Australian Capital Territory Repealed Acts

This legislation has been repealed.

MOTOR TRAFFIC ACT 1936 (REPEALED) - SECT 162

(1)     Where a police officer or a motor traffic officer has reason to believe that a parking infringement has been committed in respect of a motor vehicle, he or she may serve or cause to be served a parking infringement notice in accordance with this section.

(2)     A parking infringement notice may be served—

        (a)     by serving the notice personally on the person who appears to have committed the parking infringement or on any person who is driving, or appears to be in charge of, the motor vehicle;

        (b)     by securely placing or affixing the notice upon the motor vehicle in a conspicuous position; or

        (c)     by serving the notice on the owner of the motor vehicle personally or by post or by leaving it at his or her last-known place of residence or business with a person apparently over the age of 16 years and apparently an occupant of or employed at that place.

(3)     Where a parking infringement notice is to be served by post on the owner of a motor vehicle, it may be addressed to the owner—

        (a)     at his or her last-known place of residence or business;

        (b)     in the case of the owner of a motor vehicle registered under the law of a State or of the Northern Territory relating to the registration of motor vehicles—at the latest address of the owner in the record of registration of the motor vehicle; or

        (c)     in the case of a person whose name is specified in a statutory declaration furnished in accordance with subsection 159 (4) or (5)—at the address shown in the statutory declaration.

(4)     In the case of a parking infringement notice that is served by placing or affixing the notice upon a motor vehicle, the notice shall be addressed to “the owner” of the motor vehicle without further description of the owner, and in every other case the notice shall have clearly shown on its face the full name, or surname and initials, and address of the person on whom it is served.

(5)     A parking infringement notice shall—

        (b)     clearly specify the day, time and place of the alleged parking infringement;

        (c)     clearly indicate the nature of the alleged parking infringement;

        (d)     contain a notification to the person on whom it is served that—

              (i)     if the infringer pays the prescribed penalty for the alleged parking infringement within 28 days after the date of the notice no further action will be taken in respect of the infringement;

              (ii)     if the infringer does not pay the prescribed penalty for the parking infringement or take action of the kind referred to in subparagraph (iii) or (vi), he or she shall incur liability for the administrative charge in addition to the prescribed penalty for the parking infringement;

              (iii)     if the infringer wishes to dispute liability for the alleged parking infringement he or she must give the Registrar notice in writing to that effect within 28 days after the date of the notice;

              (iv)     if liability is disputed, the matter may be referred to the Court for determination;

              (v)     if liability is disputed and the Court finds against the infringer, he or she will be liable to pay the prescribed penalty, the administrative charge and Court costs; and

              (vi)     if, when the alleged parking infringement occurred, the owner was not the driver of the motor vehicle he or she may lodge a statutory declaration with the Registrar to that effect within 28 days after the date of the notice; and

        (e)     clearly specify the place at which, and the manner in which, the prescribed penalty for the parking infringement may be paid.

(7A)     In proceedings in respect of a parking infringement, a certificate signed by the Registrar or a Deputy Registrar and stating that a parking infringement notice, a copy of which is attached to the certificate, was, on the date specified in the certificate, duly served by securely placing the notice or affixing the notice, as the case may be, in a conspicuous position upon the motor vehicle specified in the certificate is evidence of the matters so stated.

(8)     Nothing in this section prevents the service of more than 1 parking infringement notice in respect of the same parking infringement, but it is sufficient for the application of section 162B to a person on whom more than 1 such notice has been served for that person to pay the relevant penalty in accordance with any 1 of the notices so served on him or her.

(9)     Where the amount of the prescribed penalty for a parking infringement is paid by cheque, payment shall be deemed not to be made unless and until the cheque is honoured upon presentation.