Quote:
Originally Posted by Tcoat
I spent some time looking through the archives on this.
When the Act was passed in 1990 It was phrased as "A certificate of offence shall be filed in the office of the court as soon as is practicable after service of the offence notice or summons" So, that was obviously not clear enough because what exactly constitutes "as soon as practicable"? A day? A week? A year? Whenever they get around to it?
In 2004 they changed the Act to read "A certificate of offence shall be filed in the office of the court as soon as is practicable, but no later than seven days after service of the offence notice or summons". Now there is a clear and defined period as to what they consider to be "practicable".
No place in the Act did it ever layout that 24 hours was the time limit. It went from "Ya when you have a minute" to "When you have a minute but don't go beyond 7 days".
I have been dealing with Environmental and Occupational safety law for 30 years now and can't stand the word "practicable". It is grey and open to whatever interpretation the user wants to apply. Over the last 10 years the government has been slowly eliminating it by using more specific terms but it still shows without clarification far to often.
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That's definitely one of my favourites amongst other words like "shall make best effort, at their discretion, reasonable amount". Just to name a few.
Nobody said anything about whether they have examined the OP's car for "illegal" mods when it was impounded. Could they say that adding the supercharger is an illegal mod? That would be a nasty surpise when it goes to court.