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1989 No. 97 DEFENCE FORCE DISCIPLINE REGULATIONS (AMENDMENT) - REG 2

2. After regulation 25 of the Principal Regulations, the following regulations
are inserted in Part III: Evidence of speed of vehicles-use of radar devices

"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 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.
        Offence in relation to radar devices

"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.". 


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