107Powers, &c., of parking attendants

### 107 Powers, &c., of parking attendants > > (1)  A parking attendant shall be provided with a certificate of his employment by the corporation by which he is employed. > > > (2)  A parking attendant, on production of his certificate of employment as such, may, at any reasonable time – > > > > > > (a) enter and remain in any premises at which, or at which he reasonably suspects, a person is carrying on the business of letting motor vehicles for hire; > > > > > > > (b) [*\[Section 107 Subsection (2) amended by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000\]*](/view/html/inforce/2000-06-26/act-1997-053#JS1@Ja2@GC1@EN) request any person found in or on the premises to – > > > > > > > > > > (i) produce any records in the person's possession or control about the letting of vehicles for hire; and > > > > > > > > > > > (ii) answer questions about those records; and > > > > > > > (c) inspect, or take copies of, or make notes in respect of, any record referred to in [paragraph (b)](#GS107@Gs2@Hpb@EN) or any part of any such record. > > > (3)  *\[Section 107 Subsection (3) amended by No. 43 of 1991, s. 5 and Sched. 1 \]*Any person who – > > > > > > (a) prevents or attempts to prevent a parking attendant from exercising any power conferred on him by [subsection (2)](#GS107@Gs2@EN) ; > > > > > > > (b) hinders or obstructs a parking attendant in the exercise of any such power; or > > > > > > > (c) fails to comply with a request of a parking attendant under [subsection (2)](#GS107@Gs2@EN) [(b)](#GS107@Gs2@Hpb@EN) – > > > > is guilty of an offence and is liable on summary conviction to a fine not exceeding 3 penalty units or to imprisonment for a term not exceeding 1 month, or both, and, in the case of an offence under [paragraph (c)](#GS107@Gs3@Hpc@EN) , to an additional fine not exceeding 0·5 penalty unit for every day during which the offence continues. > > > (4)  A person is not guilty of an offence under [subsection (3)](#GS107@Gs3@EN) [(c)](#GS107@Gs3@Hpc@EN) by reason of his failure to answer any question referred to in [subsection (2)](#GS107@Gs2@EN) [(b)](#GS107@Gs2@Hpb@EN) [(ii)](#GS107@Gs2@Hpb@Hqii@EN) if he proves to the satisfaction of the court before which he is prosecuted for the offence that he did not know, and could not with reasonable diligence have ascertained, the answer to the question. > > > (5)  A person is not excused from answering any question if required to do so under [subsection (2)](#GS107@Gs2@EN) [(b)](#GS107@Gs2@Hpb@EN) on the ground that the answer might tend to incriminate him or make him liable to a penalty, but the information provided by him shall not be admissible against him in any proceedings, civil or criminal, except in proceedings for an offence under [subsection (3)](#GS107@Gs3@EN) or [(6)](#GS107@Gs6@EN) . > > > (6)  *\[Section 107 Subsection (6) amended by No. 43 of 1991, s. 5 and Sched. 1 \]*Subject to [subsection (7)](#GS107@Gs7@EN) , a person who makes an answer to a question put to him pursuant to [subsection (2)](#GS107@Gs2@EN) [(b)](#GS107@Gs2@Hpb@EN) [(ii)](#GS107@Gs2@Hpb@Hqii@EN) by a parking attendant that is false or misleading in a material particular is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units or to imprisonment for a term not exceeding 3 months, or both. > > > (7)  It is a defence to a charge under [subsection (6)](#GS107@Gs6@EN) if it is proved that, at the time the answer was made, the defendant believed on reasonable grounds that it was neither false nor misleading. > > > (8)  [*\[Section 107 Subsection (8) amended by No. 42 of 2001, Sched. 1, Applied:15 Jul 2001\]*](/view/html/inforce/2001-07-15/act-2001-042#JS1@Ja42@GC1@Hpa@EN) Where an answer to a question referred to in [subsection (2)](#GS107@Gs2@EN) [(b)](#GS107@Gs2@Hpb@EN) [(ii)](#GS107@Gs2@Hpb@Hqii@EN) or any information whatever is given to a parking attendant by an officer of a corporation within the meaning of the Corporations Act that is carrying on or has carried on the business of letting motor vehicles for hire, the answer and information are, for the purposes of any proceedings against the corporation under any of the provisions of this section, binding on and admissible in evidence against the corporation, unless it is proved that the answer or information was given in relation to a matter in respect of which the officer had no authority to bind the corporation. > > > (9)  [*\[Section 107 Subsection (9) amended by No. 42 of 2001, Sched. 1, Applied:15 Jul 2001\]*](/view/html/inforce/2001-07-15/act-2001-042#JS1@Ja42@GC1@Hpb@EN) The provisions of [subsection (8)](#GS107@Gs8@EN) are in addition to any rule of law relating to the binding effect and admissibility in evidence of statements made by any officer or employee of a corporation within the meaning of the Corporations Act.