Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) Subject to this section, where a person in or on a motor vehicle or boat registered under a law of the Territory relating to motor vehicles or boats commits an offence against this Act, the registered owner of the motor vehicle or boat at the time of the alleged offence or, if the registered owner was not, at that time, the driver of the motor vehicle or boat, the person who was the driver shall be deemed to have committed the offence.
(2) In a prosecution for an offence against this Act:
(a) a document purporting to be issued by the Registrar of Motor Vehicles bearing his written, stamped or printed signature and stating that during a specified period, or on a specified date, a person named in the document was the registered owner of a specified motor vehicle is evidence of the matters stated in the document without proof of the signature; and
(b) a document purporting to be issued by the Darwin Port Authority stating that during a specified period, or on a specified date, a person named in the document was the registered owner of a specified boat is evidence of the matters stated in the document without proof of the signature.
(3) Nothing in this section affects the liability of an actual offender other than the registered owner or driver of a motor vehicle or boat, but the owner and driver shall not be liable for the same offence against this Act if the actual offender is found guilty for that offence.
(4) The owner of a motor vehicle or boat shall not be deemed to have committed an offence against this Act if the motor vehicle or boat was, at the time of the alleged offence, stolen or illegally taken or used.
(5) An officer may serve, by post or otherwise, on the registered owner of a motor vehicle or boat a notice in writing in accordance with this section.
(6) A notice under subsection (5) shall:
(a) identify the motor vehicle or boat by the number-plate affixed to it or by its registration markings;
(b) state in general terms the nature, time, date and place of the alleged offence; and
(c) contain a notification that the registered owner may make a statutory declaration as provided by subsection (7).
(7) The registered owner or driver of a motor vehicle or boat shall not, unless the contrary is proved, be deemed to have committed an offence against this Act if, within 14 days after service of the notice referred to in subsection (6) or of the summons in respect of the alleged offence, he furnishes to a person, if any, specified in the notice, or, in any other case, to the Commissioner of Police, a statutory declaration made by him stating:
(a) that it is made for the purposes of this section; and
(b) that he was not the person who actually committed the offence, and the name and address of the person who actually committed the offence or was the driver of the motor vehicle or boat at the time of the alleged offence.
(8) Where the registered owner of a motor vehicle or boat is a body corporate, the body corporate shall not, unless the contrary is proved, be deemed to have committed an offence against this Act if, within 14 days after service of the notice referred to in subsection (6) or of the summons in respect of the alleged offence, a director, manager or secretary of the body corporate furnishes to a person, if any, specified in the notice, or, in any other case, to the Commissioner of Police, a statutory declaration made by him stating:
(a) that it is made for the purposes of this section;
(b) that the motor vehicle or boat was not being used for the purposes of the body corporate at the time of the alleged offence; and
(c) the name and address of the person who was the driver of the motor vehicle or boat at that time or actually committed the offence.
(9) At the hearing of a prosecution for an offence against this Act against the registered owner of a motor vehicle or boat, the court shall dismiss the charge if it is satisfied (whether on a statutory declaration or otherwise) that the registered owner was not the person who actually committed the offence.
(10) At the hearing of a prosecution for an offence against this Act against the driver of a motor vehicle or boat, the court shall dismiss the charge if it is satisfied that the driver was not the person who actually committed the offence.