78Liability of vehicle owner for certain parking offences

78 Liability of vehicle owner for certain parking offences

78 Liability of vehicle owner for certain parking offences

(1) This section applies to any offence against this Act or the regulations that arises from the parking of a vehicle on land at Sydney Olympic Park, other than a road (which in this section is referred to as a parking offence).

Note.

Parking offences that occur on roads, including roads at Sydney Olympic Park, are subject to Division 2 of Part 7.3 of the Road Transport Act 2013.

(2) If a parking offence occurs in relation to a vehicle, the person who at the time of the occurrence of the offence is the responsible person for the vehicle is taken to be guilty of the parking offence in all respects as if the responsible person were the actual offender guilty of the offence, unless—

(a) in a case in which the offence is dealt with by penalty notice, the person satisfies an authorised officer, or

(b) in any other case, the court hearing the proceedings for the offence is satisfied,

that the vehicle was, at the relevant time, a stolen vehicle or a vehicle illegally taken or used.

(3) Nothing in this section affects the liability of an actual offender in respect of a parking offence but, if a penalty has been imposed on, or recovered from, any person in relation to a parking offence, no further penalty can be imposed on or recovered from any other person in relation to the offence.

(4) Despite subsection (2), the responsible person for a vehicle is not guilty of a parking offence by the operation of that subsection if—

(a) in a case in which the offence is dealt with by penalty notice—the responsible person—

(i) within 21 days after service on the responsible person of a penalty notice for the offence, gives an authorised officer 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 authorised officer that the responsible person did not know and could not with reasonable diligence have ascertained that name and address, or

(b) in any other case—the responsible person—

(i) within 21 days after service on the responsible person of a court attendance notice for 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