Hi Bellpepper
What this particular part means that if 2(a)(i) applies or if 2(a)(ii) applies then 2(b) applies i.e. whether the vehicle is owned by an corporation or an individual (it can't be owned by both) then the subsection 2(b) about inquiring as to who was actually in charge of the vehicle will apply.
As to your second question, the general reasons why you would cite previous cases in court is that they are either binding on the Court that is hearing your case or that they provide guidance on how previous cases similar to yours have been decided. US decisions are not binding on Australian courts, and the US Constitution, laws and legal system are different, so citing US cases is unlikely to help you very much. You would be much better off looking for Australian cases.
Are you willing to tell us what the issue is with your case?
Thank you very much for your help. I am trying to understand as much as I can how the law works. This involves a speeding fine which I have been accused of, but I was not driving.
1. Is there any requirement by law for me to inform on another person who may have been driving my car at the time of the offence? I was not an eye-witness so if I were to say that I saw him or her driving over the speed limit, I would be lying. Therefore, I do not wish to make a declaration about who was driving. For all I know it could have been Barack O'Bama.
2. So in the legal system am I as a driver with a licence classed as an individual or a corporation? The notice I have received was addressed to my name in ALL CAPS which I understand is a corporate person, not an individual, not a natural person is that correct? Is an individual = a natural person in law? Or does it depend on the legislation?
3. As my car is registered with the STATE OF QUEENSLAND, who is the actual owner? I understand that because the car is registered with the state I do not "own" the car but have an interest in the car, is this correct? Is it classed as joint ownership?
4. Is a photograph enough evidence to prove guilt? Is a photograph of a car speeding presumptive evidence? If not what type of evidence is it?