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ROAD TRAFFIC ACT 1961 - SECT 21

ROAD TRAFFIC ACT 1961 - SECT 21

21—Offences relating to traffic control devices

        (1)         A person who, without proper authority—

            (a)         installs or displays a sign, signal, marking, structure or other device or thing on, above or near a road intending that it will be taken to be a traffic control device installed or displayed under this Act; or

            (b)         intentionally alters, damages, destroys or removes a traffic control device installed or displayed under this Act,

is guilty of an offence.

Maximum penalty: $5 000 or imprisonment for one year.

        (1a)         An authority, body or person—

            (a)         who contravenes section 20(3) by placing a speed limit sign on a road without obtaining the relevant authorisation required under that section; or

            (b)         who contravenes section 20(5) by closing a portion of a prescribed road without obtaining a roadworks permit,

is guilty of an offence.

Maximum penalty:

            (a)         for a first offence—$20 000;

            (b)         for a subsequent offence—$50 000.

        (2)         In proceedings for an offence against subsection (1)(a) or subsection (1a), an apparently genuine document purporting to be a certificate of the Minister or a road authority certifying that there was not proper authority for the installation or display of a specified sign, signal, marking, structure or other device or thing as a traffic control device on, above or near a specified part of a road is to be accepted as proof of the matters so certified in the absence of proof to the contrary.

        (3)         The holder of an approval under section 17 or a roadworks permit under section 20 must comply with any conditions of the approval or permit relating to signs placed on a road under section 20 in respect of a work area or work site or any other traffic control devices used in connection with the work area or work site.

Maximum penalty:

            (a)         for a first offence—$20 000;

            (b)         for a subsequent offence—$50 000.

        (4)         In determining whether an offence is a first or subsequent offence for the purposes of subsection (1a) or (3), any previous offence against this section for which the defendant has been convicted or that the defendant has expiated will be taken into account, but only if the previous offence was committed or alleged to have been committed within the period of 5 years immediately preceding the date on which the offence under consideration was allegedly committed.

        (5)         If a court dealing with a charge of an offence against subsection (1a) or (3) is presented with evidence of—

            (a)         any economic benefit to the defendant obtained by the commission of the offence; or

            (b)         the estimated costs to government or to the community, or a section of the community, as a result of the commission of the offence (including, without limitation, costs relating to increased traffic congestion resulting from the commission of the offence),

the court may, on convicting the defendant of the offence, order the defendant to pay to the Crown (in addition to any penalty imposed) the amount of such economic benefit or of such costs, or any portion of such benefit or costs, that the court thinks fit in the circumstances.