Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 120

120 Evidentiary provisions

(1) This section applies to a proceeding for an offence involving a motor vehicle under this or another Act.

(2) An image or video produced by the prosecution, complying with subsection (2AA) , purporting to be an image or video that was properly made by a photographic detection device of a matter happening at a specified location and time is evidence of the following matters—

(a) the image or video was made of a matter happening at the specified location and time;

(b) the accuracy of the image or video;

(c) the things depicted in the image or video;

(d) any requirements prescribed by regulation about the operation and testing of a photographic detection device were complied with for the specified device at all material times.

(2AA) An image or video mentioned in subsection (2) must include a certification, or be accompanied by a certificate, signed by an official stating that the image or video was properly made by a photographic detection device of a matter happening at a specified location and time.

(2A) A certificate purporting to be signed by an official stating that a stated photographic detection device—

(a) was tested at a stated time and in accordance with—

(i) the specifications of the device’s manufacturer; and

(ii) any further requirements about calibration testing prescribed under a regulation; and

(b) was found to produce accurate results at the time of testing;

is evidence of the matters stated and evidence the device was producing accurate results when so tested and for 1 year after the day of testing.

(3) If an image or video produced under subsection (2) is one in a series of images or videos also produced under subsection (2) —

(a) the image or video may be numbered; and

(b) the time it was made may be identified by reference to another image or video in the series.

(4) If an image or video produced under subsection (2) has a marking or writing associated with the image or video—

(a) the marking or writing is taken to have been properly made by the photographic detection device; and

(b) the image or video is also evidence of each thing in relation to the image or video that the marking or writing is prescribed to mean under a regulation.

(6) Evidence of the condition of the photographic detection device is not required unless evidence that the device was not in proper condition has been given.

(7) A defendant who intends, at the hearing of a charge against the defendant under this Act, to challenge—

(a) the accuracy of a photographic detection device; or

(b) the image or video made by a photographic detection device; or

(c) a marking or writing made by a photographic detection device associated with an image or video; or

(ca) either of the following matters—

(i) whether a motor vehicle was carrying a placard load (within the meaning under section 84A ) in a tunnel;

(ii) whether a placard load prohibited sign (within the meaning under section 84A ) at or before the entrance to a tunnel was clearly visible to a person entering the tunnel; or

(d) a matter mentioned in section 120A (4) (a) ,(b) or (c) or 120B(5)(a), (b), (c), (d) or (e); or

(e) a matter mentioned in section 120D (2) (a) , (b) or (c) ; or

(f) a matter mentioned in section 120E (2) ; or

(g) the accuracy of a matter stated in a report produced by the prosecution under section 120F ;

must give written notice of the challenge to the prosecution.

(7A) Also, a defendant who intends, at the hearing of a charge against the defendant under this Act, to raise a matter, prescribed by regulation, relating to an exception, exemption or defence under this Act for a camera-detected offence must give written notice of the matter to the prosecution.

(8) A notice under subsection (7) or (7A) must be in the approved form and must—

(a) be signed by the defendant; and

(b) state the grounds on which the defendant intends to rely to challenge a matter mentioned in subsection (7) or raise a matter mentioned in subsection (7A) ; and

(c) be given at least 14 days before the day fixed for the hearing.

(9) In this section—

"associated with" , in relation to a marking or writing, means—

(a) for an image—on, adjacent to, or otherwise associated with the image; or

(b) for a video—in or otherwise associated with the video.

"official" —

(a) generally—means the commissioner or the chief executive; and

(b) in a proceeding for an offence against section 84A (1) —includes a person having responsibility for testing or checking the operation of a photographic detection device used in the detection of offences against section 84A (1) .