283Law enforcement devices

#### 283 Law enforcement devices 283 Law enforcement devices > > (1) A certificate— > > > > > (a) that would, by virtue of a provision of Division 5 of Part 5.3 of, or Division 2 of Part 5 of Schedule 3 to, the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018), be admissible in proceedings for an offence under that Act as evidence of the particulars certified in and by the certificate, or > > > > > (b) that would, by virtue of section 33, 33D, 35, 46, 47, 47B, 57 or 57B of the former [Road Transport (Safety and Traffic Management) Act 1999](/view/html/repealed/current/act-1999-020) (as continued in effect under Schedule 4 to the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018)), be admissible in proceedings for an offence under the former Act as evidence of the particulars certified in and by the certificate, or > > > > > (c) that would, by virtue of clause 27 or 29 of Schedule 1 to the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121), be admissible in proceedings for an offence under that Act as evidence of the particulars certified in and by the certificate, > > > > is admissible in all criminal proceedings as evidence of those particulars. > > > (2) Despite subsection (1), such a certificate is not admissible in proceedings under the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226) as evidence of the use or administration, by the person to whom the certificate relates, of any prohibited drug within the meaning of that Act. > > > (3) Evidence is not required in any criminal proceedings— > > > > > (a) as to the accuracy or reliability of any approved traffic enforcement device or breath analysing instrument to which such a certificate relates, or > > > > > (b) as to the manner in which any approved traffic enforcement device or breath analysing instrument to which such a certificate relates was operated, > > > > unless evidence is adduced that the device or instrument was not accurate, was not reliable or was not properly operated. > > > (4) A photograph— > > > > > (a) that would, by virtue of a provision of Division 5 of Part 5.3 of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018), be admissible in proceedings under that Act as evidence of the matters shown or recorded on the photograph, or > > > > > (b) that would, by virtue of section 47, 47B, 57 or 57B of the former [Road Transport (Safety and Traffic Management) Act 1999](/view/html/repealed/current/act-1999-020) (as continued in effect under Schedule 4 to the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018)), be admissible in proceedings under the former Act as evidence of the matters shown or recorded on the photograph, > > > > is admissible in all criminal proceedings as evidence of those matters. > > > (5) In this section— > > > > approved traffic enforcement device means any of the following— > > > > > (a) an approved traffic enforcement device (within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018)), > > > > > (b) an approved average speed detection device, approved camera detection device, approved camera recording device, approved speed measuring device or approved traffic lane camera device (within the meaning of the former [Road Transport (Safety and Traffic Management) Act 1999](/view/html/repealed/current/act-1999-020)). > > > > breath analysing instrument means any of the following— > > > > > (a) a breath analysing instrument (within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018)), > > > > > (b) a breath analysing instrument (within the meaning of the former [Road Transport (Safety and Traffic Management) Act 1999](/view/html/repealed/current/act-1999-020)). > > **s 283 (previously s 110):** Renumbered 2001 No 119, Sch 1 \[104\]. Am 2004 No 22, Sch 3 \[1\]–\[5\]; 2005 No 4, Sch 2.2; 2006 No 79, Sch 2.2; 2008 No 114, Sch 2.8 \[3\]; 2009 No 50, Sch 2.1 \[1\]–\[4\]; 2009 No 56, Sch 2.11. Subst 2013 No 19, Sch 4.13 \[2\].