Traffic Act 1909 No 5
Repealed version for 8 October 1999 to 30 November 1999 (accessed 24 May 2013 at 15:29)
Part 3ASection 10L

10L   Seizure of monitoring devices and records

(1)  A member of the Police Force may disconnect and take and retain possession of a monitoring device that is fitted to a motor vehicle to which this Part applies, together with any automatic data stored in the device:
(a)  if the vehicle has been involved in an accident in which any person was killed, or
(b)  if the member of the Police Force reasonably believes that the monitoring device or any part of its mechanism has been improperly interfered with, or
(c)  if the member of the Police Force reasonably believes that the driver has committed a major offence involving the vehicle during the journey then being undertaken by the vehicle.
(2)  A member of the Police Force or a prescribed officer may take and retain possession of any record carried, pursuant to a requirement of this Part or the regulations, by the driver of a motor vehicle to which this Part applies if the member or officer reasonably believes:
(a)  that false entries have been made in the record, or
(b)  that the record is unlawfully in the possession of the driver, or
(c)  that the record does not relate to the vehicle concerned.
(3)  A member of the Police Force or a prescribed officer may take and retain possession of any document which the driver of a motor vehicle to which this Part applies represents to be a record required by this Part or the regulations to be carried by the driver but which the member or officer reasonably believes is not such a record.
(4)  A person must not obstruct or hinder a member of the Police Force or a prescribed officer in the exercise of a power conferred by this section.

Maximum penalty: 50 penalty units.

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