Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) This section applies in relation to proceedings before a court martial or Defence Force magistrate for an offence against section 40A of the Act.
(2) Evidence of the speed of the conveyance as measured at a particular time by means of a speed measuring device is evidence of the speed of the conveyance at that time if the court martial or Defence Force magistrate, as the case may be, is satisfied that:
(a) the speed measuring device was tested, not more than 12 months before that time, by an approved tester in accordance with:
(i) Australian Standard AS 4691.2-2003 Laser-based speed detection devices, Part 2: Operational procedures , as in force when this instrument commenced; and
(ii) any specifications of the manufacturer of the device that applied when this instrument commenced; and
(b) the device was, upon completion of that test, sealed by an approved tester in accordance with:
(i) Australian Standard AS 4691.1-2003 Laser-based speed detection devices, Part 1: Definitions and device requirements , as in force when this instrument commenced; and
(ii) any specifications of the manufacturer of the device that applied when this instrument commenced; and
(c) at that time the device was operated by a police member in accordance with Australian Standard AS 4691.2-2003 Laser-based speed detection devices, Part 2: Operational procedures , as in force when this instrument commenced.
(3) For the purposes of subsection (2), the production to a court martial or Defence Force magistrate of a certificate in accordance with Form 1, 2 or 3 in Schedule 1 to this instrument is prima facie evidence of the facts stated in the certificate.