139AAdmissibility of photographs taken by certain devices for mobile phone use offences and seatbelt offences

#### 139A Admissibility of photographs taken by certain devices for mobile phone use offences and seatbelt offences 139A Admissibility of photographs taken by certain devices for mobile phone use offences and seatbelt offences > > (1) This section applies if a photograph of a vehicle is taken by— > > > > > (a) an approved traffic enforcement device that is evidence under this division of a detectable traffic offence, or > > > > > (b) an approved toll camera that is evidence of a toll offence within the meaning of the [Roads Act 1993](/view/html/inforce/current/act-1993-033), section 250A. > > > (1A) The photograph may also be tendered in evidence in proceedings for a mobile phone use offence or a seatbelt offence involving the driver of the vehicle even if— > > > > > (a) the photograph was not taken for the purposes of that offence, or > > > > > (b) the approved traffic enforcement device was not a device approved for offences of that type. > > > (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 (for which the device is approved) 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 mobile phone use offence or seatbelt 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 a mobile phone use offence or seatbelt offence and proceedings for a detectable traffic offence (other than a mobile phone use offence or seatbelt offence) or toll offence. > > **s 139A:** Ins 2018 No 15, Sch 1 \[12\]. Am 2023 No 51, Sch 1\[7\]–\[9\].