writing purporting to be furnished under subsection (1) (a) and
to contain particulars of the name and residential address of the driver of a
motor vehicle at the time of commission of an alleged offence against this Act
or the regulations is produced in any court in proceedings against the person
named therein as the driver for the offence, the statement shall, if that
person does not appear before the court, be evidence without proof of
signature that the person was the driver of the vehicle at that time.