TECHNICAL NEWS: TRAFFIC CAMERA OFFENCES WHAT HAS CHANGED? Amendments to the Transport Operations Road Use Management Act 1995 (TORUM Act) now allows for an individual to transfer the liability of a camera-detected infringement offence by completing either a statutory declaration or submitting an online declaration. When completing the nomination process for an individual a postal address can now be inserted, whereas previously only a residential address was accepted. HOW DO YOU WITNESS A CAMERA-DETECTED OFFENCE STATUTORY DECLARATION? Justices of the Peace & Commissioners for Declaration should follow the procedure for witnessing statutory declarations as outlined in chapters 4.3 of the Duties of Justices of the Peace (Qualified) and Commissioners for Declarations handbooks. Further information can be found on the on the QJA website in the resource section in the members area. It is important to pay particular to the following when filling out a camera detected infringement Statutory Declarations: Name and address of the declarant (Top section) The declarant is to complete this section if: • They are the registered owner of the vehicle but were not the driver at the time of the offence. • They are completing the statutory declaration on behalf of a company and they are authorised by the company to do so. (Note: The declarant must record their position/title within the company structure on the declaration). • They were the driver of the vehicle at the time of the offence (self-nomination)
QJA Quarterly
Particulars of Person (nominee or mid-section): If the declarant is the registered owner of the vehicle but was not the driver at the time of the offence, they nominate the driver in this section by providing as much details of the driver as possible. If the declarant is self-nominating, they must record their own full particulars in the same section. The address can be defined for an individual as the usual place of residence, the postal address if different from the residence or for an individual that is business-related they can put the address of the business. For a corporation the address would be the head office, principal office or the registered office the corporation. They may also use a postal address. There will be times where the declarant won’t know the nominated individual current address. Under legislation the declarant is required to supply the last known address of the driver / individual in charge of the vehicle at the time of the camera detected offence occurred. If these details are missing, the statutory declaration will not be processed.
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