South Australian Current Acts South Australian Current ActsSchedule 1—Evidence obtained by photographic detection device
In this Schedule—
camera detected registration offence means a registration offence where
evidence relating to the offence was obtained through the operation of a
photographic detection device;
photographic detection device means a photographic detection device approved
under the Road Traffic Act 1961 in relation to registration offences;
registration offence means an offence against section 9 or 102.
(1) If—
(a) the
registration of a motor vehicle has expired; and
(b) a
person is given an expiation notice for a camera detected registration offence
involving the vehicle (the first offence ); and
(c)
since the vehicle was last registered, that person has not been charged with,
or been given an expiation notice for, a registration offence arising out of a
different incident involving that vehicle,
the first offence subsumes all other camera detected registration offences
involving that vehicle and committed by that person within 14 days of the
date of the commission of the first offence.
(2) However, if,
within 14 days of the date of the commission of the first offence, the person
is charged with, or given an expiation notice for, that offence or any other
registration offence involving the same vehicle, any camera detected
registration offences involving that vehicle and committed by that person
after the person is so charged, or is given such an expiation notice, are not
subsumed by the first offence.
3—Notice about photographic evidence
An expiation notice, expiation reminder notice or summons in respect of a
camera detected registration offence must be accompanied by a notice in the
prescribed form stating that a copy of the photographic evidence—
(a)
will, on written application to the Commissioner of Police by the person to
whom the expiation notice, reminder notice or summons is issued, be sent by
post to the address nominated in that application or (in the absence of such a
nomination) to the last known address of the applicant; and
(b) may
be viewed on application to the Commissioner of Police.
In proceedings for a camera detected registration offence—
(a) a
photograph or series of photographs produced by the prosecution will be
admitted in evidence if—
(i)
the photograph or series of photographs was produced from
exposures taken, or electronic records made, by a
photographic detection device; and
(ii)
the requirements of the Road Traffic Act 1961 as to
the operation and testing of photographic detection devices were complied with
in connection with that use of the device,
and a denotation as to date, time and location that appears as part of such a
photograph or series of photographs will be accepted as proof, in the absence
of proof to the contrary, of the date, time and location at which the
exposures were taken or the electronic records were made by the
photographic detection device; and
(b) a
document produced by the prosecution and purporting to be signed by the
Commissioner of Police, or any other police officer of or above the rank of
inspector, and purporting to certify—
(i)
that a specified device used at a specified location
during a specified period was a photographic detection device; and
(ii)
that the requirements of the Road Traffic Act 1961
as to the operation and testing of photographic detection devices were
complied with in connection with the use of that device during that period,
will be accepted as proof, in the absence of proof to the contrary, of the
facts so certified; and
(c)
where it is also certified in a document of a kind referred to in
paragraph (b) that the device was designed and set to operate according
to a specified system during that period, it will be presumed, in the absence
of proof to the contrary, that the device was designed and set to operate
according to that system during that period and did, in fact, so operate.