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.