sec.120Evidentiary provisions

### sec.120 Evidentiary provisions This section applies to a proceeding for an offence involving a motor vehicle under this or another Act. An image or video produced by the prosecution, complying with subsection (2AA) , purporting to be an image or video that was properly made by a photographic detection device of a matter happening at a specified location and time is evidence of the following matters— the image or video was made of a matter happening at the specified location and time; the accuracy of the image or video; the things depicted in the image or video; any requirements prescribed by regulation about the operation and testing of a photographic detection device were complied with for the specified device at all material times. An image or video mentioned in subsection (2) must include a certification, or be accompanied by a certificate, signed by an official stating that the image or video was properly made by a photographic detection device of a matter happening at a specified location and time. A certificate purporting to be signed by an official stating that a stated photographic detection device— was tested at a stated time and in accordance with— the specifications of the device’s manufacturer; and any further requirements about calibration testing prescribed under a regulation; and was found to produce accurate results at the time of testing; is evidence of the matters stated and evidence the device was producing accurate results when so tested and for 1 year after the day of testing. If an image or video produced under subsection (2) is one in a series of images or videos also produced under subsection (2) — the image or video may be numbered; and the time it was made may be identified by reference to another image or video in the series. If an image or video produced under subsection (2) has a marking or writing associated with the image or video— the marking or writing is taken to have been properly made by the photographic detection device; and the image or video is also evidence of each thing in relation to the image or video that the marking or writing is prescribed to mean under a regulation. Evidence of the condition of the photographic detection device is not required unless evidence that the device was not in proper condition has been given. A defendant who intends, at the hearing of a charge against the defendant under this Act, to challenge— the accuracy of a photographic detection device; or the image or video made by a photographic detection device; or a marking or writing made by a photographic detection device associated with an image or video; or either of the following matters— whether a motor vehicle was carrying a placard load (within the meaning under section 84A ) in a tunnel; whether a placard load prohibited sign (within the meaning under section 84A ) at or before the entrance to a tunnel was clearly visible to a person entering the tunnel; or a matter mentioned in section 120A (4) (a) ,(b) or (c) or 120B(5)(a), (b), (c), (d) or (e); or a matter mentioned in section 120D (2) (a) , (b) or (c) ; or a matter mentioned in section 120E (2) ; or the accuracy of a matter stated in a report produced by the prosecution under section 120F ; must give written notice of the challenge to the prosecution. Also, a defendant who intends, at the hearing of a charge against the defendant under this Act, to raise a matter, prescribed by regulation, relating to an exception, exemption or defence under this Act for a camera-detected offence must give written notice of the matter to the prosecution. A notice under subsection (7) or (7A) must be in the approved form and must— be signed by the defendant; and state the grounds on which the defendant intends to rely to challenge a matter mentioned in subsection (7) or raise a matter mentioned in subsection (7A) ; and be given at least 14 days before the day fixed for the hearing. In this section— associated with , in relation to a marking or writing, means— for an image—on, adjacent to, or otherwise associated with the image; or for a video—in or otherwise associated with the video. official — generally—means the commissioner or the chief executive; and in a proceeding for an offence against section 84A (1) —includes a person having responsibility for testing or checking the operation of a photographic detection device used in the detection of offences against section 84A (1) . s 120 (prev 1949 13 Geo 6 No. 26 s 44W) ins 1994 No. 7 s 30 amd 1996 No. 62 s 11 reloc 1999 No. 42 s 54 (1) sch amdt 120 amd 2001 No. 79 s 105 ; 2002 No. 71 s 24 ; 2010 No. 13 s 38 ; 2014 No. 1 s 48 ; 2014 No. 43 s 100 ; 2019 No. 25 s 38 ; 2020 No. 21 s 57 (sec.120-ssec.1) This section applies to a proceeding for an offence involving a motor vehicle under this or another Act. (sec.120-ssec.2) An image or video produced by the prosecution, complying with subsection (2AA) , purporting to be an image or video that was properly made by a photographic detection device of a matter happening at a specified location and time is evidence of the following matters— the image or video was made of a matter happening at the specified location and time; the accuracy of the image or video; the things depicted in the image or video; any requirements prescribed by regulation about the operation and testing of a photographic detection device were complied with for the specified device at all material times. (sec.120-ssec.2AA) An image or video mentioned in subsection (2) must include a certification, or be accompanied by a certificate, signed by an official stating that the image or video was properly made by a photographic detection device of a matter happening at a specified location and time. (sec.120-ssec.2A) A certificate purporting to be signed by an official stating that a stated photographic detection device— was tested at a stated time and in accordance with— the specifications of the device’s manufacturer; and any further requirements about calibration testing prescribed under a regulation; and was found to produce accurate results at the time of testing; is evidence of the matters stated and evidence the device was producing accurate results when so tested and for 1 year after the day of testing. (sec.120-ssec.3) If an image or video produced under subsection (2) is one in a series of images or videos also produced under subsection (2) — the image or video may be numbered; and the time it was made may be identified by reference to another image or video in the series. (sec.120-ssec.4) If an image or video produced under subsection (2) has a marking or writing associated with the image or video— the marking or writing is taken to have been properly made by the photographic detection device; and the image or video is also evidence of each thing in relation to the image or video that the marking or writing is prescribed to mean under a regulation. (sec.120-ssec.6) Evidence of the condition of the photographic detection device is not required unless evidence that the device was not in proper condition has been given. (sec.120-ssec.7) A defendant who intends, at the hearing of a charge against the defendant under this Act, to challenge— the accuracy of a photographic detection device; or the image or video made by a photographic detection device; or a marking or writing made by a photographic detection device associated with an image or video; or either of the following matters— whether a motor vehicle was carrying a placard load (within the meaning under section 84A ) in a tunnel; whether a placard load prohibited sign (within the meaning under section 84A ) at or before the entrance to a tunnel was clearly visible to a person entering the tunnel; or a matter mentioned in section 120A (4) (a) ,(b) or (c) or 120B(5)(a), (b), (c), (d) or (e); or a matter mentioned in section 120D (2) (a) , (b) or (c) ; or a matter mentioned in section 120E (2) ; or the accuracy of a matter stated in a report produced by the prosecution under section 120F ; must give written notice of the challenge to the prosecution. (sec.120-ssec.7A) Also, a defendant who intends, at the hearing of a charge against the defendant under this Act, to raise a matter, prescribed by regulation, relating to an exception, exemption or defence under this Act for a camera-detected offence must give written notice of the matter to the prosecution. (sec.120-ssec.8) A notice under subsection (7) or (7A) must be in the approved form and must— be signed by the defendant; and state the grounds on which the defendant intends to rely to challenge a matter mentioned in subsection (7) or raise a matter mentioned in subsection (7A) ; and be given at least 14 days before the day fixed for the hearing. (sec.120-ssec.9) In this section— associated with , in relation to a marking or writing, means— for an image—on, adjacent to, or otherwise associated with the image; or for a video—in or otherwise associated with the video. official — generally—means the commissioner or the chief executive; and in a proceeding for an offence against section 84A (1) —includes a person having responsibility for testing or checking the operation of a photographic detection device used in the detection of offences against section 84A (1) . - (a) the image or video was made of a matter happening at the specified location and time; - (b) the accuracy of the image or video; - (c) the things depicted in the image or video; - (d) any requirements prescribed by regulation about the operation and testing of a photographic detection device were complied with for the specified device at all material times. - (a) was tested at a stated time and in accordance with— (i) the specifications of the device’s manufacturer; and (ii) any further requirements about calibration testing prescribed under a regulation; and - (i) the specifications of the device’s manufacturer; and - (ii) any further requirements about calibration testing prescribed under a regulation; and - (b) was found to produce accurate results at the time of testing; - (i) the specifications of the device’s manufacturer; and - (ii) any further requirements about calibration testing prescribed under a regulation; and - (a) the image or video may be numbered; and - (b) the time it was made may be identified by reference to another image or video in the series. - (a) the marking or writing is taken to have been properly made by the photographic detection device; and - (b) the image or video is also evidence of each thing in relation to the image or video that the marking or writing is prescribed to mean under a regulation. - (a) the accuracy of a photographic detection device; or - (b) the image or video made by a photographic detection device; or - (c) a marking or writing made by a photographic detection device associated with an image or video; or - (ca) either of the following matters— (i) whether a motor vehicle was carrying a placard load (within the meaning under section 84A ) in a tunnel; (ii) whether a placard load prohibited sign (within the meaning under section 84A ) at or before the entrance to a tunnel was clearly visible to a person entering the tunnel; or - (i) whether a motor vehicle was carrying a placard load (within the meaning under section 84A ) in a tunnel; - (ii) whether a placard load prohibited sign (within the meaning under section 84A ) at or before the entrance to a tunnel was clearly visible to a person entering the tunnel; or - (d) a matter mentioned in section 120A (4) (a) ,(b) or (c) or 120B(5)(a), (b), (c), (d) or (e); or - (e) a matter mentioned in section 120D (2) (a) , (b) or (c) ; or - (f) a matter mentioned in section 120E (2) ; or - (g) the accuracy of a matter stated in a report produced by the prosecution under section 120F ; - (i) whether a motor vehicle was carrying a placard load (within the meaning under section 84A ) in a tunnel; - (ii) whether a placard load prohibited sign (within the meaning under section 84A ) at or before the entrance to a tunnel was clearly visible to a person entering the tunnel; or - (a) be signed by the defendant; and - (b) state the grounds on which the defendant intends to rely to challenge a matter mentioned in subsection (7) or raise a matter mentioned in subsection (7A) ; and - (c) be given at least 14 days before the day fixed for the hearing. - (a) for an image—on, adjacent to, or otherwise associated with the image; or - (b) for a video—in or otherwise associated with the video. - (a) generally—means the commissioner or the chief executive; and - (b) in a proceeding for an offence against section 84A (1) —includes a person having responsibility for testing or checking the operation of a photographic detection device used in the detection of offences against section 84A (1) .