188Offences relating to nominations

#### 188 Offences relating to nominations 188 Offences relating to nominations (cf Gen Act, s 179(6) and (7)) > > (1) Offence—failure to comply with section 186 A person must comply with section 186 unless the person satisfies— > > > > > (a) in the case of a penalty notice—the authorised officer, or > > > > > (b) in the case of a court attendance notice—the court dealing with the camera recorded offence, or > > > > > (c) in either case—the court dealing with the offence of failing to comply with section 186, > > > > that the person did not know and could not with reasonable diligence have ascertained the nomination details. > > > > Maximum penalty— > > > > > (a) if the offence relates to a vehicle registered otherwise than in the name of a natural person—200 penalty units, or > > > > > (b) in any other case—50 penalty units. > > > (1A) For the purposes of subsection (1), if a person is a corporation, the person must— > > > > > (a) nominate an officer of the corporation to undertake to ascertain the nomination details of the person who was in charge of the vehicle at the time the offence occurred, and > > > > > (b) require the nominated officer to complete a statutory declaration as to the efforts undertaken to ascertain the nomination details, and > > > > > (c) provide the authorised officer or court, as the case may be, with the statutory declaration of the nominated officer. > > > (2) Offence—false nomination of person in charge of vehicle A person must not, in a relevant nomination document supplied under section 186, falsely nominate a person (including the person making the nomination) as the person who was in charge of the vehicle at the time the offence occurred. > > > > Maximum penalty— > > > > > (a) if the offence relates to a vehicle registered otherwise than in the name of a natural person—200 penalty units, or > > > > > (b) in any other case—100 penalty units. > > > (3) A person falsely nominates a person as the person in charge of a vehicle for the purposes of subsection (2) if false nomination details for the person are supplied in a relevant nomination document. > > **s 188:** Am 2015 No 65, Sch 3 \[2\] \[3\]; 2019 No 13, Sch 2.2\[6\]–\[8\]; 2020 No 33, Sch 1\[24\]–\[27\].