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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Road Traffic (Traffic Speed Analysers) Amendment
Bill 2012
A BILL FOR
An Act to amend the Road
Traffic Act 1961.
Contents
Part 1—Preliminary
1Short
title
2Amendment provisions
Part 2—Amendment of Road Traffic
Act 1961
3Insertion of section
54
54Operation of traffic speed
analysers must comply with prescribed standards
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Road Traffic (Traffic Speed Analysers)
Amendment Act 2012.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Road Traffic
Act 1961
After section 53B insert:
54—Operation of traffic speed analysers must comply
with prescribed standards
(1) Despite a
provision of this or any other Act, no evidence obtained or purportedly obtained
by the use of a traffic speed analyser can be adduced (whether by certificate or
otherwise) in proceedings for an offence against this or any other Act unless
the traffic speed analyser—
(a) was, at the
relevant time, being operated in accordance with the prescribed standards;
and
(b) had, within the prescribed period, been calibrated in accordance with
subsection (2).
(2) A traffic speed
analyser is calibrated in accordance with this subsection if—
(a) the calibration is carried out in accordance with—
(i) if an Australian Standard sets out requirements in respect of the
calibration of a traffic speed analyser of the relevant kind—that
Australian Standard; or
(ii) in any other case—any requirements set out in the regulations
relating to the calibration of traffic speed analysers of the relevant kind;
and
(b) the person or body carrying out the calibration holds a current
National Association of Testing Authorities accreditation appropriate to the
carrying out of such calibrations; and
(c) each instrument or device used in, or in relation to, the calibration
is the subject of a certificate issued under regulation 13 of the
National Measurement Regulations 1999 of the Commonwealth; and
(d) if the calibration comprised the traffic speed analyser being operated
in respect of a particular distance—that distance has, within the
2 year period immediately preceding the calibration, been certified by a
person (other than a member of SA Police) who is appropriately qualified to
certify as to the accuracy of such measurements; and
(e) the calibration is carried out in accordance with any other
requirement set out in the regulations.
(3) For the purposes of
subsection (1)—
(a) if there is an inconsistency between the provisions of an Australian
Standard and a recommendation of the manufacturer of a traffic speed analyser,
the Australian Standard will prevail to the extent of the
inconsistency;
(b) if there is an inconsistency between the provisions of an Australian
Standard and a general or specific order made by the Commissioner of Police, the
Australian Standard will prevail to the extent of the inconsistency;
(c) if there is an inconsistency between a recommendation of the
manufacturer of a traffic speed analyser and a general or specific order made by
the Commissioner of Police, the recommendation of the manufacturer will prevail
to the extent of the inconsistency.
prescribed period, in relation to the calibration of a
traffic speed analyser used to obtain or purportedly obtain particular evidence,
means—
(a) if the manufacturer of the traffic speed analyser recommends that the
traffic speed analyser be calibrated within a particular period—that
period; or
(b) in any other case—the period of 12 months,
immediately preceding the day on which the evidence was obtained or
purportedly obtained;
prescribed standards—each of the following is a
prescribed standard:
(a) any Australian Standard applicable to a traffic speed analyser of the
relevant kind;
(b) any recommendation (whether contained in a user's manual or otherwise)
of the manufacturer of the traffic speed analyser regarding the use of traffic
speed analysers of the relevant kind;
(c) any general or
specific order relating to the use of traffic speed analysers made by the
Commissioner of Police under the Police
Act 1998 or any other Act or law.