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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Road Transport Legislation
Amendment (Evidence) Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Road Transport (General) Act 2005 No 11 2
4 Amendment of Road Transport (Safety and Traffic
Management) Act 1999 No 20 2
5 Amendment of Roads Act 1993 No 33 2
6 Amendment of other legislation 2
7 Repeal of Act 2
Schedule 1 Amendment of Road Transport (General) Act 2005 3
Schedule 2 Amendment of Road Transport (Safety and Traffic
Management) Act 1999 5
Schedule 3 Amendment of Roads Act 1993 13
Schedule 4 Amendment of other legislation 16
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2006
New South Wales
Road Transport Legislation
Amendment (Evidence) Bill 2006
Act No , 2006
An Act to amend the Road Transport (General) Act 2005, the Road Transport (Safety
and Traffic Management) Act 1999 and the Roads Act 1993 with respect to
evidentiary matters; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Road Transport Legislation Amendment (Evidence) Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Road Transport Legislation Amendment (Evidence)
Act 2006.
2 Commencement
(1) This Act commences on the date of assent to this Act, except as
provided by subsection (2).
(2) Schedule 2 [3] commences on the commencement of Schedule 1 [11] to
the Road Transport Legislation Amendment (Drug Testing) Act 2006 or
on the date of assent to this Act, whichever is the later.
3 Amendment of Road Transport (General) Act 2005 No 11
The Road Transport (General) Act 2005 is amended as set out in
Schedule 1.
4 Amendment of Road Transport (Safety and Traffic Management) Act
1999 No 20
The Road Transport (Safety and Traffic Management) Act 1999 is
amended as set out in Schedule 2.
5 Amendment of Roads Act 1993 No 33
The Roads Act 1993 is amended as set out in Schedule 3.
6 Amendment of other legislation
The Road Transport (Safety and Traffic Management) (Road Rules)
Regulation 1999 and the Roads (General) Regulation 2000 are
amended as set out in Schedule 4.
7 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Road Transport Legislation Amendment (Evidence) Bill 2006
Amendment of Road Transport (General) Act 2005 Schedule 1
Schedule 1 Amendment of Road Transport (General)
Act 2005
(Section 3)
[1] Section 179 Liability of responsible person for vehicle for designated
offences
Omit "is evidence (unless contrary evidence is adduced)" wherever occurring
in section 179 (9) (including the heading to the subsection).
Insert instead "is admissible and is prima facie evidence".
[2] Section 179 (12), definition of "camera recorded offence"
Insert at the end of paragraph (c) of the definition:
, or
(d) a speeding offence in respect of which:
(i) the penalty notice or the court attendance notice
indicates that the offence was detected by an
approved speed measuring device within the
meaning of the Road Transport (Safety and Traffic
Management) Act 1999, and
(ii) the number plate of the vehicle concerned was
recorded by a police officer using photographic or
video equipment approved by the Commissioner of
Police for the purposes of this paragraph.
[3] Schedule 1 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Road Transport Legislation Amendment (Evidence) Act 2006
[4] Schedule 1
Insert at the end of the Schedule, with appropriate Part and clause numbers:
Part Provisions consequent on enactment of
Road Transport Legislation Amendment
(Evidence) Act 2006
Definition
In this Part, amending Act means the Road Transport Legislation
Amendment (Evidence) Act 2006.
Page 3
Road Transport Legislation Amendment (Evidence) Bill 2006
Schedule 1 Amendment of Road Transport (General) Act 2005
Amendments not to apply to proceedings instituted before
commencement of amendments
(1) An amendment made to this Act by the amending Act does not
apply to proceedings for an offence that were instituted before the
commencement of the amendment.
(2) An amendment made to this Act by the amending Act applies to
proceedings for an offence that are instituted on or after the
commencement of the amendment even if the proceedings
involve an offence that was committed before that
commencement.
Page 4
Road Transport Legislation Amendment (Evidence) Bill 2006
Amendment of Road Transport (Safety and Traffic Management) Act 1999 Schedule 2
Schedule 2 Amendment of Road Transport (Safety
and Traffic Management) Act 1999
(Section 4)
[1] Sections 33 (1), (2) and (4)-(7), 35 (1)-(3) and 76 (8) and clause 5 (2) (f) of
Schedule 1
Omit "is evidence (unless evidence to the contrary is adduced)" wherever
occurring.
Insert instead "is admissible and is prima facie evidence".
[2] Section 33 Certificate evidence about breath or blood analysis in
proceedings for offences under section 9
Omit section 33 (3). Insert instead:
(3) In proceedings for an offence under section 9 or Division 3,
evidence of the condition of a breath analysing instrument, or of
the manner in which it was operated, is not required unless
evidence sufficient to raise doubt that the instrument was in
proper condition and properly operated has been adduced.
[3] Sections 33B and 33D (as inserted by Schedule 1 [11] to the Road
Transport Legislation Amendment (Drug Testing) Act 2006)
Omit "is evidence (unless evidence to the contrary is adduced)" wherever
occurring.
Insert instead "is admissible and is prima facie evidence".
[4] Section 46 Certificates concerning use of approved speed measuring
devices
Omit section 46 (1) and (2). Insert instead:
(1) In proceedings for any offence against this Act in which evidence
is given of a measurement of speed obtained by the use of an
approved speed measuring device, a certificate purporting to be
signed by an appropriate officer certifying that:
(a) the device is an approved speed measuring device within
the meaning of this Act, and
(b) on a day specified in the certificate (being within the time
prescribed by the regulations before the alleged time of the
offence) the device was tested in accordance with the
regulations and sealed by an appropriate officer, and
Page 5
Road Transport Legislation Amendment (Evidence) Bill 2006
Schedule 2 Amendment of Road Transport (Safety and Traffic Management) Act 1999
(c) on that day the device was accurate and operating properly,
is admissible and is prima facie evidence of the particulars
certified in and by the certificate.
(2) If any such certificate is tendered in proceedings for an offence,
evidence:
(a) of the accuracy or reliability of the approved speed
measuring device, or
(b) as to whether or not the device operated properly or
operates properly (generally or at a particular time or date
or during a particular period),
is not required in those proceedings unless evidence sufficient to
raise doubt that, at the time of the alleged offence, the device was
accurate, reliable and operating properly is adduced.
[5] Section 46, note
Insert at the end of the section:
Note. See also section 73A.
[6] Section 47 Photographic evidence of speeding offences
Omit section 47 (2)-(6). Insert instead:
(2) In proceedings in which such evidence is given:
(a) the provisions of section 46 relating to the accuracy or
reliability of the approved speed measuring device apply,
and
(b) subsections (3)-(7) apply in relation to the approved
camera recording device, and
(c) evidence that a photograph taken by an approved digital
camera recording device bears a security indicator of a
kind prescribed by the regulations is prima facie evidence
that the photograph has not been altered since it was taken.
(3) A photograph tendered in evidence as a photograph taken by an
approved camera recording device on a day and at a location
specified on the photograph, and as bearing a security indicator
of a kind prescribed by the regulations, is admissible and:
(a) is to be presumed to have been so taken unless evidence
sufficient to raise doubt that it was so taken is adduced, and
(b) is to be presumed to bear such a security indicator unless
evidence that is sufficient to raise doubt that it does so is
adduced, and
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Road Transport Legislation Amendment (Evidence) Bill 2006
Amendment of Road Transport (Safety and Traffic Management) Act 1999 Schedule 2
(c) is prima facie evidence of the matters shown or recorded
on the photograph.
(4) When the photograph taken by an approved camera recording
device (other than an approved digital camera recording device)
is tendered in evidence, a certificate purporting to be signed by a
police officer and certifying the following particulars is also to be
tendered in evidence and the certificate is admissible and is prima
facie evidence of those particulars:
(a) that the officer is authorised by the Commissioner of
Police to install and inspect approved camera recording
devices,
(b) that within 168 hours before the time and day recorded on
the photograph as the time at which and the day on which
the photograph was taken, the officer carried out the
inspection specified in the certificate on the approved
camera recording device that took the photograph,
(c) that on that inspection the approved camera recording
device was found to be operating correctly.
(5) When the photograph tendered in evidence is taken by an
approved digital camera recording device, a certificate
purporting to be signed by an authorised person and certifying the
following particulars is also to be tendered in evidence and the
certificate is admissible and is prima facie evidence of those
particulars:
(a) that the person is an authorised person,
(b) that within 30 days (or such other period as may be
prescribed by the regulations) before the time and day
recorded on the photograph as the time at which and the
day on which the photograph was taken, the person carried
out the inspection specified in the certificate on the
approved digital camera recording device that took the
photograph,
(c) that on that inspection the approved digital camera
recording device was found to be operating correctly.
(6) If a certificate under subsection (4) or (5) is tendered in
proceedings for an offence, evidence:
(a) of the accuracy or reliability of the camera recording
device concerned, or
Page 7
Road Transport Legislation Amendment (Evidence) Bill 2006
Schedule 2 Amendment of Road Transport (Safety and Traffic Management) Act 1999
(b) as to whether or not the device operated correctly or
operates correctly (generally or at a particular time or date
or during a particular period),
is not required in those proceedings unless evidence sufficient to
raise doubt that, at the time of the alleged offence, the device was
accurate, reliable and operating correctly is adduced.
(7) In this section, authorised person means a person (or person
belonging to a class of persons) authorised by the Authority to
install and inspect approved digital camera recording devices.
Note. See also section 73A.
[7] Section 54 Cost of removal of prescribed traffic control device
Omit "is evidence (unless evidence to the contrary is adduced)" from
section 54 (2).
Insert instead "is admissible in any such proceedings and is prima facie
evidence".
[8] Section 57 Photographic evidence of traffic light offences
Omit section 57 (2). Insert instead:
(2) In proceedings for a traffic light offence:
(a) a photograph tendered in evidence as a photograph taken
by means of the operation, on a day specified on the
photograph, of an approved camera detection device
installed at a location specified on the photograph is
admissible and is to be presumed to have been so taken
unless evidence sufficient to raise doubt that it was so
taken is adduced, and
(b) any such photograph is prima facie evidence of the matters
shown or recorded on the photograph.
[9] Section 57 (3)
Omit "and is evidence (unless evidence to the contrary is adduced)".
Insert instead ", is admissible and is prima facie evidence".
[10] Section 57 (4)
Insert after section 57 (3):
(4) If a certificate under subsection (3) is tendered in proceedings for
an offence, evidence:
(a) of the accuracy or reliability of the approved camera
detection device, or
Page 8
Road Transport Legislation Amendment (Evidence) Bill 2006
Amendment of Road Transport (Safety and Traffic Management) Act 1999 Schedule 2
(b) as to whether or not the device operated properly or
operates properly (generally or at a particular time or date
or during a particular period),
is not required in those proceedings unless evidence sufficient to
raise doubt that, at the time of the alleged offence, the device was
accurate, reliable and operating properly is adduced.
Note. See also section 73A.
[11] Section 57B Photographic evidence of public transport lane offences
Omit section 57B (2). Insert instead:
(2) In proceedings for a public transport lane offence:
(a) one or more photographs tendered in evidence as
photographs taken by means of the operation, on a day
specified on the photographs, of an approved traffic lane
camera device or devices installed at a location or
locations specified on the photographs, and as each
bearing a security indicator of a kind prescribed by the
regulations, are admissible and are to be presumed:
(i) to have been so taken unless evidence sufficient to
raise doubt that they were so taken is adduced, and
(ii) to bear such a security indicator unless evidence that
is sufficient to raise doubt that they do so is adduced,
and
(b) evidence that a photograph tendered in evidence taken by
an approved traffic lane camera device bears a security
indicator of a kind prescribed by the regulations is prima
facie evidence that the photograph has not been altered
since it was taken, and
(c) any such photograph is prima facie evidence of the matters
shown or recorded on the photograph.
[12] Section 57B (3)
Omit "and is evidence (unless evidence to the contrary is adduced)".
Insert instead ", is admissible and is prima facie evidence".
[13] Section 57B (5)
Insert after section 57B (4):
(5) If a certificate under subsection (3) is tendered in proceedings for
an offence, evidence:
(a) of the accuracy or reliability of the approved traffic lane
camera device, or
Page 9
Road Transport Legislation Amendment (Evidence) Bill 2006
Schedule 2 Amendment of Road Transport (Safety and Traffic Management) Act 1999
(b) as to whether or not the device operated properly or
operates properly (generally or at a particular time or date
or during a particular period),
is not required in those proceedings unless evidence sufficient to
raise doubt that, at the time of the alleged offence, the device was
accurate, reliable and operating properly is adduced.
Note. See also section 73A.
[14] Section 69C Vehicles to be speed limited
Omit "is evidence (unless contrary evidence as to that speed is adduced)" from
section 69C (2).
Insert instead "is admissible and is prima facie evidence".
[15] Section 69D Certificate evidence of speed limiter compliance
Omit "is evidence (unless contrary evidence is adduced)" from section
69D (1).
Insert instead "is admissible and is prima facie evidence".
[16] Section 69E Photographic evidence of speed of vehicle
Omit "Section 47 (2)-(6)" from section 69E (2).
Insert instead "Section 47 (2)-(7)".
[17] Section 69E, note
Insert at the end of the section:
Note. See also section 73A.
[18] Section 71 Regulations
Omit "as evidence concerning that matter in proceedings before a court or
tribunal unless evidence to the contrary is adduced" from section 71 (10).
Insert instead "and prima facie evidence of that matter in proceedings before
a court or tribunal".
[19] Section 73A
Insert after section 73:
73A Rebuttal of evidence of matters of specialised knowledge
(1) This section applies to the determination of whether evidence is
sufficient to rebut prima facie evidence or a presumption, or to
raise doubt about a matter, as referred to in section 46, 47, 57,
57B or 69E and for the purposes of proceedings to which those
sections apply.
Page 10
Road Transport Legislation Amendment (Evidence) Bill 2006
Amendment of Road Transport (Safety and Traffic Management) Act 1999 Schedule 2
(2) An assertion that contradicts or challenges:
(a) the accuracy or reliability, or the correct or proper
operation, of an approved device, or
(b) the accuracy or reliability of information (including a
photograph) derived from such a device,
is capable of being sufficient, in proceedings to which this section
applies, to rebut such evidence or such a presumption, or to raise
such doubt, only if it is evidence adduced from a person who has
relevant specialised knowledge (based wholly or substantially on
the person's training, study or experience).
(3) In this section, approved device means:
(a) an approved camera detection device, or
(b) an approved camera recording device, or
(c) an approved speed measuring device, or
(d) an approved traffic lane camera device.
[20] Section 75 Removal of dangers and obstructions to traffic
Omit "is evidence (unless evidence to the contrary is adduced)" from section
75 (3).
Insert instead "is admissible in any such proceedings and is prima facie
evidence".
[21] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Road Transport Legislation Amendment (Evidence) Act 2006
[22] Schedule 2
Insert at the end of the Schedule, with appropriate Part and clause numbers:
Part Provisions consequent on enactment of
Road Transport Legislation Amendment
(Evidence) Act 2006
Definition
In this Part, amending Act means the Road Transport Legislation
Amendment (Evidence) Act 2006.
Page 11
Road Transport Legislation Amendment (Evidence) Bill 2006
Schedule 2 Amendment of Road Transport (Safety and Traffic Management) Act 1999
Amendments not to apply to proceedings instituted before
commencement of amendments
(1) An amendment made to this Act by the amending Act does not
apply to proceedings for an offence that were instituted before the
commencement of the amendment.
(2) An amendment made to this Act by the amending Act applies to
proceedings for an offence that are instituted on or after the
commencement of the amendment even if the proceedings
involve an offence that was committed before that
commencement.
Page 12
Road Transport Legislation Amendment (Evidence) Bill 2006
Amendment of Roads Act 1993 Schedule 3
Schedule 3 Amendment of Roads Act 1993
(Section 5)
[1] Section 250A Approved camera recording devices--toll offences
Omit section 250A (2). Insert instead:
(2) In proceedings for a toll offence:
(a) a photograph tendered in evidence as a photograph taken
by means of the operation, on a day specified on the
photograph, of an approved toll camera installed at a
location specified on the photograph, and as bearing a
security indicator of a kind prescribed by the regulations,
is admissible and is to be presumed:
(i) to have been so taken unless evidence sufficient to
raise doubt that it was so taken is adduced, and
(ii) to bear such a security indicator unless evidence
sufficient to raise doubt that it does so is adduced,
and
(b) evidence that a photograph tendered in evidence bears a
security indicator of a kind prescribed by the regulations is
prima facie evidence that the photograph has not been
altered since it was taken, and
(c) any such photograph is prima facie evidence of the matters
shown or recorded on the photograph.
[2] Section 250A (3)
Omit "is evidence (unless evidence to the contrary is adduced)".
Insert instead "is admissible and is prima facie evidence".
[3] Section 250A (6) and (7)
Insert after section 250A (5):
(6) If a certificate under subsection (3) is tendered in proceedings for
an offence, evidence:
(a) of the accuracy or reliability of the approved toll camera,
or
(b) as to whether or not the camera operated correctly or
operates correctly (generally or at a particular time or date
or during a particular period),
is not required in those proceedings unless evidence sufficient to
raise doubt that, at the time of the alleged offence, the camera was
accurate, reliable and operating correctly is adduced.
Page 13
Road Transport Legislation Amendment (Evidence) Bill 2006
Schedule 3 Amendment of Roads Act 1993
(7) For the purposes of this section, an assertion that contradicts or
challenges:
(a) the accuracy or reliability, or the correct or proper
operation, of an approved toll camera, or
(b) the accuracy or reliability of information (including a
photograph) derived from such a camera,
is capable of being sufficient to rebut prima facie evidence or a
presumption, or to raise doubt about a matter, only if it is
evidence adduced from a person who has relevant specialised
knowledge (based wholly or substantially on the person's
training, study or experience).
[4] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Road Transport Legislation Amendment (Evidence) Act 2006
[5] Schedule 2
Insert at the end of the Schedule, with appropriate Part and clause numbers:
Part Provisions consequent on enactment of
Road Transport Legislation Amendment
(Evidence) Act 2006
Definition
In this Part, amending Act means the Road Transport Legislation
Amendment (Evidence) Act 2006.
Amendments not to apply to proceedings instituted before
commencement of amendments
(1) An amendment made to this Act by the amending Act does not
apply to proceedings for an offence that were instituted before the
commencement of the amendment.
Page 14
Road Transport Legislation Amendment (Evidence) Bill 2006
Amendment of Roads Act 1993 Schedule 3
(2) An amendment made to this Act by the amending Act applies to
proceedings for an offence that are instituted on or after the
commencement of the amendment even if the proceedings
involve an offence that was committed before that
commencement.
Page 15
Road Transport Legislation Amendment (Evidence) Bill 2006
Schedule 4 Amendment of other legislation
Schedule 4 Amendment of other legislation
(Section 6)
4.1 Road Transport (Safety and Traffic Management) (Road
Rules) Regulation 1999
[1] Clause 138 Schemes to assist children to cross roads
Omit "is evidence (unless evidence to the contrary is adduced)" from clause
138 (7).
Insert instead "is admissible and is prima facie evidence".
[2] Clause 156A Security indicators: section 47 of Act
Omit "section 47 (2) (c)" from clause 156A (1). Insert instead "section 47".
[3] Clause 156B Security indicators: section 57B of Act
Omit "section 57B (2) (b)" from clause 156B (1). Insert instead "section 57B".
4.2 Roads (General) Regulation 2000
Clause 23D Security indicators: section 250A of Act
Omit "section 250A (2) (b)" from clause 23D (1).
Insert instead "section 250A".
Page 16
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