Parramatta Park Trust Act 2001
29Liability of vehicle owner for parking offences
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29 Liability of vehicle owner for parking offences
29 Liability of vehicle owner for parking offences
(1) If a parking offence occurs in relation to any vehicle, the person who at the time of the occurrence of the offence is the owner of the vehicle is, by virtue of this section, guilty of an offence against the regulation concerned as if the person were the actual offender guilty of the parking offence unless—
(a) in any case where the offence is dealt with under section 30, the person satisfies an authorised officer described in the notice served under that section 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.
(2) Nothing in this section affects the liability of the actual offender but where a penalty has been imposed on or recovered from any person in relation to a parking offence no further penalty may be imposed on or recovered from any other person in relation to that offence.
(3) Despite subsection (1), an owner of a vehicle is not, by virtue of that subsection, guilty of an offence if—
(a) in any case where the offence is dealt with under section 30, the person—
(i) within 21 days after service on the person of a notice under that section in respect of the offence, gives an authorised officer described in the notice an approved nomination notice containing the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence, or
(ii) satisfies such an authorised officer that the person did not know and could not with reasonable diligence have ascertained that name and address, or
(b) in any other case, the person—
(i) within 21 days after service on the person of a court attendance notice in respect of the offence, gives the informant an approved nomination notice containing the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence, or
(ii) satisfies the court that the person did not know and could not with reasonable diligence have ascertained that name and address.
(3A) Despite any other provision of this Act, an approved nomination notice may be provided by a person served with a notice under section 30 within 90 days of the notice being served on the person if the approved nomination notice is provided in the circumstances specified in section 23AA or 23AB of the .