A driver's testimony that they were travelling below the speed limit does not constitute 'evidence to the contrary' under s 47(3)(b) of the Road Transport (Safety and Traffic Management) Act 1999 (NSW) and does not displace the evidentiary effect of a speed camera photograph. Similarly, such testimony is not evidence that the speed measuring device was not accurate or reliable under s 46(2). 'Evidence to the contrary' under s 47(3)(b) is limited to evidence concerning the accuracy of the camera recording device's record of the speed as measured, and evidence under s 46(2) must relate to the device itself, not to the product of its measurements. However, such testimony remains admissible on the ultimate issue of whether the offence has been proven beyond reasonable doubt.
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