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ROAD MANAGEMENT ACT 2004 - SECT 70 Court may order removal of structure, device, hoarding, advertisement, sign or bill

ROAD MANAGEMENT ACT 2004 - SECT 70

Court may order removal of structure, device, hoarding, advertisement, sign or bill

    (1)     If a court convicts a person of an offence under section 66, 67, 68 or 69, the court may—

        (a)     instead of, or in addition to, any other penalty, order the person to remove the structure, device, hoarding, advertisement, sign or bill placed by the person within a specified time and under the supervision of a person nominated by the court; or

        (b)     in addition to any other penalty, order the person to pay a sum of compensation for the removal of the structure, device, hoarding, advertisement, sign or bill to the relevant coordinating road authority.

    (2)     The following provisions apply to an order under subsection (1)(a)—

        (a)     the court may also order that if the person contravenes the order, that person must pay a fine of not more than 10 penalty units;

        (b)     if the person complies with the order, the person nominated by the court to supervise must send to the person a statement to that effect;

        (c)     if the person contravenes the order, the court may, on application by the person nominated to supervise, issue a summons requiring the person to show cause why the fine referred to in paragraph (a) should not be imposed;

        (d)     on hearing the summons, the court may make any order under this Act which it considers appropriate in respect of the person who contravened the order.

    (3)     The compensation specified in an order under subsection (1)(b) to be paid to the relevant coordinating road authority is to be treated as a debt due to that coordinating road authority.

Division 3—Authorised officers

S. 71AA inserted by No. 49/2019 s. 173.