New South Wales Consolidated Acts

ROAD TRANSPORT ACT 2013 - SECT 186

186 Duty to inform if person not driver of vehicle committing camera recorded offence

(cf Gen Act, s 179(4) and (5))

(1) A person who--

(a) is issued with a penalty notice or a court attendance notice in respect of a camera recorded offence, and

(b) was not the driver of the vehicle to which the offence relates at the time the offence occurred,

must, within 21 days after the issue of the notice, supply by relevant nomination document to the authorised officer under section 195 (in the case of a penalty notice) or the prosecutor (in the case of a court attendance notice) the nomination details of the person who was in charge of the vehicle at the time the offence occurred.

(1A) However, a person is not required to provide a relevant nomination document under subsection (1), and is taken to have complied with this section, if the person who was in charge of the vehicle at the time the offence occurred has already provided a relevant nomination document containing the person's nomination details to the authorised officer or the prosecutor (as the case requires).

(2) For the purposes of this section, it is presumed that a penalty notice issued to a person by post is issued to the person 7 days after it is posted, unless the person establishes that it was not received by the person, or was not received by the person within the 7-day period.

(3) Despite any other provision of this Act, a relevant nomination document may be provided in relation to a penalty notice for a camera recorded offence within 90 days of the notice being issued if the relevant nomination document is provided in the circumstances specified in section 23AA of the Fines Act 1996 .