Victorian Current Acts Victorian Current ActsS. 74(1) substituted by No. 28/2009 s. 24.
(1) A person must not own, sell, use or possess a device the sole or principal purpose of which is—
(a) to prevent the effective use of a prescribed road safety camera or a prescribed speed detector; or
(b) to detect when a prescribed speed detector is being used.
Penalty: 20 penalty units.
S. 74(2) amended by Nos 60/1994
s. 29(6)(a)(b), 46/1998
s. 7(Sch. 1), 74/2000 s. 3(Sch. 1 item
110.1(a)–(c)), 11/2002 s. 3(Sch. 1 item 57.2), 50/2012
s. 29(10), 70/2013 s. 4(Sch. 2 item 44.10), 37/2014
s. 10(Sch. item 147.25), 70/2016 s. 41(9) [11] , 68/2017
s. 79(5), substituted by No. 49/2019 s. 192(1).
(2) A person must, if required to do so by a police officer or an authorised officer, surrender to that police officer or officer any device referred to in subsection (1).
Penalty: 5 penalty units.
(3) A court that convicts a person of an offence against subsection (1) or before which a person is charged with an offence against subsection (1) of which the person is found guilty or to which the person pleads guilty and in respect of which a conviction is not recorded may order that the device by means of which the offence was committed be forfeited to the Government of Victoria.
(4) All devices forfeited under subsection (3) must be destroyed or otherwise disposed of as the Chief Commissioner of Police directs.
S. 74(5) inserted by No. 49/2019 s. 192(2).
(5) In this section—
S. 74(5) def. of authorised officer amended by Nos 41/2020 s. 28, 49/2019 s. 116(Sch. 1 item 159).
"authorised officer" means—
* * * * *
(b) an employee in the Department authorised in writing by the Secretary or the Head, Transport for Victoria for the purposes of this section; or
(c) a member of staff of the Regulator authorised in writing by the Secretary or the Regulator for the purposes of this section.
S. 74A inserted by No. 19/1991 s. 14.