Section 120 of the Road Transport Act 2013 (NSW) is ‘Surrender and Forfeiture of Prohibited Speed Measuring Evasion Articles’ and is extracted below.
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The Legislation
Section 120 of the Road Transport Act 2013 is Surrender and Forfeiture of Prohibited Speed Measuring Evasion Articles and reads as follows:
Surrender and forfeiture of prohibited speed measuring evasion articles
(cf STM Act, s 49)
(1) A police officer who reasonably believes that:
(a) a prohibited speed measuring evasion article is being sold or offered for sale in contravention of section 119 (1), or
(b) a motor vehicle or trailer is standing or being driven in contravention of section 119 (2) because of an article fitted or applied to, or carried in, the motor vehicle or trailer,
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 responsible person for the vehicle or trailer require the responsible person 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 responsible person for the motor vehicle or trailer, require the person to do either or both of the following:
(a) remove the article (if it is fitted to the motor vehicle or trailer),
(b) surrender the article within a specified time and in a specified manner to the Commissioner of Police.
(3) A person must comply with a requirement under subsection (1) or (2), whether or not the person is the owner of the article concerned.
The penalties
Maximum penalty: 20 penalty units.
(4) A court that finds any person guilty of an offence against section 119 or under subsection (3) may order that the article concerned, if not already surrendered in compliance with a requirement under this section, be delivered to the Commissioner of Police within a time and in a manner specified by the court.
(5) An article surrendered as required under this section is forfeited to the Crown and may be destroyed or otherwise disposed of at the direction of the Commissioner of Police.
(6) No liability attaches to any person on account of the surrender by the person, in compliance with a requirement under this section, of a prohibited speed measuring evasion article of which that person is not the absolute owner.
Why Sydney Criminal Lawyers®?
Choosing the right legal team to defend your reputation and interests can be a difficult process.
However, it is always important to look at a firm’s experience and results when making this decision.
At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex traffic matters – so you can rest assured that you are in safe hands.
Our traffic law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.
Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.
However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’
Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the traffic law, as well as their ability to obtain excellent results in difficult cases.
We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.
For the best defence in your case, get the experts on your side today. Call us now on (02) 9261 8881 and book your FREE first conference with our traffic law specialists.