Local Government Act 1993

A council may make by-laws in respect of the parking of vehicles on land owned by it or under its control.

In respect of by-laws which create an offence concerning a vehicle, the following provisions apply:the registered operator is taken to have committed the offence unless he or she was not in control of the vehicle at the time the offence was committed and – not later than 14 days after being served with a notice of infringement furnishes the general manager with a statutory declaration which, in the general manager's opinion, proves the facts specified in subsection (3); or establishes those facts to the satisfaction of the court; a notice of infringement may be addressed to – the registered operator; or a person apparently in charge of the vehicle by the person's name; or if the name is not known when the notice of infringement is being made out – by the person's designation as the registered operator of the vehicle or person apparently in charge of it, identifying the vehicle by the number plate affixed to it, or, where there is no number plate, by other sufficient description; evidence that – the name and address of a person were shown painted on or affixed to the outside of a vehicle; or the name and address of a person purporting to be the name and address of the registered operator of a vehicle were shown in any manner in or on that vehicle – is evidence that the person whose name and address were shown was at the time they were shown the registered operator of that vehicle.

The facts to be specified in a statutory declaration are as follows:that some other person was in control of the vehicle at the time when the offence was committed and that the name and address of residence of that other person are as set out in the statutory declaration; that the vehicle was sold before the offence was committed on the date specified in the statutory declaration to a person whose name and address are as set out in the statutory declaration; if the sale was made through an agent, that the name and address of the agent are as set out in the statutory declaration; that at the time when the offence was committed he or she was unable to exercise any control over the vehicle because it had been stolen or was being used unlawfully without consent.

In this section,registered operator– in relation to a motor vehicle or trailer, has the same meaning as in the Vehicle and Traffic Act 1999; and in relation to a bicycle, means the owner of the bicycle.