It is an offence against the Road Safety Act 1986 (RSA) section 60 for the owner of a motor vehicle or a relevant nominated person in relation to a motor vehicle, when required to do so by police acting in the execution of duty, to fail 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 any occasion or had possession or control of the motor vehicle on any occasion.
It is also an offence to fail to make all reasonable enquiries in order to obtain the information requested.
If you have been charged in relation to this offence or you are asked to nominate, you must seek advice prior to doing so. The ramifications could be incredibly severe if you make the wrong choice.
Previously, the offence carried a mandatory cancellation of any driver licence and learner permit for at least 2 years for a first offence, and, in the case of a subsequent offence, at least 4 years.
In a significant move, Victoria has witnessed a pivotal change in its Road Safety Act, particularly in Section 60(2). Previously, this section mandated an automatic loss of license for certain offences, creating a stringent penalty system.
However, recent legislative amendments have reshaped this landscape. The key alteration is the removal of the mandatory license disqualification clause. This change marks a substantial shift in how penalties are applied for the offences falling under Section 60(1).
The impact of this amendment is multifaceted. It introduces a more flexible approach to sentencing, allowing for a case-by-case evaluation of circumstances. Magistrates now possess greater discretion in determining the appropriate penalties for the offenses covered by this section. This could lead to a more nuanced and tailored approach to justice, considering individual circumstances and factors contributing to the offence.
It is important to note that while the amendment removes the mandatory license disqualification, it does not diminish the seriousness of the offenses under Section 60(1), and the court still has discretion as to whether or not disqualification of driver’s licences are warranted.
These legislative changes reflect an evolving understanding of justice and the recognition of diverse circumstances surrounding traffic offences.
As with any legal amendment, understanding the specifics, implications, and potential consequences of these changes remains crucial for both legal professionals and the general public.
If you have been charged with such an offence, it is important that you engage a lawyer who understands this legislation as soon as possible.
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