44Traffic infringement detection device

44 Traffic infringement detection device (1) The Commissioner may, by Gazette notice, approve a device of a kind specified in the notice as a traffic infringement detection device. (2) In the notice, the Commissioner: (a) must specify the manner in which, and the frequency with which, testing of the accuracy of the device must be carried out by an approved person; and Traffic Act 1987 99 (b) may impose any other conditions the Commissioner thinks fit on the approval. (3) The Commissioner may, by Gazette notice, approve a person as a person qualified to test the accuracy of a traffic infringement detection device. (4) A traffic infringement detection device must not be used for or in relation to the detection of an offence unless it has been tested in accordance with the procedure specified under subsection (2). 44AA Requirements for approval of device (1) The Commissioner must not approve as a traffic infringement detection device a device that produces a photographic image or an electronic image in respect of the commission of an offence unless: (a) the image shows the vehicle involved in the alleged commission of the offence, including the number plate area (front or rear) of the vehicle; and (b) the device also records the following information: (i) a code identifying the device that recorded the image; (ii) a code identifying the location at which the device recorded the image; (iii) the date and the time when the image was recorded; (iv) the relevant information mentioned in subsections (2) and (3); (v) other information as prescribed. (2) For an offence of exceeding a prescribed speed limit, the device must also record the following information: (a) the prescribed speed limit at the location; (b) the speed at which the device calculated the vehicle was travelling at the time the image was recorded. (3) For an offence of failing to obey a traffic control signal by proceeding while a red traffic light or red traffic arrow is displayed, the device must also record the number of seconds between the time the light or arrow was displayed and the time the driver proceeded beyond the stop line or the traffic control signal. Traffic Act 1987 100 (4) The image and other information referred to in subsection (1) must be held in an electronic file that: (a) complies with subsection (5); and (b) is transferable to a printed form that contains the image and other information. (5) The electronic file must meet either or both of the following requirements: (a) the file is of a type that is unalterable; (b) the file is protected by any means that: (i) detects whether the image or other information held on the file is altered or the file is tampered with; and (ii) prevents the image or other information held on the file from being used if the image or other information is altered or the file tampered with.