You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Contents (1993 - 30)
Skip to content
Local Government Act 1993 No 30
Current version for 5 December 2019 to date (accessed 29 January 2020 at 09:53)
Chapter 16 Part 5
Part 5 Parking
650   Free parking areas
(1)  The driver of a vehicle parked in a free parking area otherwise than as permitted by a notice or sign erected by the council is guilty of an offence.
Maximum penalty—10 penalty units.
(2)  The terms of any such notice or sign may relate to any one or more of the following—
(a)  the time during which the public may use the free parking area,
(b)  the maximum period for which a vehicle may be parked in the free parking area (or in any part of the free parking area),
(c)  the designation of a parking space within the free parking area as a space for the sole use of persons with disabilities.
(3)  For the purposes of this section, a vehicle parked otherwise than as permitted by such a notice or sign includes a vehicle parked in a parking space designated as a space for the sole use of persons with disabilities, unless—
(a)  a parking authority for a person with disabilities is displayed on the vehicle in the manner specified in the authority, and
(b)  the conditions specified in the authority are being observed, and
(c)  the authority is in force.
(4)  If spaces in which a vehicle may be parked in a free parking area are marked by the council (for example, by means of painted lines or by studs, pads or plates), a person must not cause a vehicle to be parked in a free parking area—
(a)  otherwise than in such a parking space, or
(b)  in a parking space in which another vehicle is parked, or
(c)  so that any part of the vehicle is on or across (or partly on or across) any line, stud, pad, plate or other mark defining the space or so that the vehicle is not wholly within the space.
Maximum penalty—5 penalty units.
(5)  The driver of a vehicle in a free parking area must at all times observe and comply with any reasonable direction of any authorised person regarding the parking or movement of the vehicle within the area.
Maximum penalty—5 penalty units.
(6)  The owner of any private land may enter into an agreement with the council under which the land, or any part of the land, is set aside for use as a free parking area.
(7)  It is the duty of the Departmental Chief Executive to establish guidelines to be followed by councils in relation to agreements of the kind referred to in subsection (6), including guidelines as to—
(a)  the circumstances in which a council may enter into such an agreement, and
(b)  the matters for which such an agreement must or must not make provision, and
(c)  the exercise by a council of any functions conferred on it by such an agreement.
650A   Strata parking areas and community scheme parking areas
(1)  The driver of a vehicle parked in a strata parking area or a community scheme parking area established under this section otherwise than as permitted by a notice or sign erected by the council is guilty of an offence.
Maximum penalty—10 penalty units.
(2)  The terms of the notice or sign may relate to any one or more of the following—
(a)  the time during which residents or visitors may use the parking area,
(b)  the maximum period for which a vehicle may be parked in the parking area (or in any part of the parking area),
(c)  the designation of a parking space within the parking area as a space for the sole use of persons with disabilities.
(3)  For the purposes of this section, a vehicle parked otherwise than as permitted by any such notice or sign includes a vehicle parked in a parking space designated as a space for the sole use of persons with disabilities, unless—
(a)  a parking authority for a person with disabilities is displayed on the vehicle in the manner specified in the authority, and
(b)  the conditions specified in the authority are being observed, and
(c)  the authority is in force.
(4)  If spaces in which a vehicle may be parked in a strata parking area or community scheme parking area are marked by the council or the owners corporation or association (for example, by means of painted lines or by studs, pads or plates), a person must not cause a vehicle to be parked in the parking area—
(a)  otherwise than in such a parking space, or
(b)  in a parking space in which another vehicle is parked, or
(c)  so that any part of the vehicle is on or across (or partly on or across) any line, stud, pad, plate or other mark defining the space or so that the vehicle is not wholly within the space.
Maximum penalty—5 penalty units.
(5)  The driver of a vehicle in a strata parking area or community scheme parking area must at all times observe and comply with any reasonable direction of any authorised person regarding the parking or movement of the vehicle within the parking area.
Maximum penalty—5 penalty units.
(6)  The owners corporation of a strata scheme under the Strata Schemes Management Act 2015 may enter into an agreement with the council under which part of the common property of the scheme is set aside for use as a strata parking area and the council exercises functions under this section, including the erection of notices and signs.
(7)  The association of a community, precinct or neighbourhood scheme under the Community Land Management Act 1989 may enter into an agreement with the council under which part of the land within the scheme is set aside for use as a community scheme parking area and the council exercises functions under this section, including the erection of notices and signs.
(8)  It is the duty of the Director-General to establish guidelines to be followed by councils in relation to agreements of the kind referred to in subsection (6) or (7), including guidelines as to—
(a)  the circumstances in which a council may enter into an agreement, and
(b)  the matters for which an agreement must or must not make provision, and
(c)  the exercise by a council of any functions conferred on it by an agreement.
(9)  An agreement for a strata parking area, and any other agreement conferring functions on a council in relation to a strata parking area, must be approved by special resolution of the owners corporation and must comply with any requirements for such schemes prescribed by regulations under the Strata Schemes Management Act 2015.
(10)  An agreement for a community scheme parking area, and any other agreement conferring functions on a council in relation to a community scheme parking area, must be approved by special resolution of the association and must comply with any requirements for such schemes prescribed by regulations under the Community Land Management Act 1989.
651   Liability of vehicle owner for certain offences
(1)  This section applies to any offence against section 632(1), 650(1) or (4) or 650A(1) or (4) that arises from the parking of a vehicle, in this section referred to as a parking offence.
(2)  The owner of a vehicle with respect to which a parking offence 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 penalty notice, the owner satisfies a prescribed officer 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.
(3)  Nothing in this section affects the liability of the actual offender but, if a penalty has been imposed on, or recovered from, any person in relation to a parking offence, no further penalty can be imposed on or recovered from any other person in relation to the offence.
(4)  The owner of a vehicle is not, by virtue of this section, guilty of an offence if, where the offence is dealt with by penalty notice—
(a)  within 21 days after service on the owner of the penalty notice in respect of the offence, the owner gives the prescribed officer a relevant nomination document containing the name and address of the person who was at all relevant times in charge of the vehicle, or
(b)  the owner satisfies the prescribed officer that the owner did not know, and could not with reasonable diligence have ascertained, that name and address.
(5)  The owner of a vehicle is not, by virtue of this section, guilty of an offence if, in any other case—
(a)  within 21 days after service on the owner of a court attendance notice in respect of the offence, the owner gives the informant a relevant nomination document containing 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.
(5A)  Despite any other provision of this Act, a relevant nomination document may be provided by an owner of a vehicle served with a penalty notice within 90 days of the notice being served on the owner if the relevant nomination document is provided in the circumstances specified in section 23AA or 23AB of the Fines Act 1996.
(5B)  If the owner of a vehicle gives a relevant nomination document to a prescribed officer or an informant for the purposes of this section, a prescribed officer or an informant may, by written notice served on the owner, require the owner to supply a statutory declaration for use in court proceedings that verifies the nomination contained in the relevant nomination document.
(6)  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 parking 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.
(7)  A relevant nomination document or statutory declaration that relates to more than one parking offence is taken not to be a relevant nomination document or statutory declaration supplying a name and address for the purposes of this section.
(8)  This section does not limit any other provision of this Act, any provision of any other Act or any provision of any instrument in force under this or any other Act.
(9)  In this section—
(a)  a reference to a penalty notice is a reference to a penalty notice under Division 3 of Part 7.3 of the Road Transport Act 2013, and
(b)  a reference to an owner of a vehicle is a reference to the responsible person for the vehicle within the meaning of the Road Transport Act 2013, and
(c)  a reference to a prescribed officer is a reference to an authorised officer within the meaning of the Road Transport Act 2013, or
(d)  a reference to a relevant nomination document is a reference to a relevant nomination document within the meaning of Part 7.3 of the Road Transport Act 2013.