New South Wales Consolidated Acts

NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 197A

197A Approved cameras--offences relating to vehicles entering or using park

(1) In proceedings for a vehicle entry offence--

(a) a digital image purporting to be taken by means of the operation of an approved camera installed or set up at the place and on the day specified on the image, and bearing a security indicator, is prima facie evidence that the image--

(i) was taken at the place and on the day specified on the image, and

(ii) bears the security indicator, and

(b) evidence that the image bears a security indicator is prima facie evidence the image has not been altered since the image was taken, and

(c) the image is prima facie evidence of the matters shown or recorded on the image.

(2) In proceedings for a vehicle entry offence, a certificate purporting to be signed by the Secretary, and certifying the following particulars with the image, is admissible as prima facie evidence that--

(a) the person is the Secretary,

(b) within 12 months, or another period prescribed by the regulations, including a longer period, before the day recorded on the photograph as the day on which the photograph was taken, an authorised person carried out an inspection on the approved camera specified in the certificate,

(c) on the inspection, the approved camera was found to be operating correctly.

(3) In this section--

"approved camera" means a digital camera of a type approved by the Minister by order published in the Gazette as being designed--

(a) to take a photograph of a motor vehicle as the motor vehicle is being driven in or around a park, and

(b) to record on the photograph--

(i) the date on which the photograph is taken, and

(ii) the time and location at which the photograph is taken, and

(iii) the direction in which the vehicle activating the camera is travelling, and

(iv) ancillary information in connection with a fee or charge and the photographing of the motor vehicle at that time and location that is prescribed by the regulations.

"authorised person" means a person authorised by the Secretary to install and inspect approved cameras.

"digital camera" means a camera recording device that is capable of recording images in a digitised format.

"digital image" includes a digitised, electronic or computer generated image in a form approved by the Secretary.

"park" --

(a) means a national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve or Aboriginal area, or land acquired by the Minister under Part 11, and

(b) includes roads and waters in the boundaries of a park, site, area, reserve or land specified in paragraph (a).

"security indicator" means a security indicator of a kind approved by the Minister by order published in the Gazette.

"vehicle entry offence" means the following offences--

(a) an offence against this Act or the regulations for entering a park by motor vehicle without payment of a fee or charge,

(b) an offence prescribed by the regulations for the purposes of this section.