18   Noise control equipment to be properly maintained

(1)  A person must not cause or permit a motor vehicle to be used on a road or road related area if the motor vehicle’s noise control equipment:

(a)  is not securely in place, or

(b)  is defective.

Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.

(2)  A person must not:

(a)  remove, or render less effective, a motor vehicle’s noise control equipment, otherwise than for the purpose of repairing or replacing it, or

(b)  replace a motor vehicle’s noise control equipment with noise control equipment that is less effective than the original noise control equipment fitted by the vehicle manufacturer.

Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.

(3)  For the purposes of subclause (1) (b), defective noise control equipment includes:

(a)  equipment that allows the emission of more noise than the original noise control equipment fitted by the vehicle manufacturer, or

(b)  equipment that has, in the opinion of an authorised officer, been modified in a way that makes it less effective than it would have been if not for the modification, or

(c)  equipment that allows gas to escape from a place other than the intended exhaust outlet, or

(d)  if the equipment concerned comprises a system of mufflers—the system contains fewer mufflers than the original system fitted by the vehicle manufacturer.