44Meaning of tampering

44 Meaning of tampering

(1) A person tampers with an approved intelligent transport system if: (a) he or she engages in conduct that has the result that: (i) the system is altered; or (ii) the system is installed or used in a way that is not in accordance with the conditions of its certification by TCA; or (iii) any data instruction that the system uses internally is altered; and (b) he or she does so with the intention of causing the system to: (i) fail to collect IAP information, or fail to collect such information correctly; or (ii) fail to store IAP information, or fail to store such information correctly; or (iii) fail to report IAP information, or fail to report such information correctly. (2) A person also tampers with an approved intelligent transport system if he or she: (a) engages in conduct; and (b) is negligent or reckless as to whether, as a result of the conduct, the system may: (i) fail to collect IAP information, or fail to collect such information correctly; or (ii) fail to store IAP information, or fail to store such information correctly; or (iii) fail to report IAP information, or fail to report such information correctly.

Note: The Criminal Code of the Commonwealth applies to the interpretation of offence provisions in this Act (see section 5 of this Act and s … of the [Act corresponding to the Road Transport Reform (Compliance and Enforcement) Act 2003]. For extensions of liability under the Code see Part 2.4 of the Code.

(3) For subsections (1) and (2): (a) a system fails if it does not perform as intended in terms of accuracy, timeliness, reliability, verifiability or any other performance parameter; and (b) fail includes fail permanently, fail temporarily, fail on a particular occasion or occasions, and fail in particular circumstances.