Queensland Consolidated Acts

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

120F Report about offence detected by photographic detection device

(1) This section applies to a proceeding for a prescribed offence if, under section 120 , the prosecution intends to rely on an image or a series of images, or a video or a series of videos, made by a photographic detection device as evidence of particular elements of the offence.

(2) The prosecution may produce a report complying with this section in the proceeding.

(3) The report must—

(a) be made in the way prescribed by regulation for the photographic detection device; and

(b) contain only 1 or more of the following—

(i) a copy of the image or some or all of the images in the series, or a still image or images taken from the video or some or all of the videos in the series;

(ii) a summary of the things depicted in the image or images, or the still image or images from the video or videos;

(iii) for a copy of images in a series or still images of videos in a series—the numbers of the images or videos and the times they were taken, as identified under section 120 (3) ;

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

(v) a matter prescribed under subsection (4) (b) ; and

(c) include a certification, or be accompanied by a certificate, signed by the commissioner stating that the report—

(i) was properly made in the way prescribed under paragraph (a) for the photographic detection device; and

(ii) contains only matters mentioned in paragraph (b) .

(4) If the way prescribed under subsection (3) (a) for a photographic detection device requires or otherwise involves analysis or a determination being made by a person, the regulation must state—

(a) the class of appropriately qualified persons who may conduct the analysis or make the determination; and

(b) the matters about the proper conduct of the analysis or making of the determination that must be stated in a report under this section.

(5) A report produced under this section is evidence of the following—

(a) the things depicted in a copy of an image, or a still image from a video, contained in the report;

(b) if a copy of an image or still image from a video contained in the report has a marking or writing associated with the image or video—each thing in relation to the image or video that the marking or writing is prescribed to mean under a regulation;

(c) a matter stated in a summary mentioned in subsection (3) (b) (ii) contained in the report;

(d) a matter mentioned in subsection (3) (b) (iii) , (iv) or (v) contained in the report.