Western Australian Consolidated Acts

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BOTANIC GARDENS AND PARKS AUTHORITY ACT 1998 - SECT 49

49 .         Onus of proof in vehicle offences may be shifted

        (1)         In this section — 

        vehicle offence means an offence against the regulations of which the use, driving, parking, standing or leaving of a vehicle is an element.

        (2)         Where a vehicle offence is alleged to have been committed and the identity of the person committing the alleged offence is not known and cannot immediately be ascertained a park management officer may give the owner of the vehicle a notice under this section.

        (3)         The notice is to be in the prescribed form and is to contain particulars of the alleged offence and require the owner to identify the person who was the driver or person in charge of the vehicle at the time when the offence is alleged to have been committed.

        (4)         The notice may be addressed to the owner of the vehicle without naming, or stating the address of, the owner and may be given by — 

            (a)         attaching it to the vehicle or leaving it in or on the vehicle at or about the time that the alleged offence is believed to have been committed; or

            (b)         giving it to the owner within 21 days after the alleged offence is believed to have been committed.

        (5)         The notice is to include a short statement of the effect of subsection (6).

        (6)         Unless, within 28 days after being served with the notice, the owner of the vehicle — 

            (a)         informs the Authority or a member of staff authorised for the purposes of this paragraph as to the identity and address of the person who was the driver or person in charge of the vehicle at the time the offence is alleged to have been committed; or

            (b)         satisfies the Authority that the vehicle had been stolen or unlawfully taken, or was being unlawfully used, at the time the offence is alleged to have been committed,

                the owner is, in the absence of proof to the contrary, deemed to have committed the offence.



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