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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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.
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.
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