Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 120E

120E Photographic or video evidence of matter relating to driver distraction offence

(1) This section applies to a proceeding for a prescribed offence that is a driver distraction offence if, under section 120 , the prosecution intends to rely on an image or video made by a photographic detection device as evidence of a matter in relation to the offence.

(2) In the absence of proof to the contrary, the vehicle depicted in the image or video is taken to be moving, or stationary but not parked.

(3) In this section—

"driver distraction offence" means an offence that—

(a) is prescribed by regulation to be a driver distraction offence; and

(b) involves—

(i) the use of a mobile phone by a person in a vehicle; or

(ii) the use, operation or holding of an electronic device by, or the resting of an electronic device on, a person in a vehicle.

"electronic device" , in relation to a driver distraction offence, has the meaning it has for the offence.

"mobile phone" , in relation to a driver distraction offence, has the meaning it has for the offence.

"operation" , in relation to an electronic device, in relation to a driver distraction offence, has the meaning it has for the offence.

"use" , in relation to an electronic device or mobile phone, in relation to a driver distraction offence, has the meaning it has for the offence.