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Contents (2012 - 96)
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Forestry Act 2012 No 96
Current version for 11 October 2019 to date (accessed 5 April 2020 at 08:20)
Part 6 Division 2 Section 82
82   Requirement for owner of motor vehicle and others to give information
(1916 Act, s 38B)
(1)  If an authorised officer suspects on reasonable grounds that the driver of a motor vehicle has committed an offence under this Act or the regulations, the authorised officer may—
(a)  require the owner of the vehicle, or the person in whose name it is registered, or the person having the custody of the vehicle, to give information (which must, if so required, be given in the form of a statement in writing, signed by that owner or person) as to the name and place of residence of the driver, or
(b)  require any other person to give any information that is in that person’s power to give and that may lead to the identification of the driver.
(2)  In a prosecution for an offence in respect of a failure or refusal to comply with a requirement under subsection (1)(a), it is a defence if the defendant satisfies the court that the defendant did not know and could not with reasonable diligence have ascertained the name or place of residence of the driver concerned, or both, as the case requires.
(3)  If a statement in writing purporting to be furnished under subsection (1)(a) and to contain particulars of the name and place of residence of the driver of a motor vehicle at the time of commission of an alleged offence is produced in any court in proceedings for the offence against the person named in the statement as the driver, the statement is, if that person does not appear before the court, evidence without proof of signature that the person was the driver of the vehicle at that time.