New South Wales Consolidated Acts

CROWN LAND MANAGEMENT ACT 2016 - SECT 11.8

11.8 Liability of responsible person for vehicle, stock or structure offences

(1) Offences to which section applies This section applies to any offence against this Act or the regulations (a
"vehicle, stock or structure offence" ) if the conduct that gives rise to the offence involves any of the following--

(a) the entry, use or parking of a vehicle,

(b) the grazing or driving of stock,

(c) the use of a structure.

(2) Liability of responsible person for offence A person who, at the time of a vehicle, stock or structure offence, was the responsible person for the vehicle, stock or structure concerned is taken to be guilty of the offence as if the person were the actual offender, except as provided by subsection (3).

(3) A person will not be taken to be guilty of the vehicle, stock or structure offence if--

(a) the person provides an appropriate nomination document to the relevant enforcement authority under subsection (4), or

(b) the person satisfies the relevant enforcement authority that--

(i) the actual offender would have a defence to any prosecution brought against the offender for the offence, or

(ii) the person did not know, and could not with reasonable diligence have ascertained, the name and address of the actual offender, or

(iii) the person took all reasonable steps to prevent the offence from being committed, or

(iv) for a vehicle or stock--the vehicle or stock was at the relevant time stolen or illegally taken or used by another person, or

(v) for a structure--the person did not have effective control over it at the relevant time.

(4) Appropriate nomination document to nominate actual offender A person on whom a penalty notice or court attendance notice is served for a vehicle, stock or structure offence may, within 21 days after its service, provide the appropriate nomination document to the relevant enforcement authority stating the name and address of the person who was in charge of the vehicle, stock or structure at all relevant times during the offence.

(5) An appropriate nomination document under subsection (4) that is produced in any proceedings against the person named in the document that relate to the offence for which it was provided is evidence that the named person was in charge of the vehicle, stock or structure at all relevant times relating to that offence.

(6) However, an appropriate nomination document that relates to more than one vehicle, stock or structure offence is not an appropriate nomination document for the purposes of subsection (4).

(7) Offence: false nomination A person must not, in an appropriate nomination document provided under this section, falsely nominate another person as the person who was in charge of the vehicle, stock or structure at the time the offence occurred.

: Maximum penalty--

(a) for a corporation--200 penalty units, or

(b) for an individual--100 penalty units.

(8) A person falsely nominates another person as the person in charge of a vehicle, stock or structure for the purposes of subsection (7) if either a false name or address (or both a false name and address) for the other person is supplied in the appropriate nomination document.

(9) Liability of actual offender This section does not affect the liability of the actual offender. However, if a penalty has been imposed on or recovered from any person in relation to any vehicle, stock or structure offence, no further penalty may be imposed on or recovered from any other person in relation to the offence.

(10) Definitions In this section--

"appropriate nomination document" means--

(a) in the case of a responsible person served with a penalty notice for a vehicle, stock or structure offence--a nomination document approved by the Minister, or

(b) in the case of a responsible person served with a court attendance notice for a vehicle, stock or structure offence--a statutory declaration.

"relevant enforcement authority" means--

(a) if a penalty notice has been served for the vehicle, stock or structure offence--the authorised officer who issued it, or

(b) if a court attendance notice has been served for the vehicle, stock or structure offence--the court before which the proceedings for the offence have been commenced.

"responsible person" , in relation to a vehicle, stock or structure, means--

(a) for a vehicle--any of the following--

(i) a responsible person for the vehicle as defined in the Road Transport Act 2013 (if it is a vehicle as defined in that Act),

(ii) a person who has a legal right to possession of the vehicle (including any person who has the use of the vehicle under a lease or hire-purchase agreement, but not the lessor while the vehicle is being leased under any such agreement), and

(b) for stock--any of the following--

(i) the owner of the stock,

(ii) the person by whom the stock is ordinarily kept, and

(c) for a structure--any of the following--

(i) the person who erected it,

(ii) a person who holds a holding over the land on which it is located,

(iii) the person who has effective control over the structure.