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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