South Australian Numbered Acts South Australian Numbered Acts38—Insertion of Schedule 1
After section 148 insert:
Schedule 1—Evidence obtained by photographic detection device
1—Interpretation
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.
2—Certain offences subsumed
(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 7 days of the date of the commission of the first offence.
(2) However, if, within 7 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 he or she 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.
4—Evidentiary
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 each of the photographs was produced from an exposure taken, or electronic record 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 will be accepted as proof, in the absence of proof to the contrary, of the date, time and location at which the exposure was taken or the electronic record 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.