40BDestruction of image or message produced by relocatable digital RSC

40B Destruction of image or message produced by relocatable digital RSC

(1) Subject to regulation 40C(1), an image of, or message relating to, a natural person produced by a relocatable digital RSC that does not detect an offence specified in subregulation (4) must be destroyed within 24 hours of the image or message being produced by the relocatable digital RSC.

(2) Subject to regulation 40C(1), an image of, or message relating to, a natural person produced by a relocatable digital RSC must be destroyed within the time period specified in subregulation (3) if the image or message—

Reg. 40B(2)(a) amended by S.R. No. 67/2023 reg. 14(1).

(a) is initially assessed as having detected an offence specified in subregulation (4); and

(b) it is subsequently established that the image or message does not detect an offence specified in subregulation (4).

Reg. 40B(2A) inserted by S.R. No. 67/2023 reg. 14(2).

(2A) Subregulation (2) does not apply if an infringement notice has been issued or court proceedings have been commenced for an offence specified in subregulation (4) relating to the image or message.

(3) For the purposes of subregulation (2), the specified time period by which an image or message must be destroyed is (whichever is the earlier)—

(a) within 30 days of the date on which it is established in accordance with subregulation (2)(b) that the image or message does not detect an offence specified in subregulation (4); or

(b) within 12 months of the image or message being produced by the relocatable digital RSC.

(4) For the purposes of subregulations (1) and (2), the following offences are specified—

(a) a seatbelt offence referred to in rule 264(1) and 264A(1) of the Road Safety Road Rules 2017;

(b) a portable device offence referred to in rules 304J(1) and (3) of the Road Safety Road Rules 2017.

Reg. 40C inserted by S.R. No. 8/2023 reg. 11.