South Australian Current Acts South Australian Current Acts (1) In proceedings for
an offence against this Act, an allegation in an information that—
(a) a
specified place was a road or road-related area, or a specified kind or
portion of road or road-related area; or
(ab) a
specified length of road was, during a specified period, an emergency service
speed zone within the meaning of section 83; or
(b) a
specified vehicle was parked in a specified place; or
(c) a
specified traffic control device was on, above or near a specified place; or
(d) a
traffic control device was of a specified form or was operating in a specified
way; or
(e) a
specified vehicle was a prescribed vehicle within the meaning of
section 47A; or
(ea) a
specified vehicle was a vehicle of a specified kind or had a specified GCM or
GVM; or
(f) a
specified person was an authorised officer; or
(fa) a
specified person had specified powers under this Act; or
(g) a
specified person was or was not the holder of a specified exemption, permit or
approval; or
(h) a
specified provision was a condition of a specified exemption, permit or
approval; or
(i)
a specified person was the owner, operator, person in
charge or driver of a specified vehicle,
is proof of the matters so alleged in the absence of proof to the contrary.
(2) In proceedings for
an offence against section 47(1a), 47B(1a), 47BA(1a), 47E(3a), 47EAA(9a)
or 47I(7), an allegation in the information that a child under the age of
16 years was, on a specified date and at a specified time, present in or
on a specified motor vehicle will be accepted as proof of that matter in the
absence of proof to the contrary.
(3) In proceedings for
an offence against this Act—
(a) a
statement produced by the prosecution and purporting to be signed by an
authorised officer and stating—
(i)
the mass of a vehicle with or without its load; or
(ii)
the mass carried on an axle, or axle group, of a vehicle;
or
(iii)
the dimensions or measurements of a vehicle or its load,
or any part of a vehicle or its load; or
(iv)
that a wheel or tyre of a vehicle is of a specified type
or class; or
(v)
that a vehicle has, or does not have, a specified
mechanical part, or system, of a specified type or class,
is proof of the fact so stated in the absence of proof to the contrary;
(ab) a
statement produced by the prosecution and purporting to be signed by a person
in charge of a weighbridge or other instrument for determining mass and
stating that the weighbridge or instrument is of a specified class, or that it
complies with the requirements of the regulations constitutes proof of the
fact so stated in the absence of proof to the contrary;
(ac) a
statement produced by the prosecution and purporting to be signed by a person
in charge of a weighbridge or other instrument for determining mass and
stating that the person has complied with the requirements of the regulations
in relation to the taking of certain specified measurements constitutes proof
of the fact so stated in the absence of proof to the contrary;
(b) a
document produced by the prosecution and purporting to be signed by the
Commissioner of Police, or by any other police officer of or above the rank of
inspector, and purporting to certify that a specified stopwatch or speedometer
had been tested on a specified day and was shown by the test to be accurate to
the extent indicated in the document constitutes, in the absence of proof to
the contrary, proof of the facts certified and that the relevant instrument
was accurate to that extent on the day of the test and—
(i)
in the case of a stopwatch—throughout the 14 day
period following and the 14 day period preceding the day of the test; or
(ii)
in the case of a speedometer—throughout the 3 month
period following and the 3 month period preceding the day of the test,
for the purpose of measuring the speed of any motor vehicle, whether or not
the speed measured differed from the speed in relation to which the stopwatch
or speedometer was tested or the circumstances of the measurement differed in
any other respect from the circumstances of the test;
(ba) a
document produced by the prosecution and purporting to be signed by the
Commissioner of Police, or by any other police officer of or above the rank of
inspector, and purporting to certify that a specified traffic speed analyser
that is a photographic detection device had been tested on a specified day and
was shown by the test to be accurate to the extent indicated in the document
constitutes, in the absence of proof to the contrary, proof of the facts
certified and that the traffic speed analyser was accurate to that extent on
the day on which it was so tested and, for the purpose of measuring the speed
of any motor vehicle—
(i)
in the case of such a traffic speed analyser that was, at
the time of measurement, mounted in a fixed housing—during the period of
27 days immediately following that day; or
(ii)
in any other case—on the day following that day,
whether or not the speed measured differed from the speed in relation to which
the analyser was tested or the circumstances of the measurement differed in
any other respect from the circumstances of the test;
(baa) a
document produced by the prosecution and purporting to be signed by the
Commissioner of Police, or by any other police officer of or above the rank of
inspector, and purporting to certify that a specified traffic speed analyser
that is not a photographic detection device had been tested on a specified day
in accordance with—
(i)
the appropriate Australian Standard for testing the
analyser as in force on the day of testing; or
(ii)
if there was no appropriate Australian Standard for
testing the analyser in force on the day of testing—the manufacturer's
specifications,
and was shown to be accurate to the extent indicated in the document,
constitutes, in the absence of proof to the contrary, proof of the facts
certified and that the traffic speed analyser was accurate to that extent on
the day on which it was so tested and, for the purpose of measuring the speed
of any motor vehicle, during the period of 1 year immediately following
that day (whether or not the speed measured differed from the speed in
relation to which the analyser was tested or the circumstances of the
measurement differed in any other respect from the circumstances of the test);
(bb) a
document produced by the prosecution and purporting to be signed by the
Commissioner of Standards, or the Officer-in-Charge of Testing, Civil
Engineering Testing Laboratories of the University of Adelaide, and certifying
that a specified weighbridge or other instrument for determining mass had been
tested on a specified day, such day being within 12 months before or after the
date of the offence, and was shown by the test to be accurate to the extent
indicated in the document constitutes, in the absence of proof to the
contrary, proof that at the time of the offence the weighbridge or instrument,
as the case may be, was accurate to the extent indicated in the document.
(4) For the purposes
of subsection (3)(ba), a traffic speed analyser will be taken to have
been mounted in a fixed housing at the time of measuring the speed of a
motor vehicle if it was, at that time, mounted in or on a structure that was
affixed to the ground.
(5) In any proceedings
under or for the purposes of a road law—
(a) a
document purporting to be signed by an authorised officer or issued or signed
by an Australian Authority, and to certify that any specified specifications,
capabilities or legal entitlements or other information relating to a
specified vehicle (or a specified component of a specified vehicle) were or
were not displayed on the vehicle, or were or were not recorded in an
Australian Authority's records, in accordance with an Australian road law; or
(b) a
document purporting to be signed by an authorised officer or issued or signed
by an Australian Authority, and to certify that any specified person or
vehicle had or did not have specified legal entitlements; or
(c) a
document purporting to be signed by an authorised officer or issued or signed
by an Australian Authority, and to certify as to any matter that appears in or
can be calculated from records kept or accessed by the officer or
Australian Authority; or
(d) a
document purporting to be signed by an authorised officer, and to certify as
to the service of an expiation notice or the expiation of an offence,
constitutes proof of the fact so certified in the absence of proof to the
contrary.
(6) Transport
documentation or journey documentation is admissible in any proceedings under
or for the purposes of a road law and is prima facie evidence of—
(a) the
identity and status of the parties to the transaction to which it relates; and
(b) the
destination or intended destination of the load to which it relates.
(7) The reference in
subsection (6) to the "status" of parties includes a reference to their
status as responsible persons in relation to the transaction.