62Liability of owner of vehicle for parking offences

62  Liability of owner of vehicle for parking offences

Owner presumed to be driver except in certain circumstances

 (1) If a parking offence occurs at an airport in relation to a vehicle, the owner of the vehicle when the offence occurs is taken to have committed the offence as if the owner were the actual offender guilty of the offence, unless:

 (a) the vehicle was, at the time of the offence, stolen or illegally taken or used; or

 (b) subsection (2), (4) or (5) applies.

Declaration of known driver

 (2) The owner of the vehicle is not taken to have committed the parking offence if:

 (a) for an owner who is not a body corporate—within 14 days after service of an infringement notice or a summons for the offence, the owner makes, and gives to the notice authority for the airport in relation to the offence, a statutory declaration stating:

 (i) that it is made for the purposes of this section; and

 (ii) that the owner was not the driver of the vehicle at the time the offence is alleged to have occurred; and

 (iii) the name and address of the person who was the driver of the vehicle at that time; or

 (b) for an owner that is a body corporate—within 14 days after service of an infringement notice or a summons for the offence, a director, manager or secretary of the body corporate makes, and gives to the notice authority for the airport in relation to the offence, a statutory declaration stating:

 (i) that it is made for the purposes of this section; and

 (ii) that the vehicle was not being used for the purposes of the body corporate at the time the offence is alleged to have occurred; and

 (iii) the name and address of the person who was the driver of the vehicle at that time.

Declaration of unknown driver

 (3) If an infringement notice or summons has been served on the owner of a vehicle for a parking offence at an airport:

 (a) for an owner who is not a body corporate—the owner may, within 14 days after service of the notice or summons, make, and give to the notice authority for the airport in relation to the offence, a statutory declaration stating:

 (i) that it is made for the purposes of this section; and

 (ii) that the owner was not the driver of the vehicle at the time the offence is alleged to have occurred; and

 (iii) that the owner has not been able to find out who was the driver of the vehicle at that time; and

 (iv) the nature of the enquiries made to find out the name and address of the person who was the driver of the vehicle at that time; or

 (b) for an owner that is a body corporate—a director, manager or secretary of the body corporate may, within 14 days after service of the notice or summons, make, and give to the notice authority for the airport in relation to the offence, a statutory declaration stating: