Offences in relation to controlled-access roads
30E Offences in relation to controlled-access roads
Any person who—
enters a controlled-access road from any other land (whether the land is privately or publicly owned and whether it comprises another road or not) or enters such land from a controlled-access road except—
by means of a route or means of access specified in a proclamation under section 30A;
or
at a place provided for or approved for the purpose by the
Commissioner;
constructs, forms or paves a means of access to a road in contravention of section 30A or a condition of a consent given in writing by the Commissioner;
removes or damages any fence, wall, post, barrier or other impediment to the passage of traffic erected by the Commissioner across a road or upon any controlled-access road;
obliterates, removes or damages any traffic sign or notice erected by the
Commissioner;
obliterates, removes or damages any lines, words or signs marked by the
Commissioner upon any road;
uses a controlled-access road for movement of livestock except by transport in a motor vehicle in accordance with the provision of this Act and any regulations made in that behalf;
uses a traffic lane of a controlled-access road for traffic otherwise than in accordance with the provisions of this Act and any regulation made in that behalf;
contravenes or fails to comply with a condition of a permit under section 30DA, is guilty of an offence.
Maximum penalty: $1 250.
The
Commissioner may serve on a person who has constructed, formed or paved a means of access in contravention of section 30A a notice requiring the person to remove the means of access and to restore the land affected to its former state and condition.
A person who fails to comply with a notice under subsection (2) is guilty of an offence.
Maximum penalty: $1 250.
A person convicted of an offence against subsection (1) or (3) in respect of a continuing act or omission—
is liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continued of not more than $125; and
is, if the act or omission continues after the conviction, guilty of a further offence against the provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continued after the conviction of not more than $125.
If an offence consists of an omission to do something that is required to be done, the omission will be taken to continue for as long as the thing required to be done remains undone after the end of the period for compliance with the requirement.
A court may, on finding a person guilty of an offence against this section, order the person to pay compensation to the Commissioner for loss or damage arising from the offence.
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