Traffic Amendment (Red Light Cameras) Act 2001 (TAS)

Traffic Amendment (Red Light Cameras) Act 2001

An Act to amend the Traffic Act 1925

[Royal Assent 30 October 2001]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Traffic Amendment (Red Light Cameras) Act 2001 . 2CommencementThis Act commences on a day to be proclaimed. 3Principal ActIn this Act, the Traffic Act 1925 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended as follows: (a) by omitting the definition of photographic detection device and substituting the following definitions: photograph includes any visual representation derived from a photographic image or process, including a digitalised, electronic or computer-generated image or process; photographic detection device means an apparatus specified in a declaration under subsection (3) ; (b) by inserting the following definition after the definition of public street : red light offence means an offence, under the regulations, of a driver entering an intersection contrary to a red traffic light or red traffic arrow; (c) by inserting the following definition after the definition of reliability trial : speeding offence means an offence, under the regulations, of a driver exceeding the speed-limit applying to the driver for the length of road where the driver is driving; 5Section 43L amended (Service of notices) Section 43L of the Principal Act is amended by omitting subsections (1AA) and (1AB) and substituting the following subsection: (1AA)  Where a traffic infringement notice relates to a red light offence or speeding offence and the offence has been detected by means of a photographic detection device – (a) the notice is to be served within 21 days after the commission of the offence; and (b) if the notice is not served within that period, no prosecution may be brought in respect of the offence. 6Section 51 amended (Facilitation of proof of certain matters) Section 51(1) of the Principal Act is amended by omitting paragraphs (i) , (j) and (k) . 7Sections 51A and 51B insertedAfter section 51 of the Principal Act , the following sections are inserted in Part V: 51AFacilitation 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. 51BAuthorisation 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.

[Second reading presentation speech made in:

House of Assembly on 30 AUGUST 2001

Legislative Council on 10 OCTOBER 2001]