high_tea wrote:Please cite the exact bit of this statute that reverses the onus of proof. I'm aware of some deeming provisions, but that's a whole nother thing.
This is the current Queensland Legislation - the other states no doubt have similar legisation. https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TrantOpRUA95.pdf
Transport Operations (Road Use Management) Act 1995 Chapter 5 Road use Part 7 Detection devices Section 114.
It is a defence to a camera-detected offence for a person to
(a) the person was not the driver of the vehicle at the time
the offence happened; and
And here is the amendment bill. https://www.legislation.qld.gov.au/Bill ... mdB96E.pdf
Reversal of Onus of Proof:
...Onus is then on the owner to prove that he or she was not the driver of the vehicle at the time of the offence.
You can argue until you are blue in the face, but the reality is that in the magistrates court where cases involving traffic offence are usually heard, the opinion of a police officer will be accepted unless you can prove otherwise.