Commonwealth Numbered Acts

AIRPORTS (SURFACE TRAFFIC) AMENDMENT ACT 1976 No. 125 of 1976 - SECT 8

8. Section 11 of the Principal Act is amended-

   (a)  by omitting from sub-section (1) the word ''he'' and substituting the
words ''the owner'';

   (b)  by omitting sub-sections (3) and (4) and substituting the following
        sub-sections:-

''(3) The owner of a vehicle shall not, by virtue of this section, be deemed
to be guilty of an offence if, not later than the date of the hearing of a
summons in respect of the alleged parking infringement or 14 days after the
service on the owner of such a summons, whichever is the earlier, the owner
furnishes to the informant or complainant a statutory declaration made by
the owner or, where the owner is a corporation, by a director, manager or
secretary of the corporation, stating-

   (a)  in the case where the owner is a corporation-

        (i)    that no officer of the corporation was in control of the
               vehicle at the time of the alleged infringement; and

        (ii)   the name and address of the person who was in control of the
               vehicle at that time; and

   (b)  in any other case-

        (i)    that the owner was not in control of the vehicle at the time of
               the alleged infringement; and

        (ii)   the name and address of the person who was in control of the
               vehicle at that time.

''(4) In a prosecution against the owner of a vehicle in respect of a parking
infringement it is a defence if the owner satisfies the court that the vehicle
was, at the time of the in- fringement, stolen or illegally taken or used by
another person.

''(4A) In a prosecution against the owner of a vehicle in respect of a parking
infringement, it is a defence if the owner satisfies the court-

   (a)  in the case where the owner is a corporation-

        (i)    that no officer of the corporation was in control of the
               vehicle at the time of the alleged in- fringement; and

        (ii)   that the owner does not know, and could not with reasonable
               diligence have ascertained, the name and address of the person
               who was in control of the vehicle at that time; and

   (b)  in any other case-

        (i)    that the owner was not in control of the vehicle at the time of
               the alleged infringement; and

        (ii)   that the owner does not know, and could not with reasonable
               diligence have ascertained, the name and address of the person
               who was in control of the vehicle at that time.''; and

   (c)  by adding at the end thereof the following sub-section:-

''(7) In this section, 'officer', in relation to a corporation, means a
director, secretary or employee of the corporation.''.