Road Traffic (Administration) Act 2008

In this section and section 117A —

in relation to distance measuring equipment, means —

a police officer; or

a person certified by the Commissioner of Police as being competent to use the equipment;

in relation to speed measuring equipment, means —

a police officer; or

a person certified by the Commissioner of Police as being competent to use the equipment;

in relation to speed measuring and recording equipment, means —

a police officer; or

a person certified by the Commissioner of Police as being competent to install, set up, test or obtain data produced by, the equipment or produce images from the data;

in relation to visual detection equipment, means —

a police officer; or

a person certified by the Commissioner of Police as being competent to install, set up, test or obtain data produced by, the equipment or produce images or video from the data;

distance measuring equipment; or

speed measuring and recording equipment; or

speed measuring equipment; or

visual detection equipment;

The Minister may, from time to time, by notice published in the Gazette, approve of types of apparatus for the purposes of —

ascertaining the speed at which a vehicle is moving; or

ascertaining distances on roads; or

ascertaining the speed at which a vehicle is moving, recording an image of the vehicle and recording —

the speed at which the vehicle was moving; and

the date on which the image was recorded; and

the time and location at which the image was recorded; and

the speed limit applicable at that location at that time;

doing all of the following —

ascertaining the occurrence of an act or omission, prescribed by the regulations, that is an element of an offence under a road law of which the driving or being in charge of a vehicle is an element;

recording images or videos of the vehicle and the prescribed act or omission;

recording the date on which the images or videos were recorded;

recording the time and location at which the images or videos were recorded.

The Minister may, by notice published in the Gazette, revoke an approval under subsection (2).

In a prosecution for an offence under any written law evidence may be given of the use of speed measuring equipment by an authorised person in relation to a vehicle and of the speed at which that vehicle was moving as ascertained by the use of that equipment, and that evidence is prima facie evidence of the speed at which that vehicle was moving at the time of the use of that equipment in relation to that vehicle.

In a prosecution for an offence under any written law evidence may be given of the use of distance measuring equipment by an authorised person on a road, of the distance between 2 identified points on the road as ascertained by the use of that equipment and of the ascertainment of the speed at which a vehicle was moving by the measurement of the time taken by that vehicle to travel that distance, and that evidence is prima facie evidence of the speed at which that vehicle was moving when it travelled that distance.

In a prosecution for an offence under a written law evidence may be given of —

the use of speed measuring and recording equipment at a particular location; and

the identity of a vehicle as recorded by that equipment at a particular time; and

the speed at which a vehicle was moving as ascertained and recorded by that equipment at that time.

The evidence referred to in subsection (6) is prima facie evidence of the identity of the vehicle and the speed at which it was moving at that time and location.

In a prosecution mentioned in subsection (6), evidence of the matters referred to in that subsection may be given in the form of an image of the vehicle on which is recorded the matters referred to in subsection (2)(c), as ascertained and recorded by the speed measuring and recording equipment at the time and location referred to in subsection (6).

In a prosecution for an offence under a written law evidence may be given of —

the use of visual detection equipment at a particular location; and

the identity of a vehicle as recorded by the equipment at a particular time; and

the occurrence of an act or omission prescribed by the regulations for the purposes of subsection (2)(d)(i) as recorded by the equipment at that time.

The evidence referred to in subsection (7C) is prima facie evidence of the identity of the vehicle and the occurrence of the act or omission at that time and location.

In a prosecution mentioned in subsection (7C), evidence of the matters referred to in that subsection must be given in the form of images or videos —

at least 1 of which is of the vehicle; and

at least 1 of which reasonably indicates the occurrence of the prescribed act or omission; and

on each of which is recorded the date on which the image or video was recorded and the time and location at which the image or video was recorded, as ascertained and recorded by the visual detection equipment at the time and location referred to in subsection (7C).

In a prosecution mentioned in subsection (4), (5), (6) or (7C), evidence by an authorised person that apparatus used by the person was road law offence detection equipment is prima facie evidence of that fact.

In a prosecution mentioned in subsection (4), (5), (6) or (7C), a certificate purporting to be signed by the Commissioner of Police certifying that a specified person is, or was at the material time, a person certified by the Commissioner as being competent to —

use distance measuring equipment; or

use speed measuring equipment; or

install, set up, test or obtain data produced by, speed measuring and recording equipment or visual detection equipment, or produce images or videos from the data,

Nothing in this section is to be construed as precluding or restricting the introduction of any competent evidence, whether in addition to, or independent of, any evidence for which provision is made by this section, bearing on the question of whether a person was or was not guilty of an offence under a written law.