Div 6Security cameras

Division 6—Security cameras 79—Interpretation In this Division, unless the contrary intention appears— accredited supplier means a person who holds an accreditation under regulation 80; approved means complying with requirements determined by the Minister for the purposes of this Division; authorised purpose means— (a) a purpose connected with the reporting or investigation of an alleged offence by a police officer or a prescribed officer; or (b) a purpose connected with the prosecution of, or the issue of an expiation notice in respect of, an alleged offence; or (c) a purpose connected with the exercise of disciplinary powers exercised by the Passenger Transport Standards Committee under Part 4 Division 5 of the Act; or (d) a purpose authorised by the Minister for the purposes of these regulations; download means to transfer a video recording from a security camera system fitted to a taxi to another storage device, or to print an image from a recording on a security camera system fitted to a taxi; incident means an incident involving an act or activity that may constitute an offence; offence means an offence against a law of the State (including under the Act or these regulations); prescribed officer means— (a) an authorised officer; or (b) a person who is authorised by the Minister to exercise powers under the regulation where the expression appears; recognised procedures, in relation to the operation of a security camera system, means procedures required by these regulations, or specified by the Minister or the manufacturer or supplier of the security camera system, to ensure the correct and appropriate operation of the system; recorded material means a video recording, printed image or other material (including material stored electronically) that depicts (or is capable of depicting with the aid of an electronic device) the driver of a taxi or a member of the public and that is obtained through the use of a security camera system fitted to a taxi, or that can be traced to material obtained through the use of a security camera system fitted to a taxi; security camera system means a system that— (a) records images of persons and audible sounds; and (b) is designed to be used in or about a taxi; storage device includes a tape, optical drive, hard drive, solid state drive and flash memory drive; video recording includes any electronically stored material from which recorded images and sounds can be generated or reproduced. 80—Accreditation of suppliers of security camera systems (1) The Minister may accredit persons as accredited suppliers of security camera systems for the purposes of these regulations. (2) The Minister must not accredit a person unless satisfied that the person is, and is likely to continue to be, able— (a) to interact with the Minister and any other relevant authority in the administration of the scheme established by this Division; and (b) to provide appropriate and reliable services and facilities to support the operation and maintenance of security camera systems fitted to taxis by the supplier, and the Minister may take into account other matters, as the Minister thinks fit, in deciding whether to grant an accreditation. (3) An accreditation under this regulation is subject to the following conditions: (a) a condition that the accredited person will— (i) before first fitting a particular type of security camera system to taxis, furnish to the Minister a statement certifying that the system complies with requirements determined by the Minister for the purposes of this Division; and (ii) from time to time, as required by the Minister, submit to the Minister a security camera system for independent compliance testing; and (iii) furnish to the Minister and to the South Australian Police Department, in a form determined by the Minister, a copy of all software used in connection with any security camera system fitted (or to be fitted) to taxis by the accredited person (including any up‑dated or varied software, and any software used to download video recordings or to store recorded material); and (iv) not fit security camera systems in taxis that are not approved security camera systems; and (v) ensure that a person employed or engaged by the accredited person to fit or service security camera systems in taxis, or to download video recordings from such systems, is appropriately qualified; and (vi) ensure that security camera systems are fitted to taxis in accordance with procedures approved or determined by the Minister; and (vii) ensure that any security camera system fitted to a taxi is sealed in a manner approved or determined by the Minister; and (viii) establish and maintain, in a manner and form determined by the Minister, a register of security camera systems fitted in taxis and, on request, or at intervals determined by the Minister, furnish any information recorded on that register to the Minister, a police officer or a prescribed officer; and (ix) ensure that a clear and comprehensive set of instructions on the operation of the system is provided on each occasion that a security camera system is fitted to a taxi; and (x) provide any download facilities for taxis fitted with security camera systems supplied by the accredited person that the Minister may require; and (xi) establish and maintain recording, audit and other systems determined by the Minister; (b) such other conditions as the Minister determines (and these conditions may be varied by the Minister from time to time). (4) The Minister may, after due inquiry and for good cause, revoke a person's accreditation under this regulation. 81—Requirement to have approved security camera system fitted and operating (1) A taxi must not be used for the purposes of a taxi service other than a country taxi service unless the taxi is fitted with an approved security camera system. (2) A taxi must not be used for the purposes of a country taxi service if it is fitted with a security camera system that is not an approved security camera system. (3) If— (a) a taxi is used in contravention of subregulation (1) or (2); or (b) an approved security camera system fitted to a taxi— (i) was not installed by an accredited supplier; or (ii) is not in good working order, the operator of the taxi service is guilty of an offence. (4) The operator of a taxi service must not permit a person to drive a taxi for the purposes of the service unless reasonably satisfied that the person is competent to operate a security camera system fitted to the taxi. (5) The driver of a taxi must— (a) if required by the Minister or the operator of a taxi service—have undertaken a specified training course in the operation of security camera systems; and (b) ensure that they are competent to operate a security camera system fitted to the taxi; and (c) not accept a hiring unless a security camera system fitted to the taxi is operating in a manner that indicates that the system will be fully operational during the hiring; and (d) operate a security camera system fitted to the taxi in accordance with recognised procedures; and (e) if a security camera system fitted to the taxi appears not to be operating correctly—immediately report the matter to— (i) the centralised booking service for the taxi (if any); and (ii) the operator of the taxi service. 82—Offence to interfere etc with security camera system A person must not— (a) interfere with any part of an approved security camera system fitted to a taxi; or (b) cause or permit any such interference, in a manner that will prevent or impede the proper working of the system. 83—Authorisation to download images (1) A person must not download a video recording from a security camera system fitted to a taxi unless the person— (a) is acting under an authorisation granted by the Minister for the purposes of these regulations; or (b) is a police officer or a prescribed officer; or (c) is acting with the permission, or at the direction, of a police officer, a prescribed officer or the Minister; or (d) is acting pursuant to an order or direction of a court or tribunal constituted by law. (2) A person who downloads a video recording from a security camera system fitted to a taxi must comply with any procedures determined by the Minister. (3) A person who resets a security camera system fitted to a taxi must record any information determined by the Minister, in accordance with any requirements determined by the Minister. (4) An authorisation under subregulation (1)(a) may be given subject to such conditions as may be determined by the Minister. (5) The Minister may, for example, give the authorisation subject to a condition that makes provision for or with respect to— (a) the qualifications of any person employed or engaged to download video recordings under the authorisation; or (b) the production of images from any recorded material, the saving and cataloguing of material, the storage or provision of recorded or other material, and other procedures to be followed if recordings are downloaded from a security camera system; or (c) the provision of information or material in connection with the downloading of video recordings under the authorisation, including the provision of information, material or returns to the Minister, a police officer or a prescribed officer. (6) The Minister may, after due inquiry and for good cause, revoke an authorisation under subregulation (1)(a). 84—Steps to be followed in the event of an incident etc If a security camera system fitted to a taxi is activated in connection with an incident in or about the taxi, the driver of the taxi at the time of the incident must comply with any requirements determined by the Minister with respect to the downloading of video recordings or the resetting of the security camera system (unless the driver has been injured, or is directed to take some other action by a police officer or a prescribed officer). 85—Delivery of material to police station (1) A person who arranges to have material downloaded from a security camera system fitted to a taxi must, as soon as it is reasonably practicable to do so after the material is downloaded, unless otherwise directed or determined by the Minister, deliver the material made available by the download to a police station. (2) A person who is required to comply with subregulation (1) must not interfere with the material. (3) Subregulation (1) does not apply to— (a) a person who is acting under regulation 83; or (b) a person who is authorised or directed by the Minister to keep material downloaded from a security camera system fitted to a taxi pending its use for an authorised purpose, or its disposal under regulation 87. 86—General protection of recorded material A person must not use recorded material for a purpose other than an authorised purpose. 87—Storage and disposal of material (1) This regulation applies to a person who is authorised or directed by the Minister to keep material downloaded from a security camera system fitted to a taxi pending its use for an authorised purpose, or its disposal under this regulation. (2) A person to whom this regulation applies must cause— (a) such security safeguards as the Minister may determine; and (b) such other security safeguards as are reasonable in the circumstances, to be taken to ensure that any video recording made by a security camera system, and any other recorded material in the person's possession, is kept secure and protected against access or use for a purpose other than an authorised purpose, until disposed of in accordance with this regulation. (3) Unless otherwise directed or determined by a police officer, a prescribed officer or the Minister, a person to whom this regulation applies must ensure that any recorded material in their possession is disposed of in accordance with subregulation (4) 1 month after the original video recording was made. (4) The recorded material may be disposed of by deletion or other form of destruction or, if it is to be used for an authorised purpose, by giving it to— (a) a police officer; or (b) a prescribed officer; or (c) the Minister, in a manner determined by the Minister. (5) It is the duty of the Commissioner of Police or the Minister (as the case requires) to ensure the destruction of any recorded material that was given to a police officer or a prescribed officer but which is not to be used, or is no longer required, for an authorised purpose. 88—Requirement to display sign in taxi (1) If a taxi is fitted with a security camera system, the operator of the taxi service for which the taxi is used must ensure that a sign containing the following information is displayed in the taxi in a manner approved by the Minister: FOR PASSENGER AND DRIVER SAFETY THIS TAXI IS FITTED WITH A SECURITY SAFETY SYSTEM. BY HIRING THIS TAXI YOU CONSENT TO YOUR IMAGE AND SOUNDS BEING RECORDED AT ANY TIME BY THIS SECURITY SAFETY SYSTEM. (2) A sign under subregulation (1) must also contain other information or material determined by the Minister. (3) An operator of a taxi service who fails to comply with this regulation is guilty of an offence. 89—Compulsory inspection of systems (1) An authorised officer may, by notice in writing to the relevant person for a taxi, require the taxi to be submitted for testing of its security camera system at a time and place specified in the notice. (2) If an authorised officer finds that a metropolitan taxi is not fitted with a security camera system as required under these regulations or is fitted with a security camera system that does not comply with requirements determined by the Minister for the purposes of this Division, the authorised officer may suspend the taxi licence in respect of that taxi until the holder of the licence satisfies an authorised officer that the taxi is fitted with an approved security camera system in accordance with the requirements of these regulations. (3) If an authorised officer finds that a vehicle used for the purposes of a country taxi service is fitted with a security camera system that does not comply with requirements determined by the Minister for the purposes of this Division, the authorised officer may suspend the accreditation for the service until an authorised officer is satisfied that the security camera system has been removed from the vehicle. 90—Authorised activities Nothing in this Division prevents— (a) a police officer; or (b) an authorised officer or other officer; or (c) a person acting under the authority of the Minister, from carrying out an inspection of, or performing any proper function in relation to, a security camera system fitted to a taxi.