TRAFFIC
ACT 1909 - SECT 4AD 4AD
Sale, purchase and use of prohibited speed measuring evasion
articles
(1)
A person must
not sell or
offer for sale,
or purchase, a prohibited speed measuring evasion article.
Maximum penalty: 20 penalty units.
(2)
A person must not drive a motor vehicle, or cause a motor
vehicle or trailer to stand, on a road or road related
area if a prohibited speed measuring evasion article is
fitted or applied to, or carried in, the vehicle.
Maximum penalty: 20 penalty
units.
(3) The owner of a motor vehicle
or trailer which is driven or stands on a road or road
related area in contravention of subsection (2) is guilty
of an offence.
Maximum penalty: 20 penalty units.
(4) It is a defence to a prosecution
for an offence under this section if the defendant satisfies
the court that the article concerned was not designed
as a prohibited speed measuring evasion article but was
designed for another purpose.
(5) It is a defence to a prosecution
for an offence under subsection (2) or (3) if the defendant
satisfies the court that, at the time of the alleged offence:
(a) the vehicle was in the course
of a journey to a place appointed by a member of the police
force, an officer of the Authority or a court, in order
to surrender the article, or
(b) the vehicle was the subject
of a notice, issued in accordance with the regulations,
requiring the owner of the vehicle to remove the article
from the vehicle within a specified time and that time
had not expired, or (c) the defendant did not know, and
in the circumstances could not reasonably be expected
to have known, that the article concerned was fitted
or applied to, or was being carried in, the vehicle
TRAFFIC ACT
1909 - SECT 4AE
4AE
Surrender
and forfeiture of prohibited speed measuring evasion articles
(1)
A police officer who reasonably believes that:
(a)
a prohibited speed measuring evasion article is being
sold or
offered for sale
in contravention of section
4AD (1),
or
(b) a motor
vehicle or trailer is standing or being driven in contravention
of section 4AD (2) because of an article fitted or applied
to, or carried in, the vehicle,
may require a person in possession of the article to surrender
it immediately to the police officer or, in the
case of an article fitted or applied to a motor vehicle
or trailer and not immediately removable, may by notice
in writing served on the owner of the vehicle require
the owner to surrender the article within a specified
time and in a specified manner to the Commissioner of
Police.
(2) An officer of the Authority
who is authorised in writing by the Authority for the
purposes of this section and who finds a prohibited speed
measuring evasion article fitted or applied to, or carried
in, a motor vehicle or trailer may, by notice in writing
served on the owner of the vehicle, require the owner
to do either or both of the following:
(a)
remove the article (if it is fitted to the vehicle),
(b) surrender the article within
a specified time and in a specified manner to the Commissioner
of Police.
(3)
A person must comply with a requirement under subsection
(1) or (2), whether or not he or she is the owner of the
article concerned.
Maximum penalty: 20 penalty units.
(4)
A court which finds an offence under section 4AD or under
subsection (3) to have been proven against any person
may order that the article concerned, if not already surrendered
pursuant to a requirement under this section, be delivered
to the Commissioner of Police within a time and in a manner
specified by the court.
(5)
An article surrendered as required under this section
is thereby forfeited to the Crown and may be destroyed
or otherwise disposed of at the direction of the Commissioner
of Police.
(6) No liability attaches to any
person on account of the surrender by the person, in pursuance
of a requirement under this section, of a prohibited speed
measuring evasion article of which that person is not
the absolute owner
TRAFFIC
ACT 1909 - SECT 2
Definitions
Prohibited
speed measuring evasion article means any device or substance
that is designed, or apparently designed, to be fitted or
applied to, or to be carried in, a motor vehicle or trailer
for the purpose of detecting, interfering with, or reducing
the effectiveness of, an approved speed measuring device,
and includes a radar detecting device and a radar jamming
device. Radar detecting device means a device designed
or apparently designed to be fitted to or carried in a motor
vehicle or trailer for the purpose of detecting electromagnetic
radiations from an approved speed measuring device. Radar
jamming device means a device designed or apparently designed
to be fitted to or carried in a motor vehicle or trailer
for the purpose of interfering with the receiving by an
approved speed measuring device of reflected electromagnetic
radiations.
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