New South Wales Consolidated Acts

IMPOUNDING ACT 1993 - SECT 32A

32A Owner liable for offences concerning motor vehicles

(1) The owner of a vehicle with respect to which an offence under section 32 is committed is, by virtue of this section, guilty of the offence as if the person were the actual offender, unless:

(a) if the offence is dealt with by way of penalty notice, the owner satisfies a person specified in the notice that the vehicle was, at the relevant time, a stolen vehicle or a vehicle illegally taken or used, or

(b) in any other case, the court is satisfied that the vehicle was, at the relevant time, a stolen vehicle or a vehicle illegally taken or used.

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

(3) The owner of a vehicle is not, by virtue of this section, guilty of the offence if, where the offence is dealt with by way of penalty notice:

(a) within 21 days after service on the owner of the penalty notice for the offence, the owner gives notice in writing to a person specified in the notice (verified by statutory declaration) of the name and address of the person who was, at all relevant times, in charge of the vehicle, or

(b) the owner satisfies a person specified in the notice that the owner did not know, and could not with reasonable diligence have ascertained, that name and address.

(4) The owner of a vehicle is not, by virtue of this section, guilty of the offence if, in any other case:

(a) within 21 days after service on the owner of a summons for the offence, the owner gives notice in writing to the informant (verified by statutory declaration) of the name and address of the person who was, at all relevant times, in charge of the vehicle, or

(b) the owner satisfies the court that the owner did not know, and could not with reasonable diligence have ascertained, that name and address.

(5) If a statutory declaration supplying the name and address of a person for the purposes of this section is produced in any proceedings against the person in respect of the offence to which the declaration relates, the declaration is evidence that the person was, at all relevant times relating to that offence, in charge of the vehicle involved in the offence.

(6) A statutory declaration that relates to more than one offence is taken not to be a statutory declaration supplying a name and address for the purposes of this section.

(7) This section does not limit any other provision of this Act, any provision of any other Act or any provision of an instrument in force under this or any other Act.