Transitional provision 2009 Act—Section 83 certificates
103Y Transitional provision 2009 Act—Section 83 certificates
In relation to a certificate issued under section 83 before the commencement of section 29 of the 2009 Act in respect of a device referred to in section 79, the following provisions apply—
in respect of any criminal proceeding relating to an indication or determination by the device that occurred before that commencement, section 83, as in force before that commencement is taken to continue to apply;
in respect of any criminal proceeding relating to an indication or determination by the device that occurred on or after that commencement, a reference in the certificate to a device referred to in section 79 (or to that effect) is to be taken to be a reference to—
a prescribed road safety camera; or
a prescribed speed detector—
as the case so requires.
In relation to any certificate issued under section 83 of the Act on or after the commencement of section 29 of the 2009 Act in respect of a device described in the certificate as—
a road safety camera; or
a speed detector—
if the device was tested and sealed before that commencement—
the certificate has effect as if it were issued in respect of the device as a speed measuring device, within the meaning of the Act as in force before that commencement; and
where the case so requires, a reference to the device for the purposes of any proceeding as—
a road safety camera; or
a speed detector—
is taken to be a reference to the device as a speed measuring device within the meaning of the Act as in force before that commencement.
S. 103Z inserted by No. 55/2009 s. 61.
This Act’s bill:Second reading speech
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