Document ID: chunk:federal_register_of_legislation:F2016C00635:clause:1_44
Version: federal_register_of_legislation:F2016C00635
Segment Type: clause
Provision Reference: sch 1 cl 44
Character Range: 49989–51802

44  Meaning of tampering
 (1) A person tampers with an approved intelligent transport system if:
 (a) he or she engages in conduct that has the result that:
 (i) the system is altered; or
 (ii) the system is installed or used in a way that is not in accordance with the conditions of its certification by TCA; or
 (iii) any data instruction that the system uses internally is altered; and
 (b) he or she does so with the intention of causing the system to:
 (i) fail to collect IAP information, or fail to collect such information correctly; or
 (ii) fail to store IAP information, or fail to store such information correctly; or
 (iii) fail to report IAP information, or fail to report such information correctly.
 (2) A person also tampers with an approved intelligent transport system if he or she:
 (a) engages in conduct; and
 (b) is negligent or reckless as to whether, as a result of the conduct, the system may:
 (i) fail to collect IAP information, or fail to collect such information correctly; or
 (ii) fail to store IAP information, or fail to store such information correctly; or
 (iii) fail to report IAP information, or fail to report such information correctly.
Note: The Criminal Code of the Commonwealth applies to the interpretation of offence provisions in this Act (see section 5 of this Act and s … of the [Act corresponding to the Road Transport Reform (Compliance and Enforcement) Act 2003]. For extensions of liability under the Code see Part 2.4 of the Code.
 (3) For subsections (1) and (2):
 (a) a system fails if it does not perform as intended in terms of accuracy, timeliness, reliability, verifiability or any other performance parameter; and
 (b) fail includes fail permanently, fail temporarily, fail on a particular occasion or occasions, and fail in particular circumstances.