Road Traffic Amendment (Measuring Equipment) Act 1996 (WA)

WESTERN AUSTRALIA

ROAD TRAFFIC AMENDMENT

(MEASURING EQUIPMENT)

ACT 1996

No. 37 of 1996

AN ACT to amend the Road Traffic Act 1974.

[Assented to 27 September 1996.]

The Parliament of Western Australia enacts as follows:

Short title

1. This Act may be cited as the Road Traffic Amendment

(Measuring Equipment) Act 1996.

No. 37] Road Traffic Amendment

s. 2 (Measuring Equipment) Act 1996

Commencement

2. This Act comes into operation on the day on which it

receives the Royal Assent.

Principal Act

3.   In this Act the Road Traffic Act 1974* is referred to as the

principal Act.

[* Reprinted as at 1 June 1995.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, pp. 191-3 and Gazette 24 May 1996.]

Section 98A amended

4. (1) Section 98A (1) of the principal Act is amended by inserting in the appropriate alphabetical position the following definition —

‘‘

‘‘authorized person’’ means —

(a)

in relation to distance measuring equipment —

(i)	a member of the Police Force; or
(ii)	a person certified by the Commissioner of Police as being competent to use the equipment;

(b)

in relation to speed measuring equipment —

(i)	a member of the Police Force; or
(ii)	a person certified by the Commissioner of Police as being competent to use the equipment;

’’.

Road Traffic Amendment [No. 37

(Measuring Equipment) Act 1996 s. 4

(2) Section 98A (3), (3a), (4) and (4a) of the principal Act are

amended by deleting ‘‘a member of the Police Force’’ wherever it

occurs and substituting the following —

‘‘ an authorized person ’’.

(3) After section 98A (4a) of the principal Act the following

subsection is inserted —

‘‘

(4b) In any proceeding such as is mentioned in subsection (3) or (3a), a certificate purporting to be signed by the Commissioner of Police certifying that a person named in the certificate is, or was at the material time, a person certified by the Commissioner as being competent to use distance measuring equipment or to use speed measuring equipment is prima facie evidence of the matters in the certificate, without proof of the signature of the person purporting to have signed it or proof that the purported signatory was the Commissioner.

’’.