Traffic Amendment (Speeding Anti-evasion Measures) Act 1998 (NSW)
New South Wales
Traffic Amendment (Speeding
Anti-evasion M easures) Act 1998
No 152
Contents
Page
2
1 Name of Act
| 2 Commencement | 2 2 |
3 Amendment of Traffic Act 1909 No 5
3
| Schedule 1 | Amendments |
New South Wales
Traffic Amendment (Speeding
Anti-evasion M easures) Act 1998
No 152
Act No 152, 1998
An Act to amend the Traffic Act 1909 to make further provision with respect to the prohibition of articles that detect or interfere with approved speed measuring devices; and for other purposes. [Assented to 14 December 1998]
| Section 1 | Traffic Amendment (Speeding Anti-evasion Measures) Act 1998 No 152 |
The Legislature of New South Wales enacts:
Name of Act
This Act is the Traffic Amendment (Speeding Anti-evasion
Measures) Act 1998.
Commencement
This Act commences on a day or days to be appointed by proclamation.
Amendment of Traffic Act 1909 No 5
The Traffic Act I909 is amended as set out in Schedule 1.
Traffic Amendment (Speeding Anti-evasion Measures) Act 1998 No 152
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Section 3)
[1] Section 2 Definitions
Insert in alphabetical order in section 2 (1):
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.
[2] Section 4AD Sale, purchase and u se of prohibited speed measuring evasion articles
| Omit “radar detecting device or a radar jamming device” from section 4AD (1). Insert instead “prohibited speed measuring evasion article”. |
[3] Section 4AD (2)
| Omit “the vehicle is fitted with or is carrying a radar detecting or applied to. or carried in. the vehicle”. device or a radar jamming device”. |
[4] Section 4AD (4)
Omit the subsection. Insert instead:
| (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. |
Traffic Amendment (Speeding Anti-evasion M easures) Act 1998 No 152
| Schedule 1 | Amendments |
[5] Section 4AD (5) (a) and (b)
Omit “device” wherever occurring. Insert instead “article”.
[6] Section 4AD (5) (c)
| concerned". |
Omit “vehicle was fitted with or was carrying the device being carried in the vehicle”.
[ 7 ] Section 4AE Surrender and forfeiture of prohibited speed measuring evasion articles
Omit section 4AE (l) and (2). Insert instead:
| (l) | A police officer who reasonably believes that: | |||
|
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:
|
Traffic Amendment (Speeding Anti-evasion Measures) Act 1998 No 152
| Amendments | Schedule 1 |
Section 4AE (3 ) and (4)
Omit “device” wherever occurring. Insert instead “article”.
Section 4AE (5)
Omit “A device”. Insert instead “An article”.
Section 4AE (6 )
Omit “radar detecting device or radar jamming device”.
Insert instead “prohibited speed measuring evasion article
[Minister's second reading speech m ade in—
Legislative Assembly on 10 November 1998
Legislative Council on 2 December 1998]
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