New South Wales Consolidated Acts

LOCAL GOVERNMENT ACT 1993 - SECT 651

651 Liability of vehicle owner for certain offences

(1) This section applies to any offence against section 632(1), 650(1) or (4) or 650A(1) or (4) that arises from the parking of a vehicle, in this section referred to as a
"parking offence" .

(2) The owner of a vehicle with respect to which a parking offence is committed is, by virtue of this section, guilty of the offence as if the person were the actual offender, unless--

(a) if the offence is dealt with by penalty notice, the owner satisfies a prescribed officer that the vehicle was, at the relevant time, a stolen vehicle or a vehicle illegally taken or used, or

(b) in any other case, the court is satisfied that the vehicle was, at the relevant time, a stolen vehicle or a vehicle illegally taken or used.

(3) Nothing in this section affects the liability of the actual offender but, if a penalty has been imposed on, or recovered from, any person in relation to a parking offence, no further penalty can be imposed on or recovered from any other person in relation to the offence.

(4) The owner of a vehicle is not, by virtue of this section, guilty of an offence if, where the offence is dealt with by penalty notice--

(a) within 21 days after service on the owner of the penalty notice in respect of the offence, the owner gives the prescribed officer a relevant nomination document containing the name and address of the person who was at all relevant times in charge of the vehicle, or

(b) the owner satisfies the prescribed officer that the owner did not know, and could not with reasonable diligence have ascertained, that name and address.

(5) The owner of a vehicle is not, by virtue of this section, guilty of an offence if, in any other case--

(a) within 21 days after service on the owner of a court attendance notice in respect of the offence, the owner gives the informant a relevant nomination document containing the name and address of the person who was at all relevant times in charge of the vehicle, or

(b) the owner satisfies the court that the owner did not know, and could not with reasonable diligence have ascertained, that name and address.

(5A) Despite any other provision of this Act, a relevant nomination document may be provided by an owner of a vehicle served with a penalty notice within 90 days of the notice being served on the owner if the relevant nomination document is provided in the circumstances specified in section 23AA or 23AB of the Fines Act 1996 .

(5B) If the owner of a vehicle gives a relevant nomination document to a prescribed officer or an informant for the purposes of this section, a prescribed officer or an informant may, by written notice served on the owner, require the owner to supply a statutory declaration for use in court proceedings that verifies the nomination contained in the relevant nomination document.

(6) If a statutory declaration supplying the name and address of a person for the purposes of this section is produced in any proceedings against the person in respect of the parking offence to which the declaration relates, the declaration is evidence that the person was, at all relevant times relating to that offence, in charge of the vehicle involved in the offence.

(7) A relevant nomination document or statutory declaration that relates to more than one parking offence is taken not to be a relevant nomination document or statutory declaration supplying a name and address for the purposes of this section.

(8) This section does not limit any other provision of this Act, any provision of any other Act or any provision of any instrument in force under this or any other Act.

(9) In this section--

(a) a reference to a penalty notice is a reference to a penalty notice under Division 3 of Part 7.3 of the Road Transport Act 2013 , and

(b) a reference to an owner of a vehicle is a reference to the responsible person for the vehicle within the meaning of the Road Transport Act 2013 , and

(c) a reference to a prescribed officer is a reference to an authorised officer within the meaning of the Road Transport Act 2013 , or

(d) a reference to a relevant nomination document is a reference to a relevant nomination document within the meaning of Part 7.3 of the Road Transport Act 2013 .