138Admissibility of photographs taken by devices—generally

#### 138 Admissibility of photographs taken by devices—generally 138 Admissibility of photographs taken by devices—generally (cf STM Act, ss 47(2)–(5), 47B(1) and (2), 57(2) and (3) and 57B(2)–(4)) > > (1) In proceedings for a detectable traffic offence, any one or more photographs that are tendered in evidence on any of the following bases are admissible in the proceedings— > > > > > (a) if the proceedings concern a speeding offence in which evidence of an average speed is relied on—photographs that are tendered as— > > > > > > > (i) being photographs taken by means of the operation, on a day or days specified on the photographs, of approved traffic enforcement devices that are approved for average speed detection installed at the locations specified on the photographs, and > > > > > > > (ii) if the photographs are taken by digital camera devices— each bearing a security indicator of a kind prescribed by the statutory rules, > > > > > (b) in the case of proceedings for a speeding offence in which evidence of an average speed is not relied on—a photograph that is tendered as— > > > > > > > (i) being taken by an approved traffic enforcement device that is approved for excess speed imaging on a day and at a location specified on the photograph, and > > > > > > > (ii) if the photograph is taken by a digital camera device—bearing a security indicator of a kind prescribed by the statutory rules, > > > > > (c) in the case of proceedings for a traffic light offence—a photograph that is tendered as— > > > > > > > (i) being taken by means of the operation, on a day specified on the photograph, of an approved traffic enforcement device that is approved for red traffic light detection installed at a location specified on the photograph, and > > > > > > > (ii) if the photograph is taken by a digital camera device—bearing a security indicator of a kind prescribed by the statutory rules, > > > > > (d) in the case of proceedings for a public transport lane offence—a photograph or photographs that are tendered as— > > > > > > > (i) being taken by means of the operation, on a day specified on the photograph or photographs, of an approved traffic enforcement device or devices that are approved for traffic lane use detection installed at a location or locations specified on the photograph or photographs, and > > > > > > > (ii) if the photograph or photographs are taken by a digital camera device—each bearing a security indicator of a kind prescribed by the statutory rules, > > > > > (e) in the case of proceedings for a dimension offence—a photograph that is tendered as— > > > > > > > (i) being taken by means of the operation, on a day specified on the photograph, of an approved traffic enforcement device that is approved for dimension imaging installed at a location specified on the photograph, and > > > > > > > (ii) if the photograph is taken by a digital camera device—bearing a security indicator of a kind prescribed by the statutory rules, > > > > > (f) in the case of proceedings for a mobile phone use offence—a photograph that is tendered as— > > > > > > > (i) being taken by means of the operation, on a day specified on the photograph, of an approved traffic enforcement device that is approved for mobile phone use offences, and > > > > > > > (ii) if the photograph is taken by a digital camera device—bearing a security indicator of a kind prescribed by the statutory rules, > > > > > (g) for proceedings for a seatbelt offence—a photograph that is tendered as— > > > > > > > (i) being taken by means of the operation, on a day specified on the photograph, of an approved traffic enforcement device that is approved for seatbelt offences, and > > > > > > > (ii) if the photograph is taken by a digital camera device—bearing a security indicator of a kind prescribed by the statutory rules. > > > (2) If one or more photographs are tendered in evidence as referred to in subsection (1), a certificate purporting to be signed by an appropriate inspection officer in relation to the approved traffic enforcement device concerned that certifies the following matters is also to be tendered in evidence— > > > > > (a) that the person is an appropriate inspection officer in relation to the device, > > > > > (b) that on a day and at a time specified in the certificate (being within the period prescribed by the statutory rules, whether for a specified kind of device or generally, before the time recorded on the photograph or the earliest photograph as the time at which that photograph was taken), the person carried out the inspection specified in the certificate on the approved traffic enforcement device by means of which the photograph was taken, > > > > > (c) that on that inspection the device was found to be operating correctly. > > > (3) A single certificate may be tendered in proceedings for a public transport lane offence for the purposes of subsection (2) if more than one photograph taken by an approved traffic enforcement device is tendered in evidence, but only if— > > > > > (a) each photograph is of the same vehicle, and > > > > > (b) each photograph is taken on the same day at approximately the same time and at approximately the same location. > > > (4) If a photograph is tendered in evidence in proceedings for a speeding offence involving a vehicle in which evidence of an average speed is not relied on, a certificate referred to in section 137 concerning the accuracy and reliability of the device used to measure the speed at which the vehicle was travelling must also be tendered along with the certificate required by subsection (2) in relation to the camera device that took the photograph. > > > (5) A photograph tendered in evidence as referred to in subsection (1)— > > > > > (a) is to be presumed to have been taken by the approved traffic enforcement device concerned unless evidence sufficient to raise doubt that it was so taken is adduced, and > > > > > (b) if it is tendered on the basis that it bears a security indicator—is to be presumed to bear such a security indicator unless evidence that is sufficient to raise doubt that it does so is adduced, and > > > > > (c) is prima facie evidence of the matters shown or recorded on the photograph. > > > (6) Evidence that a photograph tendered in evidence as referred to in subsection (1) bears a security indicator of a kind prescribed by the statutory rules is prima facie evidence that the photograph has not been altered since it was taken. > > **s 138:** Am 2017 No 61, Sch 1.2 \[9\]; 2018 No 15, Sch 1 \[10\]; 2023 No 51, Sch 1\[6\].