22Notice of intention to challenge certain issues

22 Notice of intention to challenge certain issues (1) This section applies if a defendant in a proceeding for an offence against this Act intends to challenge any of the following matters: (a) that a stated prescribed traffic control device was, at the time of the offence, installed or displayed at a stated place on, above or near a road or road related area, or on a vehicle on, above or near a road or road related area; (b) that a stated prescribed traffic control device on, above or near road or road related area, is a reasonable likeness of a diagram, or complies substantially with a description, of the device under this Act; (c) that a symbol on or with a prescribed traffic control device on, above or near a road or road related area, or on a vehicle on, above or near a road or road related area, is a reasonable likeness of a diagram of the symbol under this Act; (d) that a stated prescribed traffic control device on, above or near road or road related area, is clearly visible during the day or night in normal weather conditions, or during the day in normal weather conditions, to the drivers or pedestrians it applies to;

(e) that a stated prescribed traffic control device on, above or near road or road related area, was operating correctly at the time of the offence. (2) The defendant must give written notice of the challenge to the prosecution at least 7 days before the day fixed for the hearing. (a) state the defendant’s full name and address; and (b) state— (i) if an infringement notice for the offence has been served on the person—the number of the infringement notice and the date of service of the infringement notice; or (ii) if an infringement notice for the offence has not been served on the person—sufficient details of the offence to allow the prosecution to identify the offence; and (c) clearly identify the stated prescribed traffic control device and the matter the defendant intends to challenge; and (d) outline the grounds of the challenge.

Definitions—pt 6 Division 6.1