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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 73
Obstruction of prescribed officer and destruction of official traffic signs to be an offence
73 Obstruction of prescribed officer and destruction of official traffic signs
to be an offence
(1) Any person who— (a) obstructs the chief executive, a superintendent, a
holder of a prescribed office under the Crown, or a chief executive officer of
a local government in the exercise of powers under this part or chapter 5 ,
part 6 ; or
(b) obstructs any person acting under an authority given under
section 71 in the exercise of the powers under this part or chapter 5 , part 6
had by the person by virtue of such authority; or
(c) without lawful
authority demolishes, destroys, pulls down, erases, removes, defaces or
otherwise damages or interferes with an official traffic sign;
shall be guilty
of an offence. Penalty— Maximum penalty—40 penalty units or 6 months
imprisonment.
(2) A person guilty of an offence against any provision of
subsection (1) shall also be liable to pay the amount of the expenses of
making good any damage occasioned by the offence.
(3) The court convicting
the person of the offence may, whether an application or complaint is made in
respect thereof or not, order the person to pay such amount or such amount may
be recovered by either the chief executive or a local government or any person
duly authorised by the chief executive or a local government, either generally
or in the particular case, by action in any court of competent jurisdiction.
(4) Without limit to the power of a police officer or any other person
thereunto authorised by some other provision of this Act to prosecute an
offence against subsection (1) — (a) an offence against subsection (1)
committed in relation to the chief executive or the holder of a prescribed
office under the Crown, or any person acting under the authority of either of
them, or in relation to an official traffic sign installed on a road by the
said chief executive or holder of a prescribed office under the Crown, or any
person acting under the authority of either of them, may be prosecuted by the
chief executive or holder or by any person thereunto authorised by the chief
executive; and
(b) an offence against subsection (1) committed in relation to
the chief executive officer of a local government or a local government or a
person acting under the authority of the chief executive officer of a local
government or local government, or in relation to an official traffic sign
installed on a road or an off-street regulated parking area in its area by the
local government may be prosecuted by the chief executive officer or by any
person thereunto authorised by the chief executive officer.
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