139Admissibility of photographs taken by devices—unauthorised vehicle use offences

#### 139 Admissibility of photographs taken by devices—unauthorised vehicle use offences 139 Admissibility of photographs taken by devices—unauthorised vehicle use offences (cf VR Act, s 22C(2)–(5)) > > (1) A photograph of a vehicle— > > > > > (a) taken by an approved traffic enforcement device that is evidence under this Division of a detectable traffic offence, or > > > > > (b) taken by an approved toll camera that is evidence of a toll offence against section 250A of the [Roads Act 1993](/view/html/inforce/current/act-1993-033), > > > > may also be tendered in evidence in proceedings for an unauthorised vehicle use offence involving the same vehicle. > > > > Note. > > > > For example, a photograph taken by an approved traffic enforcement device that is approved for red traffic light detection that is evidence of a traffic light offence against section 138(1)(c) may also be tendered in evidence in proceedings for an unauthorised vehicle use offence involving the same vehicle. > > > (2) For this purpose, the provisions of this Division or section 250A of the [Roads Act 1993](/view/html/inforce/current/act-1993-033) that apply in relation to the tendering, admission and use in evidence of a photograph for the detectable traffic offence or toll offence of which the photograph is also evidence are taken to extend to the tendering, admission and use in evidence of the photograph for the unauthorised vehicle use offence. > > > > Note. > > > > For example, a photograph of a vehicle taken by an approved traffic enforcement device that is approved for excess speed imaging may be tendered in evidence in proceedings for an unauthorised vehicle use offence by complying with the requirements of this Division concerning the tendering, admission and use in evidence of a photograph to prove a speeding offence. > > > (3) Nothing in this section prevents a photograph taken by an approved traffic enforcement device being tendered and used in evidence both in proceedings for an unauthorised vehicle use offence and proceedings for a detectable traffic offence or toll offence. > > > (4) In this section and section 139A— > > > > approved toll camera and toll offence have the same meanings as in section 250A of the [Roads Act 1993](/view/html/inforce/current/act-1993-033). > > **s 139:** Am 2018 No 15, Sch 1 \[11\].