Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts16. After section 164F of the Principal Act the following sections are inserted in Part XI:
“164G. (1) A person shall not use, sell or offer for sale, or purchase, a radar detecting device or a radar jamming device.
“(2) A person shall not drive a motor vehicle, or cause a motor vehicle to stand, on a public street or in a public place if the vehicle is fitted with or is carrying a radar detecting device or a radar jamming device.
“(3) The owner of a motor vehicle which is driven or stands on a public street or in a public place in contravention of subsection (2) is guilty of an offence.
Penalty: $2,000.
“164H. (1) It is a defence to a prosecution for an offence under section 164G if the defendant satisfies the court that the device concerned was not designed as a radar detecting device or a radar jamming device but was designed for another purpose.
“(2) It is a defence to a prosecution for an offence under subsection 164G (2) or (3) if the defendant satisfies the court that, at the time of the alleged offence—
(a) the vehicle was in the course of a journey to a place appointed by a police officer or a court in order to surrender the device; or
(b) the vehicle was the subject of a notice, issued by a police officer, requiring the owner of the vehicle to remove the device from the vehicle within a specified time and that time had not expired; or
(c) the defendant did not know, and in the circumstances could not reasonably be expected to have known, that the vehicle was fitted with or was carrying the device concerned.
“164I. (1) A police officer who believes on reasonable grounds that—
(a) a radar detecting device or radar jamming device is being sold or offered for sale in contravention of section 164G (1); or
(b) a motor vehicle is standing or being driven in contravention of section 164G (2) because a device is fitted to or carried in the vehicle;
may require a person in possession of the device—
(c) to surrender it immediately to the police officer; or
(d) where the device is fitted to a motor vehicle and is not immediately removable—may by notice in writing served in a manner specified in section 108D, require the person to surrender the device within a specified time and in a specified manner to the Chief Police Officer for the Australian Capital Territory.
“(2) A person shall comply with a requirement under subsection (1) whether or not he or she is the owner of the device concerned.
Penalty: $2,000.
“164J. (1) A court which finds an offence under section 164G to have been proven against any person may order that the device concerned, if not already surrendered, be delivered to the Chief Police Officer for the Australian Capital Territory within a time and in a manner specified by the court.
“(2) A device surrendered as required under subsection (1) is forfeited to the Territory and shall be destroyed or otherwise disposed of as directed by the Chief Police Officer for the Australian Capital Territory.
“(3) No liability attaches to any person on account of the surrender by the person, in pursuance of a requirement under this section, of a radar detecting device or radar jamming device of which that person is not the absolute owner.”.