Public Transport Commission (Amendment) Act 1977 (NSW)

PUBLIC TRANSPORT COMMISSION

(AMENDMENT) ACT, 1977

ANNO VICESIMO SEXTO

ELIZABETHE II REGINE

Act No. 6, 1977.

An Act to amend the Public Transport Commission Act, 1972, in relation to damage to the Commission's property, the parking of vehicles and for certain other purposes. [Assented to, 11th March, 1977.]

BE

Council and Legislative Assembly of New South Wales in	BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative
Parliament assembled, and by the authority of the same, as follows:—

1. This Act may be cited as the "Public Transport

Commission (Amendment) Act, 1977".

2 . The Public Transport Commission Act, 1 9 7 2 , is

amended in the manner set forth in Schedule 1.

S C H E D U L E 1.

AMENDMENTS TO THE PUBLIC TRANSPORT

COMMISSION ACT, 1 9 7 2 .

( 1 ) Part I, heading—

Before section 1, insert:—

PART I.

PRELIMINARY.

( 2 ) Section 2 A —

After section 2 , insert :—

2A. This Act is divided as follows :—

PART I.—PRELIMINARY—ss. 1 - 3 .

PART I I .—THE COMMISSION—SS. 4 - 2 1 .

PART III.—GENERAL—ss. 21A-37.

SCHEDULE 1—continued.

AMENDMENTS TO THE PUBLIC TRANSPORT

COMMISSION ACT, 1972—continued.

(3) Part II, heading—

Before section 4, insert:—

PART II.

THE COMMISSION.

(4) Part III, heading, and sections 21A, 2 1 B —

After section 2 1 , insert:—

PART III.

GENERAL.

21A. A person shall not wilfully damage or deface any property vested in or belonging to the Commission.

Penalty : $400 or imprisonment for 6 months.

21B. ( 1 ) In this section—

"owner", in relation to a vehicle, includes—

(a) a person who is the owner or joint owner or part owner of the vehicle and any person, other than the lessor under a hire-purchase agree­ ment relating to the vehicle, who has the use of the vehicle under such an agreement; and

S C H E D U L E 1—continued.

AMENDMENTS TO THE PUBLIC TRANSPORT

COMMISSION ACT, 1972—continued.

(b) in the case of a vehicle that is a

motor vehicle—

(i)   the person in whose name

the vehicle is registered under the regulations made under the Motor Traffic Act, 1 9 0 9 , except where that person has sold or otherwise disposed of the vehicle and has complied with the provisions of those

regulations applicable to

him with respect to that sale
or disposal; or

(ii)   where the vehicle has affixed to it a trader's plate issued under that Act for use as prescribed by those regula­ tions—the person to whom that trader's plate is on issue;

"parking offence" means the offence committed

by a person who contravenes any regulation

made under this Act for or with respect to the standing, waiting or parking of vehicles.

(2) Where a parking offence occurs, the person who, at the time of the occurrence of the offence, is the owner of the vehicle to which the offence relates is, by virtue of this section, guilty of an offence under the regulation relating to the narking

S C H E D U L E 1—continued.

AMENDMENTS TO THE PUBLIC TRANSPORT

COMMISSION ACT, 1972—continued.

offence in all respects as if he were the actual offender guilty of the parking offence unless the court is satis­ fied that the vehicle was, at the relevant time, a stolen vehicle or a vehicle illegally taken or used.

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

(4) Notwithstanding anything in subsection (2) or (3) , no owner of a vehicle is, by virtue of this section, guilty of an offence if he—

(a)	within 21 days after service on him of a summons in respect of that offence, supplies by statutory declaration to the informant the name and address of the person who was in charge of the vehicle at all relevant times relating to the parking offence
concerned; or
(b)	satisfies the court that he did not know and could not with reasonable diligence have ascertained that name and address.

(5) A statutory declaration that relates to more than one parking offence shall be deemed not to be a statutory declaration supplying a name and address for the purposes of subsection (4).

SCHEDULE 1—continued.

AMENDMENTS TO THE PUBLIC TRANSPORT

COMMISSION ACT, 1972—continued.

(6) Where a statutory declaration supplying the name and address of a person for the purpose of subsection (4) is produced in any proceedings against that person in respect of the parking offence to which the statutory declaration relates, the statutory declara­ tion is evidence that that person was, at all relevant times relating to that parking offence, in charge of the vehicle to which the parking offence relates.

(7) The provisions of this section shall be construed as supplementing, and not as derogating from, any other provision of this Act or the regulations or any other Act or regulation, by-law or ordinance under any other Act.

(5) Section 23 (1)—

Omit "the holder of any prescribed office", insert instead "any officer or employee of the Commission".

(6) Sections 30A, 30B—

After section 30, insert: —

30A. Proceedings for an offence against this Act or the regulations may be taken before a court of petty sessions constituted by a stipendiary magistrate or any 2 justices of the peace.

SCHEDULE 1—continued.

AMENDMENTS TO THE PUBLIC TRANSPORT

COMMISSION ACT, 1972—continued.

30B. Any pecuniary penalty recovered pursuant to this Act shall be—

(a) paid to the Commission; and

(b)	allocated by the Commission to any fund
under its control that it considers

appropriate.

(7) Section 32—

After "Act" where thirdly occurring, insert "and, in particular, for or with respect to the standing, waiting or parking of vehicles on land vested in the Commission".

(8) Section 32 (2 )—

At the end of section 32, insert:—

(2) A regulation may impose a penalty not exceeding $100 for any contravention thereof.