Section 104B - Ports and Maritime Administration Act 1995 - Liability of vehicle owners for parking offences

104BLiability of vehicle owners for parking offences

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104B Liability of vehicle owners for parking offences

(1) If a parking offence occurs in relation to a vehicle, the person who is, when the offence occurs, the owner of the vehicle (the vehicle owner) is, under this section, guilty of an offence as if the vehicle owner were the actual offender guilty of the parking offence unless—

(a) if the parking offence is dealt with under section 100—the vehicle owner satisfies the authorised officer referred to in the penalty notice issued under that section that, when the offence occurred, the vehicle was stolen or illegally taken or used, or

(b) otherwise—the court is satisfied that, when the offence occurred, the vehicle was stolen or illegally taken or used.

(2) This section does not affect the liability of the actual offender in relation to the parking offence but, if a penalty has been imposed on or recovered from a person in relation to the parking offence, no further penalty may be imposed on or recovered from another person for the parking offence.

(3) Despite subsection (2), the vehicle owner is not guilty of an offence under this section if—

(a) for an offence dealt with under section 100—

(i) within 21 days after being served with the penalty notice under that section alleging that the vehicle owner is guilty of the offence, the vehicle owner provides, in the form required by the penalty notice, the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence, or

(ii) the vehicle owner satisfies the authorised officer referred to in the penalty notice that the vehicle owner does not know, and cannot with reasonable diligence ascertain, the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence, or

(b) otherwise—

(i) within 21 days after being served with a court attendance notice in relation to the offence, the vehicle owner provides, by statutory declaration, to the prosecutor the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence, or

(ii) the vehicle owner satisfies the court that the vehicle owner does not know, and cannot with reasonable diligence ascertain, the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence.