Subdiv 6Special provisions relating to device use detection cameras

Subdivision 6—Special provisions relating to device use detection cameras 43A—Device use offences (section 175B of Act) For the purposes of the definition of device use offence in section 175B(4) of the Act, the following offences are prescribed: (a) an offence against rule 300(1) of the Australian Road Rules (Use of mobile phones); (b) an offence against regulation 44(1) of the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014 (Prohibition of use of mobile phone by holder of learner's permit, P1 licence etc). 43B—Prescribed photographic detection devices (section 175B of Act) For the purposes of the definition of prescribed photographic detection device in section 175B(4) of the Act, a photographic detection device of a kind referred to in regulation 29(1)(f) is prescribed. 43C—Evidentiary provision (1) Subject to this regulation, a vehicle in a photograph or series of photographs obtained from the operation of a device use detection camera and admitted in evidence in proceedings for a device use offence or a section 79B device use offence will be presumed to be moving, or stationary but not parked. (2) A presumption referred to in subregulation (1) may be rebutted by the defendant establishing on the balance of probabilities that the vehicle was parked. park has the same meaning as for the purposes of the Australian Road Rules; section 79B device use offence means an offence against section 79B of the Act constituted of being the owner of a vehicle that appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of a device use offence.