New South Wales Repealed Regulations

This legislation has been repealed.

PROTECTION OF THE ENVIRONMENT OPERATIONS (NOISE CONTROL) REGULATION 2008 - REG 20

20 Owners and drivers of motor vehicles and trailers involved in excess noise offences

(1) If a motor vehicle or the sound system of a motor vehicle is used contrary to clause 13 or 16, the driver and owner of the motor vehicle are each taken to be guilty of an offence under that provision.

(2) Subclause (1) does not affect the liability of the actual offender but, if a penalty (including a penalty under a penalty notice) has been imposed or recovered from any person in relation to the offence (whether the actual offender, the driver or the owner), no further penalty may be imposed on or recovered from any other person.

(3) Subclause (1) does not apply to the owner of a motor vehicle if:

(a) the motor vehicle was at the time of the commission of the offence a stolen motor vehicle or a motor vehicle illegally taken or used, or

(b) the owner was not in the motor vehicle at the relevant time and:

(i) gives notice in accordance with subclause (4) of the name and address of the person who was in charge of the motor vehicle at the relevant time, or

(ii) satisfies the officer who gave the penalty notice for the offence or the court dealing with the offence (as the case requires) that the owner did not know, and could not with reasonable diligence have ascertained, that name and address.

(4) The notice must be in the form of an approved nomination notice and:

(a) if a penalty notice has been given for the offence--the notice must be given to an officer specified in the penalty notice for the purpose within 21 days after service of the penalty notice, and

(b) if a court is dealing with the offence--the notice must be given to the informant within 21 days after service of the summons or court attendance notice for the offence.

Note : Sections 307B and 307C of the Crimes Act 1900 provide a maximum penalty of imprisonment for 2 years, or a fine of $22,000, or both for giving false or misleading information, or providing false or misleading documents, in compliance, or purported compliance, with a law of the State.

(5) Despite any other provision of this Regulation, an approved nomination notice may be provided by the owner of a motor vehicle 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 section 23AA or 23AB of the Fines Act 1996 .

(6) If the owner of a vehicle supplies an approved nomination notice to an officer or a prosecutor for the purposes of this clause, an officer or prosecutor may, by written notice served on the owner, require the owner to supply a statutory declaration for use in court proceedings that verifies the nomination contained in the approved nomination notice.

(7) Definition In this clause:

"approved nomination notice" has the same meaning as in section 38 of the Fines Act 1996 .