Marine Safety Act 1998

In proceedings for a detectable offence, any one or more photographs that are tendered in evidence on any of the following bases are admissible in the proceedings—

in the case of proceedings for a speeding offence detected by a device approved under clause 2 (1) (b)—a photograph that is tendered as—

being taken by an approved enforcement device that is approved for excess speed imaging on a day and at a location specified on the photograph, and

if the photograph is taken by a digital camera device—bearing a security indicator of a kind prescribed by the regulations,

in the case of proceedings for any other detectable offence (including any speeding offence detected by a device approved under clause 2 (1) (c))—a photograph that is tendered as—

being taken by means of the operation, on a day specified on the photograph, of an approved enforcement device that is approved for the particular detectable offence at a location specified on the photograph, and

if the photograph is taken by a digital camera device—bearing a security indicator of a kind prescribed by the regulations.

If one or more photographs are tendered in evidence as referred to in subclause (1), a certificate purporting to be signed by an appropriate inspection officer in relation to the approved enforcement device concerned that certifies the following matters is also to be tendered in evidence—

that the person is an appropriate inspection officer in relation to the device,

that on a day and at a time specified in the certificate (being within the period prescribed by the regulations, whether for a specified kind of device or generally, before the time recorded on the photograph or the earliest photograph as the time at which that photograph was taken), the person carried out the inspection specified in the certificate on the approved enforcement device by means of which the photograph was taken,

that on that inspection the device was found to be operating correctly.

If a photograph is tendered in evidence in proceedings for a speeding offence detected by a device approved under clause 2 (1) (b) and involving a vessel, a certificate referred to in clause 6 concerning the accuracy and reliability of the device used to measure the speed at which the vessel was travelling must also be tendered along with the certificate required by subclause (2) in relation to the camera device that took the photograph.

A photograph tendered in evidence as referred to in subclause (1)—

is to be presumed to have been taken by the approved enforcement device concerned unless evidence sufficient to raise doubt that it was so taken is adduced, and

if it is tendered on the basis that it bears a security indicator—is to be presumed to bear such a security indicator unless evidence that is sufficient to raise doubt that it does so is adduced, and

is prima facie evidence of the matters shown or recorded on the photograph.

Evidence that a photograph tendered in evidence as referred to in subclause (1) bears a security indicator of a kind prescribed by the regulations is prima facie evidence that the photograph has not been altered since it was taken.