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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
VEHICLE AND TRAFFIC AMENDMENT
(OFFENCE DETECTION DEVICES) BILL
2004
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 56E amended (Facilitation of proof)
[Bill 33]-III
2
VEHICLE AND TRAFFIC AMENDMENT
(OFFENCE DETECTION DEVICES) BILL
2004
(Brought in by the Minister for Infrastructure, Energy and
Resources, the Honourable Bryan Alexander Green)
A BILL FOR
An Act to amend the 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:
Short title
1. This Act may be cited as the Vehicle and Traffic
Amendment (Offence Detection Devices) Act 2004.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
Principal Act
3. In this Act, the Vehicle and Traffic Act 1999* is
referred to as the Principal Act.
*No. 70 of 1999
[Bill 33] 3
s. 4 No. Vehicle and Traffic Amendment 2004
(Offence Detection Devices)
Section 56E amended (Facilitation of proof)
4. Section 56E of the Principal Act is amended as follows:
(a) by inserting the following definition before the
definition of "offence" in subsection (1):
"information" includes information in
the form of symbols and images;
(b) by omitting "place" from paragraph (c) of the
definition of "offence" in subsection (1) and
substituting "location";
(c) by inserting the following definitions after the
definition of "offence" in subsection (1):
"photograph" includes a set of
photographs;
"shown", in relation to a photograph,
means -
(a) shown in the photograph; or
(b) shown as information that,
by any process, has been
appended to or combined
with the photograph;
(d) by omitting the definition of "recorded" from
subsection (1);
(e) by omitting subsection (2) and substituting the
following subsection:
(2) In any proceedings for an offence -
(a) the production of a photograph
taken, or derived from data
recorded, by a photographic
detection device at or in respect of
4
2004 Vehicle and Traffic Amendment No. s. 4
(Offence Detection Devices)
a particular time and location is
evidence of what the photograph
shows and, in particular -
(i) for a red light offence
involving a red traffic light,
is evidence that, at the time
shown, the driver of the
photographed vehicle had
entered the intersection
shown contrary to a red
traffic light; and
(ii) for a red light offence
involving a red traffic arrow,
is evidence that, at the time
shown, the driver of the
photographed vehicle had
entered the intersection
shown contrary to a red
traffic arrow; and
(iii) for a speeding offence, is
evidence that, at the time
and location shown, the
speed of the photographed
vehicle was the speed
shown; and
(iv) 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 and location
is relevant or in issue, is
evidence that, at the time
and location shown, the
photographed vehicle was
present or being used as
5
s. 4 No. Vehicle and Traffic Amendment 2004
(Offence Detection Devices)
shown on the public street
shown; and
(b) the production of a certificate
purportedly signed by a police
officer -
(i) stating that a specified
photograph was taken, or
derived from data recorded,
by a photographic detection
device at a specified time
and location; and
(ii) explaining the meaning or
significance of any of the
information shown -
is evidence that -
(iii) the photograph was so taken
or derived; and
(iv) the information has that
meaning or significance; and
(c) the production of a certificate
signed by a police officer or other
person and stating that, at a
specified time -
(i) a specified device 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, or install and
operate, the specified device;
and
6
2004 Vehicle and Traffic Amendment No. s. 4
(Offence Detection Devices)
(iii) he or she tested the specified
device, in accordance with
the regulations, at the
location where it was
installed or being operated;
and
(iv) he or she found the specified
device to be operating
correctly at that location -
is evidence of the matters set out
in the certificate; and
(d) 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
specified photographic detection
device was tested is evidence of
the matters set out in the
certificate.
(f) by omitting subsection (3).
Government Printer, Tasmania 7