New South Wales Consolidated Acts

ROADS ACT 1993 - SECT 250A

250A Approved camera recording devices--toll offences

(1) In this section--

"approved toll camera" means a digital camera of a type approved by the Governor by order published in the Gazette as being designed--

(a) to take a photograph of a vehicle as it is driven past a toll point, and

(b) to record on the photograph--

(i) the date on which the photograph is taken, and

(ii) the time and location at which the photograph is taken, and

(iii) the direction in which the vehicle activating the camera is travelling, and

(iv) such ancillary information in connection with the toll and the photographing of the vehicle at that time and location as may be prescribed by the regulations.

"authorised person" means a person authorised by TfNSW to install and inspect approved toll cameras.

"digital camera" means a camera recording device that is capable of recording images in a digitalised format.

"photograph" includes a digitalised, electronic or computer generated image in a form approved by TfNSW.

"toll" includes a charge or a private toll or charge.

"toll offence" means an offence under the regulations of failing or refusing to pay a toll.

(1A) The fact that a camera takes a photograph of a vehicle only if it is driven in contravention of a requirement to pay a toll, or records the information referred to in paragraph (b) of the definition of
"approved toll camera" only on such a photograph, does not prevent the camera from being an approved toll camera.

(2) In proceedings for a toll offence--

(a) a photograph tendered in evidence as a photograph taken by means of the operation, on a day specified on the photograph, of an approved toll camera installed at a location specified on the photograph, and as bearing a security indicator of a kind prescribed by the regulations, is admissible and is to be presumed--

(i) to have been so taken unless evidence sufficient to raise doubt that it was so taken is adduced, and

(ii) to bear such a security indicator unless evidence sufficient to raise doubt that it does so is adduced, and

(b) evidence that a photograph tendered in evidence 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, and

(c) any such photograph is prima facie evidence of the matters shown or recorded on the photograph.

(3) When a photograph referred to in subsection (2) is tendered in evidence in proceedings for a toll offence, a certificate purporting to be signed by an authorised person and certifying the following particulars is also to be tendered in evidence and is admissible and is prima facie evidence of those particulars--

(a) that the person is an authorised person,

(b) that within 30 days (or such other period as may be prescribed by the regulations) before the day recorded on the photograph as the day on which the photograph was taken, the person carried out the inspection specified in the certificate on the approved toll camera that took the photograph,

(c) that on that inspection the approved toll camera was found to be operating correctly.

(4) A person who acquires information in the exercise of functions in connection with the use or operation of an approved toll camera must not directly or indirectly make a record of or make use of the information or divulge it to another person, except in the exercise of functions--

(a) in connection with the payment and collection of tolls, or such other functions with respect to tolls as may be prescribed by the regulations, or

(b) in connection with the enforcement of a provision of this Act or the regulations under this Act.

: Maximum penalty--50 penalty units.

(5) Subsection (4) does not apply to the divulging of information by an officer of TfNSW or a person exercising functions on behalf of or otherwise acting under the authority of TfNSW, or to the divulging of information, in accordance with any protocol approved by the Privacy Commissioner, to any of the following--

(a) the Independent Commission Against Corruption,

(b) the Australian Crime Commission,

(c) the New South Wales Crime Commission,

(d) the Ombudsman,

(e) any other person prescribed for the purpose of this paragraph.

(5A) Subsection (5) applies only in respect of information acquired in relation to a vehicle driven in contravention of a requirement to pay the relevant toll.

(6) If a certificate under subsection (3) is tendered in proceedings for an offence, evidence--

(a) of the accuracy or reliability of the approved toll camera, or

(b) as to whether or not the camera operated correctly or operates correctly (generally or at a particular time or date or during a particular period),

is not required in those proceedings unless evidence sufficient to raise doubt that, at the time of the alleged offence, the camera was accurate, reliable and operating correctly is adduced.

(7) For the purposes of this section, an assertion that contradicts or challenges--

(a) the accuracy or reliability, or the correct or proper operation, of an approved toll camera, or

(b) the accuracy or reliability of information (including a photograph) derived from such a camera,

is capable of being sufficient to rebut prima facie evidence or a presumption, or to raise doubt about a matter, only if it is evidence adduced from a person who has relevant specialised knowledge (based wholly or substantially on the person's training, study or experience).