Section 454 - Heavy Vehicle National Law (NSW) - Offence to tamper with approved intelligent transport system

454Offence to tamper with approved intelligent transport system

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454 Offence to tamper with approved intelligent transport system

(1) A person commits an offence if—

(a) the person tampers with an approved intelligent transport system; and

(b) the person does so with the intention of causing the system to—

(i) fail to generate, record, store, display, analyse, transmit or report intelligent access program information; or

(ii) fail to generate, record, store, display, analyse, transmit or report intelligent access program information correctly.

Maximum penalty—$10000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(2) A person commits an offence if—

(a) the person tampers with an approved intelligent transport system; and

(b) the person is negligent or reckless as to whether, as a result of the tampering, the system may—

(i) fail to generate, record, store, display, analyse, transmit or report intelligent access program information; or

(ii) fail to generate, record, store, display, analyse, transmit or report intelligent access program information correctly.

Maximum penalty—$8000

Editorial note.

See also section 737 (Increase of penalty amounts).

(3) In this section—

fail—

(a) means does not perform as intended in relation to accuracy, timeliness, reliability, verifiability or any other performance requirement or standard; and

(b) includes fail permanently, fail temporarily, fail on a particular occasion and fail in particular circumstances.

ss 451–455: Am 2016 No 65, sec 139.