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Clause 21 provides for evidence by certificate in proceedings for recovery of the fixed penalty. A certificate under this clause would be prima facie evidence of the identity of the registered owner of a motor vehicle and of non-payment of the fixed penalty in respect of a contravention specified in any particular notice served under clause 15(3).
Clause 22. Subclause (1) gives a discretion to a magistrate to award costs to a defendant where a complaint is dismissed. The costs which the Attorney General, as the complainant, may be ordered to pay to a defendant may vary from $20 to $400.
Subclause (2) makes it mandatory for a magistrate to make the following orders where a defendant (the registered owner) is ordered to pay the fixed penalty—
(a) an order for the payment of costs by the defendant of not less than $20 or more than $400 (subclause (2)(a)); and
(b) an order directing the Commissioner for Transport not to register transfer of ownership of the motor vehicle concerned in the proceedings or to re-license it so long as the defendant refuses or neglects to pay the fixed penalty and costs ordered to be paid. This order is to be served on the Commissioner if payment is not made by the defendant within 24 hours of the making of the order (subclauses (2)(b) and (3)).
An order under subclause (2)(b), when served on the Commis- sioner, is to remain in force until either the defendant satisfies the Commissioner that he has paid the sum adjudged to be paid (subclause (4)(a)) or the sum is recovered under clause 23. Where therefore such an order is outstanding in respect of a motor vehicle a purchaser of such vehicle would be unable to transfer it into his name in the register maintained by the Com- missioner and the vehicle may be seized under clause 23. In order to safeguard the interests of bona fide purchasers subclause (4)(b) provides that if a-prospective purchaser obtains a certificate from the Commissioner that no order under subclause (2) is outstanding against the vehicle, he may on completing the purchase, and during the validity of the certificate, register the vehicle in his name notwithstanding that an order is made in the meantime. A certificate issued under subclause (4)(b) remains valid for 72 hours.
Clause 23. This clause makes further provisions for the recovery of a sum adjudged to be paid in cases of default. If the sum remains unpaid for one month, a magistrate may, if satisfied that reasonable efforts to recover such sum have been
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