6Use of vehicles that emit offensive noise away from roads

6 Use of vehicles that emit offensive noise away from roads

6 Use of vehicles that emit offensive noise away from roads

(1) A person in charge of a motor vehicle must not cause or permit the motor vehicle to be used in a place, other than on a road or road related area, in a way that emits offensive noise.

Maximum penalty—

(a) for an individual—50 penalty units, or

(b) for a corporation—100 penalty units.

(2) In subsection (1), a person in charge of a motor vehicle includes—

(a) the owner of the motor vehicle, or

(b) the driver of the motor vehicle, or

(c) if the motor vehicle is used in a place that is private property—the owner or occupier of the private property.

(3) This section does not affect the liability of the actual offender but, if a penalty, including a penalty under a penalty notice, has been imposed on or recovered from a person specified in subsection (2), no further penalty may be imposed on or recovered from another person specified in subsection (2).

(4) This section does not apply to noise emitted from a tractor, or other motor vehicle, when being used for agricultural purposes.

(5) In this section—

agricultural purposes has the same meaning as in the Agricultural Tenancies Act 1990.

private property means a place that is not—

(a) a public place within the meaning of the Local Government Act 1993, or

(b) a State forest or flora reserve within the meaning of the Forestry Act 2012, or

(c) a national park, state conservation area, historic site, nature reserve, karst conservation reserve, regional park or Aboriginal area within the meaning of the National Parks and Wildlife Act 1974, or

(d) another place open to the public that is managed by a public authority.