Commonwealth Consolidated Acts

INTERSTATE ROAD TRANSPORT ACT 1985 - SECT 40

             (1)  If a registered motor vehicle is fitted with a standard monitoring device, a person commits an offence if, during the period the registration is in force, the person does an act and the act results in:

                     (a)  the destruction of the monitoring device; or

                     (b)  damage or injury to, manipulation of, or tampering or interference with the monitoring device in such a way as to hinder its normal operation; or

                     (c)  the use or operation of the monitoring device in such a way as to hinder its normal operation; or

                     (d)  the removal of the monitoring device.

Penalty:  10 penalty units.

             (2)  Paragraph 1(d) does not apply if the removal is permitted by regulations made for the purposes of section 39.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).

             (3)  An offence under subsection (1) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .