The legislation governing a camera detected offence is based on ‘owner onus’. The registered owner, first registered owner or responsible operator of the vehicle concerned is responsible for the offence unless that person nominates another person in charge or driver of the vehicle within the respective legislative timeframes.

Under provisions of the Transport Operations (Road Use Management) Act 1995 - a person issued with a camera detected offence Infringement Notice may transfer liability for the offence by completing a statutory declaration and the statutory declaration must be provided to the Commissioner within 28 days of the issue date of the Infringement Notice (by the due date).

Legislation directly related to Statutory Declarations:

  • Transport Operations (Road Use Management) Act 1995
  • Oaths Act 1867
  • Criminal Code Act 1899

If you were not the person in charge or the driver of the vehicle at the time of alleged offence you may transfer liability for the offence by completing a statutory declaration. DO NOT PAY the penalty associated with the Infringement Notice as once payment is received, the demerit points are allocated to your driver’s licence history. You need to submit a fully and accurately completed statutory declaration to the Traffic Camera Office and the Infringement Notice will be transferred into the name of the person nominated. A blank statutory declaration is provided for you on the rear of the Infringement Notice.

NOTEA person, who provides a false statutory declaration, may be charged with an offence under the Criminal Code for falsely nominating a person as the driver or person in charge of a vehicle detected committing a camera detected offence. For associated penalties with this, see the Criminal Code Act 1899 (including Criminal Code):

https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/CriminCode.pdf

blank Statutory Declaration​ is located on this website.

Who can complete the Statutory Declaration?

  • The recipient (the person whose name is printed on the Infringement Notice).
     
  • An Executive (Owner, Manager, Secretary or Supervisor) of the Corporation/Company for Infringement Notices issued in the name of a Corporation/Company.
     
  • The driver / person in charge of the vehicle at the time of the offence. This is referred to as a self-nomination.
     
  • A person who has control of another person’s affairs such as ‘Power of Attorney’ or an ‘Executor of an Estate’. Certified copies of the document authorising you as the ‘Power of Attorney’ must accompany the completed statutory declaration.

How do I complete a statutory declaration?

If you are the Infringement Notice holder (the person whose name is printed on the Infringement Notice), the person you are nominating does NOT fill out or sign the declaration. Refer to the ‘How to complete a Self Nomination’ if the person you are nominating wants to complete the statutory declaration.

The person who is filling out the statutory declaration MUST ensure the person they are nominating was the actual person in charge or driver of the vehicle at the time of the offence.

Only one person can be nominated as the person driving or in charge of the vehicle at the time of the offence. In instances where a vehicle is left with more than one person, it is your responsibility to investigate and nominate a single person.

Please ensure the statutory declaration is legible and completed in black or blue pen (pencil will NOT be accepted). Any alterations / amendments (including white-out) made on the statutory declaration MUST be initialled by both the witness and person completing the statutory declaration. Any documents received by the Traffic Camera Office with alterations / amendments that have not been initialled by both parties will NOT be processed.

The Justice of the Peace or the Commissioner for Declarations or Solicitor is witnessing your signature as well as verifying that the details you are supplying are true and correct.

To locate a Justice of the Peace in your area please phone 1300 301 147.

A blank Statutory Declaration​ can be located on this website. Please print the form and complete all the details and forward the signed and witnessed statutory declaration before the due date to:

  Inspector
  Traffic Camera Office
  Queensland Police Service
  GPO Box 1440
  Brisbane QLD 4001

You may fax your statutory declaration to the Traffic Camera Office, however, you must ensure the statutory declaration is legible. If the information on the statutory declaration is illegible or the transmission is of poor quality, the statutory declaration will not be processed. The fax number is (07) 3099 6049.

If any of the details supplied on your submitted statutory declaration are missing, your statutory declaration may not be processed.

Below is an example of a blank statutory declaration. The example statutory declaration is colour coded. Refer to the matching colour below to receive instructions on how to complete each section of a statutory declaration.

 

The full particulars of the person (declarant) completing the statutory declaration including full name and current address.

 

Ensure the time and date of the alleged offence and the vehicle’s registration number are correct and complete.
The full name of the person or company (nominee) being nominated. Full name includes the first name and surname of the driver / person in charge of the vehicle at the time of the alleged offence. If the nominee is a corporation, the full name of the organisation / company who was in charge of the vehicle at the time of the alleged offence.

The full residential address of the person / corporation being nominated is required. A residential address is the address where a person resides, or where a corporation is located where mail can be delivered. Please include Unit / Flat numbers and property names (if relevant).

NOTEPO Box (Post Office Box) addresses are not acceptable. If you require the new Infringement Notice to be mailed to a Post Office Box address you need to request this in writing.

Extra information such as date of birth and driver licence numbers would be of assistance.

If your vehicle was sold or stolen (vehicle / plates) prior to the offence time and date, complete the required details in this section. If stolen, enter the police station or establishment and the date you reported the offence. For vehicles stolen in Queensland, please include the ‘QP’ number that was issued to you when you reported your stolen vehicle / plates.

You are required to sign the statutory declaration before either a Justice of the Peace, a Commissioner for Declarations or a Solicitor (In the state of Queensland). (Refer to ‘Who can witness a Statutory Declaration’ for further information).

The witness is required to fully complete the last section of the statutory declaration including their signature, location and state the statutory declaration is witnessed in, the date, their full name and their qualification.

How do I fill out a Statutory Declaration nominating myself as the driver?
(How to complete a Self Nomination)

The person who is filling out the Statutory Declaration MUST ensure they were the actual person in charge of the vehicle involved in the camera detected offence.

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Your full name and full residential address details are to be entered as the Declarant information (top section) of the statutory declaration.

Ensure the time and date of the alleged offence and the vehicle’s registration number is correct and complete.
Your full name and full residential address details are to be entered as the Nominee Details (mid section) of the Statutory Declaration. Your full name includes your first name and surname and your residential address is the address where you reside, where mail can be delivered. Please include Unit / Flat numbers and property names (if relevant).

NOTEPO Box (Post Office Box) addresses are not acceptable. If you require the new Infringement Notice to be mailed to a Post Office Box address you need to request this in writing.

Extra information such as date of birth and driver licence numbers would be of assistance.
You are required to sign the statutory declaration before either a Justice of the Peace, a Commissioner for Declarations or a Lawyer / Solicitor (In the state of Queensland). (Refer to ‘Who can witness a Statutory Declaration’ for further information).

Who can witness the statutory declaration?

In the state of Queensland:

• A Justice of the Peace;
• A Commissioner for Declarations;
• A Lawyer or Solicitor.

To locate a ‘Justice of the Peace’ in your area please phone 1300 301 147.

For interstate and overseas witnesses, please refer to a person who can administer an oath under the Law of your state, the commonwealth or country.

How long have I got to submit the statutory declaration?

A recipient of an Infringement Notice has 28 days from the issue date of the Infringement Notice to supply a fully completed statutory declaration to the Commissioner (before the due date).

To confirm if your statutory declaration will be accepted after the Date Due please contact the Traffic Camera Office on 1300360 610. Staff will advise you if this option is available to you.

The vehicle involved is registered in joint names. I am listed as the first registered owner, but the second owner was driving. Do I have to fill out a statutory declaration?

YES.  The infringement notice is issued to the person whose name appears first on the registration records for vehicles in joint ownership. To transfer the infringement notice into the driver’s name, fully complete the Statutory Declaration​ (refer to how to complete a statutory declaration) and mail it in to the Traffic Camera Office before the due date.

I don’t know the driver’s / person in charge’s current address?

Under legislation you are required to supply the last known address of the driver / person in charge of the vehicle at the time of the camera detected offence occurred.

If these details are missing upon submitting the statutory declaration to the Traffic Camera Office, the statutory declaration will NOT be processed.

I don’t know who was driving my vehicle when the offence occurred?

Legislation states that a registered owner or responsible operator of a vehicle is to know who was in control of their vehicle at all times.

How this is accomplished is the responsibility of the registered owner or responsible operator of the vehicle, however, the use of log books and records sheets may be of assistance.

You should not rely on the photographic evidence to identify the driver as the photograph may be taken of the rear of the vehicle involved.

When the vehicle registered in your name has been left in the care of another person (ie. when travelling overseas or hospitalisation) and you are not in a position to identify the driver, you are to nominate on statutory declaration the person you left your vehicle in the care of. That person then has the opportunity to nominate the actual driver at the time of the offence.

For further assistance please refer to the ‘Transport Operations (Road Use Management) Act 1995’.

https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TrantOpRUA95.pdf

Can I complete a Statutory Declaration on a paid Infringement Notice?

No. If the Infringement Notice has been paid, the Traffic Camera Office can no longer assist.