AustLII Tasmanian Numbered Acts

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TRAFFIC AMENDMENT (RED LIGHT CAMERAS) ACT 2001 (NO. 67 OF 2001) - SECT 7

Sections 51A and 51B inserted

After section 51 of the Principal Act , the following sections are inserted in Part V:

51A.     Facilitation of proof of matters connected with photographic detection devices

(1)  In this section –
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 time and date.
(2)  In proceedings for a red light offence or speeding 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 facts 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 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 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 a speeding offence, evidence that, at the time and location recorded, the speed of the photographed vehicle was the speed recorded; 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 51B to install or 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.

51B.     Authorisation of persons to operate, &c., photographic detection devices

(1)  In this section,
officer of police means a police officer of or above the rank of inspector and includes the Commissioner of Police.
(2)  An officer of police may authorise a police officer or other person to do either or both of the following things for the purposes of this Act:
(a) operate photographic detection devices;
(b) install photographic detection devices.
(3)  The authorisation may be in respect of photographic detection devices generally or photographic detection devices of a kind specified in the authorisation.
(4)  The authorisation may be for an indefinite period or for a period specified in the authorisation.


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