(5) In
a proceeding for the offence against the prescribed person, a court must not
find the prescribed person guilty of the offence if it is satisfied, whether
on the statements contained in the declaration or otherwise, the prescribed
person did not deposit the waste at the relevant time and date.
"relevant time and date" means the time and date stated in the infringement
notice as the time and date of the vehicle littering or illegal dumping
offence.