Traffic Offence Detection Devices (New Arrangements) Act 2002

Traffic Offence Detection Devices (New Arrangements) Act 2002

An Act to amend the Traffic Act 1925 and Vehicle and Traffic Act 1999

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Traffic Offence Detection Devices (New Arrangements) Act 2002 .

2.   Commencement

This Act commences on a day to be proclaimed.

PART 2 - Traffic Act 1925 Amended

3.   Principal Act

In this Part, the Traffic Act 1925 is referred to as the Principal Act.

4.    Section 3 amended (Interpretation)

Section 3 of the Principal Act is amended as follows:

(a) by omitting the definitions of photograph and photographic detection device from subsection (1) ;

(b) by omitting the definition of red light offence from subsection (1) ;

(c) by omitting the definition of speeding offence from subsection (1) ;

(d) by omitting subsection (3) .

5.    Section 31 amended (Regulations on recommendation of committee or council)

Section 31(1) of the Principal Act is amended as follows:

(a) by omitting from paragraph (zc) "interest;" and substituting "interest.";

(b) by omitting paragraphs (zh) , (zi) , (zj) and (zk) .

6.    Sections 51A and 51B repealed

Sections 51A and 51B of the Principal Act are repealed.

PART 3 - Vehicle and Traffic Act 1999 Amended

7.   Principal Act

In this Part, the Vehicle and Traffic Act 1999 is referred to as the Principal Act.

8.    Section 3 amended (Interpretation)

Section 3(1) of the Principal Act is amended by inserting after the definition of passenger vehicle the following definitions:

photograph includes any visual representation derived from a photographic image or process, including a digitalised electronic or computer-generated image or process;

photographic detection device means a device, or a device of a kind, specified in a declaration under section 56D ;

9.    Section 42A inserted

After section 42 of the Principal Act , the following section is inserted in Part 6:

42A.   Offence detection devices

(1)  The regulations may –

(a) provide for the use of devices in the detection of offences including, without limiting the generality of this paragraph –

(i) the use of photographic detection devices in the detection of red light offences and speeding offences; and

(ii) the use of speed measuring devices in the detection of speeding offences; and

(b) prescribe requirements in relation to the installation, operation and testing of devices that are used in the detection of offences; and

(c) make provision for, and with respect to, the inspection, use and admissibility of evidence obtained from such devices; and

(d) make provision for, and with respect to, evidentiary matters associated with the installation, operation and testing of such devices; and

(e) deal with any incidental and ancillary matters.

(2)  In this section,

offences means –

(a) traffic offences; or

(b) offences against other Acts that involve traffic, vehicles or the users of vehicles; or

(c) offences that are the subject of proceedings in which the presence or use of vehicles at particular times and places is relevant or in issue.

10.    Part 7B inserted

After section 56C of the Principal Act , the following Part is inserted:

PART 7B - Photographic detection devices

56D.   Declaration of photographic detection device

(1)  The Minister, by notice published in the Gazette, may declare that a device specified in the notice, or a device of a kind specified in the notice, is a photographic detection device for the purposes of this Act.

(2)  A notice under this section is not a statutory rule within the meaning of the Rules Publication Act 1953 .

(3)  Notwithstanding section 4 of the Traffic Offence Detection Devices (New Arrangements) Act 2002 , any notice in force under section 3(3) of the Traffic Act 1925 immediately before the commencement of that section continues in force according to its terms as if it were a notice under subsection (1) .

56E.   Facilitation of proof

(1)  In this section –

offence means –

(a) a traffic offence; or

(b) an offence against another Act involving traffic, vehicles or the users of vehicles; or

(c) an offence that is the subject of proceedings in which the presence or use of a vehicle at a particular time and place is relevant or in issue;

recorded, in relation to a photograph taken by a photographic detection device, means recorded on the photograph by the device;

specified, in relation to a certificate, means specified in the certificate;

time means date and time.

(2)  In any proceedings for an offence –

(a) the production of a certificate in the prescribed form purporting to be signed by a person having the prescribed qualifications and specifying the time when a photographic detection device was tested is evidence of the matters set out in the certificate; and

(b) the production of a photograph purportedly taken by a photographic detection device at a particular time and location, and containing such information as may be prescribed, is evidence that the photograph was so taken; and

(c) any such photograph is evidence of the matters recorded and, in particular –

(i) in the case of proceedings for a red light offence involving a red traffic light – evidence that, at the time recorded, the driver of the photographed vehicle had entered the intersection where the photograph was taken contrary to a red traffic light; and

(ii) in the case of proceedings for a red light offence involving a red traffic arrow – evidence that, at the time recorded, the driver of the photographed vehicle had entered the intersection where the photograph was taken contrary to a red traffic arrow; and

(iii) in the case of proceedings for a speeding offence – evidence that, at the time and location recorded, the speed of the photographed vehicle was the speed recorded; and

(iv) in the case of proceedings for an offence in which the presence or use of a vehicle on a public street (or a particular public street) at a particular time is relevant or in issue – evidence that, at the time recorded, the photographed vehicle was present or being used as recorded on the public street appearing in the photograph; and

(d) the production of a certificate signed by a police officer or other person and stating that, at a specified time –

(i) a device specified in the certificate was a photographic detection device for the purposes of this Act; and

(ii) he or she was authorised under section 56F to install or operate the device or install and operate the device; and

(iii) he or she tested the device, in accordance with the regulations, at the location where it was installed or being operated; and

(iv) he or she found the device to be operating correctly at that location –

is evidence of the matters set out in the certificate.

(3)  If a certificate referred to in subsection (2)(d) is produced in evidence in any proceedings for a red light offence or speeding offence, evidence of the condition, operation or accuracy of the specified photographic detection device (at the specified time and location) is not required in those proceedings unless evidence has been adduced that the device was not operating correctly or accurately at that time and location.

56F.   Authorisation of persons to install and operate photographic detection devices

(1)  A senior police officer may authorise another police officer or person to do either or both of the following things for the purposes of this Act:

(a) install photographic detection devices;

(b) operate photographic detection devices.

(2)  The authorisation may apply to photographic detection devices generally or photographic detection devices of a kind specified in the authorisation.

(3)  The authorisation may be for an indefinite period or for a period specified in the authorisation.

(4)  Notwithstanding section 6 of the Traffic Offence Detection Devices (New Arrangements) Act 2002 , any authorisation in force under section 51B(2) of the Traffic Act 1925 immediately before the commencement of that section continues in force according to its terms as if it were an authorisation under subsection (1) .

[Second reading presentation speech made in:

House of Assembly on 18 APRIL 2002

Legislative Council on 22 MAY 2002]