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Statutory Declarations and Court Elections

Statutory declarations

Council may issue an infringement notice to the owner of any vehicle that is found in breach of the Queensland road rules or a local law. Council does not accept self-nomination declarations for parking offences.

In cases where the owner was not the driver or was not in charge of the vehicle at the time of the alleged offence, the owner may lodge a Statutory Declaration to Council (PDF 329 KB) stating the circumstances and provide the name and address of the person who was driver or new owner of the vehicle.

The statutory declaration must:

  • Be submitted in writing within 28 days of the date of issue of the infringement notice
  • Be witnessed by a Justice of the Peace or Commissioner for Declarations
  • State the name and current address of the person in charge of the vehicle at the time of the alleged offence, and
  • Include the infringement notice number and vehicle registration details

If satisfied with this information, Council may withdraw the infringement notice and may issue a new infringement notice to the person nominated as being in charge of the vehicle at the time of the offence.

Court hearing election

An alleged offender can request to have the matter dealt with by a Magistrates Court.

The Election for Court Hearing Notification should be completed on the rear of the infringement notice and returned to Council within 28 days from the date of issue of the infringement notice. A court election can only be submitted by the alleged offender and must be submitted in writing.

Please be aware that if the matter proceeds to court and you are found guilty of the offence, you may become liable for potential costs associated with a prosecution. These costs will include the compulsory offender levy and any other court ordered costs that are applied.

If you elect to have the matter heard in court, Council will arrange for a court date and serve a summons by registered post to attend court.

Complete the Application to Pay by Instalments or Election for Court Hearing Notification on page 2 of Options for Finalising Infringement Notices (PDF 140 KB).