Defence Force Discipline Regulations (Amendment) (Cth)
I,
THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice
of the Federal Executive Council, hereby make the following Regulations under
the
Dated 22 May 1989.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
David Simmons
Minister of State for Defence Science and Personnel
“25a. (1) In this regulation, unless the contrary intention appears:
‘authorised tester’ means a person holding an appointment under subregulation (4);
‘radar device’ means a device for measuring the speed of vehicles of the type that is known as ‘The Kustom Falcon’;
‘registration number’, in relation to a vehicle, means the figures, letters or figures and letters appearing on a number-plate affixed to the
(S.R. 49/89)—Cat. No. 14/10.4.1989
vehicle, and issued or apparently issued by a competent authority or officer of the Commonwealth or a State or Territory;
‘relevant occasion’ means an occasion mentioned in subregulation (2) and concerning which evidence is adduced or sought to be adduced in proceedings mentioned in that subregulation;
‘vehicle’ means a motor-powered vehicle, and includes a service vehicle.
“(2) Subject to subregulation (3), in proceedings before a service tribunal for an offence in which the speed of a vehicle on an occasion is a relevant fact or issue, evidence of the speed of the vehicle as measured on that occasion by means of a radar device is evidence of the speed of the vehicle on that occasion.
“(3) Subregulation (2) does not apply unless the service tribunal that is hearing the proceedings is satisfied that:
(a) the radar device that was operated on the relevant occasion was, not more that 12 months before that occasion, tested in accordance with subregulation (5) and met the criteria specified in paragraph (5) (a) when so tested;
(b) the device was, upon completion of that test, sealed in accordance with subregulation (6); and
(c) on the relevant occasion the device was operated in accordance with subregulation (7).
“(4) An officer, not below the rank of brigadier, commodore or air commodore, may by instrument in accordance with Form 6 appoint an electrical engineer or an electronic technician as an authorised tester for the purposes of this regulation.
“(5) The requirements for testing a radar device are:
(a) that the test is such as will ensure, with respect to the speed computing components of the device, that the device (if it passes the test) meets the following criteria:
(i) the circuit is in accordance with the manufacturer’s circuit design, or any modification to that design approved by the manufacturer;
(ii) the device is in a satisfactory electrical condition and a satisfactory state of maintenance; and
(iii) the device is properly calibrated, and the time intervals at which the calibration is effected produce speed readings, within a limit of error plus or minus 2 kilometres per hour of true speeds, determinable from those intervals;
(b) that the person who conducts the test forthwith makes, signs and dates a statement containing the following information derived from the test:
(i) the speeds at which the calibration was effected and the number of times at each speed that the calibration was effected;
(ii) the type of the device;
(iii) the identification number or symbols of the device;
(iv) the date of the test;
(v) the ambient temperature at the time of the test; and
(vi) any other results of the test and any comments of that person on the test or its results; and
(c) that the person who conducts the test is an authorised tester.
“(6) The requirements for sealing a radar device are:
(a) that the person who seals the device conducted the test of the device in accordance with subregulation (5);
(b) that the device met the criteria specified in paragraph (5) (a) during the test; and
(c) that that person upon completion of the test seals the device in such a way as to prevent the device being tampered with or interfered with without breaking the seal.
“(7) The requirements for operating a radar device are:
(a) that the seal on the device is intact;
(b) that the digital speed display of the device when connected to a source of electric power displays a reading of (888);
(c) that the doppler audio signal of the device is set at a level clearly audible to the operator;
(d) that the operator operates the device with the device aimed in the direction of the vehicle whose speed is to be measured while that vehicle is in the operator’s line of vision;
(e) that while the device is so aimed the operator reads the speed displayed on the digital speed display of the device;
(f) that as soon as practicable the operator records:
(i) the speed so displayed; and
(ii) the make and registration number of the vehicle whose speed was so measured; and
(g) that the operator is a service policeman.
“(8) The production to the service tribunal of a document of appointment in accordance with Form 6 purporting to be signed by an appointing officer mentioned in subregulation (4) and dated not later than the day on which the relevant testing of a radar device was conducted is evidence that the person appointed by the document was, on that day, an authorised tester.
“(9) The production to the service tribunal of a certificate in accordance with Form 7, and a statement made or apparently made in accordance with paragraph (5) (b), in relation to a radar device, both purporting to be signed by a person who was an authorised tester on the day mentioned in subregulation (8), is evidence:
(a) that the radar device of the type, and bearing the identification number or symbols, mentioned in those documents was, on the date of those documents, tested in accordance with subregulation (5) and when so tested met the criteria specified in paragraph (5) (a); and
(b) that the device was, upon completion of that test, sealed in accordance with subregulation (6).
“(10) The production to the service tribunal of a certificate in accordance with Form 8 purporting to be signed by a service policeman is evidence that, on the date and at the time and place mentioned in the certificate:
(a) the radar device of the type, and bearing the identification number or symbols, mentioned in the certificate was operated in accordance with subregulation (7);
(b) the speed of a vehicle was measured by means of a radar device and that the speed was the speed set out in the certificate; and
(c) the vehicle whose speed was so measured was the vehicle of the make, and bearing the registration number, set out in the certificate.
“25b. (1) In this regulation, ‘radar device’ has the same meaning as in regulation 25a.
“(2) A person shall not, knowingly and without lawful authority, tamper with, interfere with, or cause damage to, a sealed radar device or the seal of a radar device.
Penalty: $500.”.
“FORM 6 Subregulations 25a (4)
and (8)
COMMONWEALTH OF AUSTRALIA
DEFENCE FORCE DISCIPLINE ACT 1982
APPOINTMENT OF AUTHORISED TESTER
(
I, ......................................................................................................................................... ,
a
......................................................................................................................................... in the
(
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acting under regulation 25a of the Defence Force Discipline Regulations, hereby appoint
(
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an electrical engineer*/electronic technician*, as an authorised tester for the purposes of that regulation.
(
....................................................
(
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(
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*Strike out whichever is inapplicable.
“FORM 7 Subregulation 25a (9)
COMMONWEALTH OF AUSTRALIA
DEFENCE FORCE DISCIPLINE ACT 1982
CERTIFICATE OF TESTING OF RADAR DEVICE
(VALID FOR 12 MONTHS)
(
I, .............................................................................................................................................. , certify that:
(a) I have been appointed as an authorised tester for the purposes of regulation 25a of the Defence Force Discipline Regulations, and to the best of my knowledge and belief that appointment has not been revoked;
(b) I have this day tested a radar device of the following type:
(
.................................................................................................................... and bearing the following identification number or symbols:
(
......................................................................................................................................
(c) I tested the radar device in accordance with subregulation 25a (5), and ascertained that the device met the criteria specified in paragraph 25a (5) (a) of those Regulations; and
(d) upon completion of the test, I sealed the radar device in accordance with subregulation 25a (6) of those Regulations.
(
....................................................
Authorised tester
(
....................................................
“FORM 8 Subregulation 25a (10)
COMMONWEALTH OF AUSTRALIA
DEFENCE FORCE DISCIPLINE ACT 1982
CERTIFICATE OF HAVING OPERATED A RADAR DEVICE
(
I, ............................................................................................................................................... , certify that:
(a) I am a service policeman for the purposes of the above Act;
(
(b) I have this day at........................................................................................................ at
(
place of operation ).....................................................................................................................................
operated a radar device within the meaning of regulation 25a of the Defence Force Discipline Regulations, bearing identification number or symbols................................................
(
identification number or symbols ).................................................. , in accordance with subregulation 25a (7).
(c) while I so operated the radar device I measured the speed of a motor vehicle
(
of the make...................................................................................................................
(
registration number )and bearing registration number.....................................................................................
and that the speed at which that vehicle was then moving, as displayed on the
(speed)
digital speed display of the device, was...........................................................................
kilometres per hour; and
(d) as soon as was practicable I recorded that speed and that make and registration number, and the speed, make and registration number stated in this certificate conform with the speed, make and registration number that I so recorded.
(
....................................................
Service policeman
.................................................... .”.
(
1. Notified in the
2. Statutory Rules 1985 No. 125 as amended by 1985 No. 332; 1986 No. 46.
Printed by Authority by the Commonwealth Government Printer
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