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ROAD LEGISLATION (PROJECTS AND ROAD SAFETY) ACT 2006 (NO 81 OF 2006) - SECT 21

Duty of owner or responsible person to give information in relation to a motor vehicle

    (1)     In section 60(1) of the Road Safety Act 1986

        (a)     after "a motor vehicle" insert ", or a relevant nominated person in relation to a motor vehicle,";

        (b)     for "he or she" substitute "the person";

        (c)     for "the owner" substitute "the person";

        (d)     after "occasion" insert "or had possession or control of the motor vehicle on any occasion".

    (2)     After section 60(1) of the Road Safety Act 1986 insert

    '(1A)     For the purposes of sub-section (1) "a relevant nominated person" means a person nominated in an effective known user statement (within the meaning of Part 6AA) or sold vehicle statement (within the meaning of that Part) as being the responsible person (within the meaning of that Part) in relation to a motor vehicle at the time when the motor vehicle was involved in an offence that is an operator onus offence for the purposes of that Part.'.

    (3)     Before section 60(2) of the Road Safety Act 1986 insert

    "(1B)     A member of the police force who is acting in the execution of duty may require any person whom the member believes on reasonable grounds to have had possession or control of a motor vehicle on a particular occasion to give any information which it is within the power of the person to give and which may lead to the identification of any person who was the driver of the motor vehicle on that occasion or had possession or control of the motor vehicle on that occasion.

    (1C)     A person who, without reasonable excuse, refuses or fails to comply with a requirement made under sub-section (1B) is guilty of an offence.".

    (4)     After section 60(3) of the Road Safety Act 1986 insert

    "(4)     A requirement under this section may be made orally or in writing.

    (5)     A written requirement may be sent by post addressed to the person to whom it is made at the person's home address or at an authorised address (within the meaning of section 163A of the Infringements Act 2006 ).

    (6)     A written requirement sent by post to a person at an authorised address (within the meaning of section 163A of the Infringements Act 2006 ) and returned undelivered to its sender is deemed to be served 14 days after the date specified in the requirement as the date of the requirement, despite it being returned to its sender as undelivered.

    (7)     Sub-section (6) has effect despite anything to the contrary in section 49(1) of the Interpretation of Legislation Act 1984 .".



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