Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) Section 24A is in addition to, and does not limit, any other form of proof of a vehicle's speed.
(2) Without limiting subsection (1), a court in a proceeding against a person for a speeding offence in which the prosecution is relying on evidence of the average speed of the vehicle may convict a person, or find a person guilty, of the offence by relying on evidence of the actual speed of the vehicle at a particular point of its journey between 2 detection points if the court is satisfied that—
(a) evidence in the proceeding (other than evidence establishing the average speed) establishes the actual speed at which the driver was driving, and the actual speed limit that applied to the driver at that point; and
(b) the use of the actual speed and actual speed limit rather than the average speed (and, if relevant, the average speed limit) demonstrates that the driver exceeded the speed limit by a greater speed than that indicated by the use of the average speed (and average speed limit).
Example
The average speed of a vehicle between 2 detection points is 120km/h along a length of road for which the speed limit is 90km/h. A police officer measured the speed of the vehicle at a point during that journey at 130km/h using a speed measuring device. The court may rely on the evidence obtained by the police officer rather than the average speed to convict a person of the speeding offence.