39Responsible person liable for offences involving property

39 Responsible person liable for offences involving property

39 Responsible person liable for offences involving property

(1) The responsible person for property in relation to which an offence under section 37 is committed is guilty of the offence as if the person were the actual offender, unless—

(a) if the offence is dealt with by way of penalty notice—the responsible person satisfies a person specified in the notice that the property was, at the relevant time, stolen property or otherwise illegally taken or used, or

(b) otherwise—the court is satisfied the property was, at the relevant time, stolen property or otherwise illegally taken or used.

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

(3) The responsible person for property is not, under this section, guilty of the offence if, for an offence dealt with by way of penalty notice—

(a) within 21 days after service on the responsible person of the penalty notice for the offence, the responsible person gives a person specified in the notice an approved nomination notice containing the name and address of the person who was at all relevant times in control of the property, or

(b) the responsible person satisfies a person specified in the notice the responsible person did not know, and could not with reasonable diligence have ascertained, the name and address.

(4) The responsible person for property is not, under this section, guilty of the offence if—

(a) within 21 days after service on the responsible person of a court attendance notice for the offence, the responsible person gives the informant an approved nomination notice containing the name and address of the person who was at all relevant times in control of the property, or

(b) the responsible person satisfies the court the responsible person did not know, and could not with reasonable diligence have ascertained, that name and address.

(5) Despite any other provision of this Act, an approved nomination notice may be provided by the responsible person for property served with a penalty notice within 90 days of the notice being served on the owner if the approved nomination notice is provided in the circumstances specified in the , section 23AA or 23AB.