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](/view/html/inforce/current/act-2013-018). > > > (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 > > > > > > > (ii) satisfies the court hearing the proceedings for the offence that the responsible person did not know and could not with reasonable diligence have ascertained that name and address. > > > (4A) Despite any other provision of this Act, an approved nomination notice may be provided by the responsible person for a vehicle served with a penalty notice within 90 days of the notice being served on the person if the approved nomination notice is provided in the circumstances specified in section 23AA or 23AB of the [Fines Act 1996](/view/html/inforce/current/act-1996-099). > > > (4B) If the responsible person for a vehicle supplies an approved nomination notice to an authorised officer or an informant for the purposes of this section, an authorised officer or informant may, by written notice served on the responsible person, require the responsible person to supply a statutory declaration for use in court proceedings that verifies the nomination contained in the approved nomination notice. > > > (5) A person must not, in an approved nomination notice or a statutory declaration supplied under this section falsely nominate another person 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—10 penalty units, or > > > > > (b) in any other case—5 penalty units. > > > (6) A statutory declaration under subsection (4B), if produced in any proceedings against the person named in the declaration and in respect of the parking offence concerned, is evidence (unless contrary evidence is adduced) that the person was in charge of the vehicle at all relevant times relating to the parking offence. > > > (7) An approved nomination notice or a statutory declaration that relates to more than one parking offence does not constitute an approved nomination notice or a statutory declaration under, or for the purposes of, subsection (4) or (4B). > > > (8) The provisions of this section are in addition to and not in derogation of any other provisions of this or any other Act or of any instrument in force under this or any other Act. > > > (9) In this section— > > > > approved nomination notice has the same meaning as in section 38 of the [Fines Act 1996](/view/html/inforce/current/act-1996-099). > > > > authorised officer means— > > > > > (a) a person authorised by the Authority to exercise the functions of an authorised officer under this section, or > > > > > (b) a police officer. > > > > responsible person for a vehicle has the same meaning as in the [Road Transport (General) Act 2005](/view/html/repealed/current/act-2005-011). > > **s 78:** Am 2005 No 11, Sch 3.44 \[3\]; 2013 No 19, Sch 4.75 \[7\]; 2016 No 13, Sch 2.13 \[1\]–\[8\].