Document ID: chunk:federal_register_of_legislation:F2016C00635:clause:1_21
Version: federal_register_of_legislation:F2016C00635
Segment Type: clause
Provision Reference: sch 1 cl 21
Character Range: 29888–32003

21  IAP service providers' obligation to report tampering
 (1) In this section, a reference to knowledge or suspicion does not include knowledge or suspicion resulting only from:
 (a) a report, contained in a non‑compliance report or otherwise made by an approved intelligent transport system, of the electronic detection of apparent tampering with that system; or
 (b) the analysis of data produced by such a system.
 (2) An IAP service provider commits an offence if the IAP service provider:
 (a) either:
 (i) knows that intelligent transport system equipment has been tampered with; or
 (ii) has reasonable grounds to suspect that intelligent transport system equipment has been tampered with; and
 (b) does not report, in accordance with subsection (3), to the Authority within 5 business days.
Maximum penalty: $10 000 for a first offence; $20 000 for a second or subsequent offence.
 (3) The report must be in the form approved by TCA for the purpose, and must contain any information required by the IAP service provider's certification.
 (4) Strict liability applies to paragraph (2)(b).
 (5) If an IAP service provider knows, or has reasonable grounds to suspect, that approved intelligent transport system equipment has been tampered with, the IAP service provider must not disclose to any person other than the Authority:
 (a) that the provider has that knowledge or suspicion; or
 (b) any information from which the person to whom the disclosure is made could reasonably infer that the provider had that knowledge or suspicion.
Maximum penalty: $10 000 for a first offence; $20 000 for a second or subsequent offence.
 (6) If an IAP service provider has made a report to the Authority under subsection (2) or (3) of apparent tampering or suspicion of tampering, the provider must not disclose to any person other than the Authority:
 (a) that the report has been made; or
 (b) any information from which the person to whom the disclosure is made could reasonably infer that the provider had made such a report.
Maximum penalty: $10 000 for a first offence; $20 000 for a second or subsequent offence.