New South Wales Consolidated Acts

ROAD TRANSPORT ACT 2013 - SECT 139A

139A Admissibility of photographs taken by devices (other than a device approved for mobile phone use offences) for mobile phone use offences

(1) A photograph of a vehicle--

(a) taken by an approved traffic enforcement device (other than a device approved for mobile phone use offences) that is evidence under this Division of a detectable traffic offence (other than a mobile phone use offence), or

(b) taken by an approved toll camera that is evidence of a toll offence against section 250A of the Roads Act 1993 ,

may also be tendered in evidence in proceedings for a mobile phone use offence involving the driver of the vehicle.

(2) For this purpose, the provisions of this Division or section 250A of the Roads Act 1993 that apply in relation to the tendering, admission and use in evidence of a photograph for the detectable traffic offence (for which the device is approved) or toll offence of which the photograph is also evidence are taken to extend to the tendering, admission and use in evidence of the photograph for the mobile phone use offence.

(3) Nothing in this section prevents a photograph taken by an approved traffic enforcement device being tendered and used in evidence both in proceedings for a mobile phone use offence and proceedings for a detectable traffic offence (other than a mobile phone use offence) or toll offence.