141Rebuttal of evidence concerning operation of approved traffic enforcement devices

141 Rebuttal of evidence concerning operation of approved traffic enforcement devices

141 Rebuttal of evidence concerning operation of approved traffic enforcement devices

(cf STM Act, s 73A)

(1) This section applies to the determination of whether evidence is sufficient to rebut prima facie evidence or a presumption, or to raise doubt about a matter, as referred to in section 137, 137A, 138, 140 or 164 and for the purposes of proceedings to which those sections apply.

(2) An assertion that contradicts or challenges—

(a) the accuracy or reliability, or the correct or proper operation, of an approved traffic enforcement device, or

(b) the accuracy or reliability of information (including a photograph) derived from such a device,

is capable of being sufficient, in proceedings to which this section applies, to rebut such evidence or such a presumption, or to raise such doubt, only if it is evidence adduced from a person who has relevant specialised knowledge (based wholly or substantially on the person’s training, study or experience).

s 141: Am 2017 No 61, Sch 1.2 [10].