Victorian Numbered Acts

ROAD SAFETY AMENDMENT (OPERATOR ONUS) ACT 2012 (NO. 75 OF 2012) - SECT 8

After section 84BE of the Road Safety Act 1986 insert —

        " 84BEA     Failure to give effective statement

    (1)     A body corporate must not fail to give an effective statement for the purposes of this Part in relation to 3 or more relevant infringement notices served on the body corporate within a 12 month period.

Penalty:     120 penalty units.

    (2)     For the purposes of subsection (1), a relevant infringement notice is an infringement notice (other than an infringement notice specified in subsection (4)) served on the body corporate in respect of an operator onus offence—

        (a)     committed by a person driving or in charge of a motor vehicle or trailer of which, at the time of the offence, the body corporate was the responsible person; and

        (b)     for which demerit points may be incurred.

    (3)     For the purposes of subsection (1), if the acceptance of a statement made by the body corporate in relation to the infringement notice is cancelled under section 84BF, the body corporate has failed to give an effective statement for the purposes of this Part.

    (4)     For the purposes of subsection (2), an infringement notice is not a relevant infringement notice if—

        (a)     the operator onus offence in respect of which the infringement notice is issued is heard in court and no finding of guilt is recorded against the person defending the charge; or

        (b)     the infringement notice is withdrawn or cancelled; or

        (c)     a charge-sheet charging the operator onus offence in respect of which the infringement notice is issued is filed but the charge is withdrawn or not proceeded with within 12 months after the charge-sheet is filed.

    (5)     In a proceeding for an offence against subsection (1), it is a defence if—

        (a)     in relation to one or more of the infringement notices that are the subject of the offence, the body corporate proves that—

              (i)     it had taken all reasonable steps to ensure it could identify the person who had possession or control of the motor vehicle or trailer, or of the motor vehicle to which the trailer was attached, in the event the motor vehicle or trailer was involved in an operator onus offence; and

              (ii)     its failure to give an effective statement in the relevant instance was due to exceptional circumstances; and

        (b)     without the inclusion of that infringement notice, or those infringement notices, the number of infringement notices for which the body corporate has failed to give an effective statement within the relevant 12 month period is 2 or less.

        84BEB     Date of failure to give effective statement and time for commencement of proceeding

s. 8

    (1)     The date on which a body corporate fails to give an effective statement for the purposes of this Part in relation to an infringement notice is—

        (a)     if the body corporate does not make a statement, the earlier of—

              (i)     the date on which the infringement penalty is paid;

              (ii)     the expiry of the period prescribed under section 84BE(1)(a) for making a statement; or

        (b)     if the body corporate makes a statement that is not accepted by an enforcement official as an effective statement, the date on which the enforcement official decides not to accept the statement; or

        (c)     if the body corporate makes a statement the acceptance of which is cancelled under section 84BF, the date on which the statement ceases to be an effective statement for the purposes of this Part.

    (2)     A proceeding against a body corporate for an offence against section 84BEA(1) may be commenced not later than 12 months after the latest of the dates determined under subsection (1) for the infringement notices that are the subject of the offence.".