See also Infringement Notice 2147291300
I have received an infrigement Notice, number 2149227212 dated 12/6/2025.
I also received an email of 12 June 2025, 1:29 pm that was in response to my online inquiry of 21 Apr 2025, 6:36 pm.
In that email was written:
“Please note, you cannot use the online declaration system for the purposes of submitting an unknown user declaration. You must submit a statutory declaration.”
Based on my viewing of the online website qld.gov.au/Nominate CameraFine, I agree that I cannot use the online declaration system for an unknown user declaration, because it has no provision for doing so.
However I disagree, that because of that, that I MUST submit a statutory declaration.
The definition of an unknown user declaration on the
State Penalties Enforcement Act 1999
Schedule 2 Dictionary states:
“unknown user declaration, for an offence involving a vehicle, means a statutory declaration, or an online declaration under the Transport Operations (Road Use Management) Act 1995, section 114(4)(b), stating— (a) if the owner is— (i) an individual—the owner was not in charge of the vehicle at the relevant time; or (ii) a corporation—the vehicle was not being used for the corporation at the relevant time; and (b) the person making the declaration has not been able to find out who was in charge of the vehicle at the relevant time; and ©the nature of the inquiries made to find out the name and address of the person in charge of the vehicle at the relevant time.”
Note the words “or an online declaration”
The Transport Operations (Road Use Management) Act 1995, section 114(4) states:
“(4) A defence under subsection (3) or (3A) is available only if the person notifies the commissioner, the chief executive or the SPEA administering authority about the matters in subsections (3) and (6) , or subsection (3A) , within the required time— (a) in a statutory declaration; or (b) in an online declaration.”
Note again the words “or in an online declaration.”
That is 2 pieces of legislation that state that a online declaration can be made.
It would appear that the online system does not allow for what the legislation allows.
I wish to make a online declaration for an unknown user declaration. Please tell me how?
Most of the questions I asked in my previous enquiry where not answered. Those that where not answered I had summarily repeated below.
The email that answered some of my questions appears to be providing information that is in contravention to the quoted legislation.
In particular, that I can not do a online declaration.
That same email also provided a list of items stating they “MUST” be included for a declaration to be considered. However the legislation does not mention some of those items. They being:
I believe that section 114 (6) (a) and (b) of the TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 cover what MUST be considered, and it makes no mention of those items
Therefore is the instructions in the email I received wrong?
These are the questions I asked in the previous inquiry that were unanswered:
Please answer all those questions.