QLDIn ForceAct
Transport Operations (Road Use Management) Act 1995
sec.120FReport about offence detected by photographic detection device
Start here
Get a plain-English read of sec.120F
Turn the raw legal text into a practical explanation grounded in Transport Operations (Road Use Management) Act 1995.
### sec.120F Report about offence detected by photographic detection device
This section applies to a proceeding for a prescribed offence if, under section 120 , the prosecution intends to rely on an image or a series of images, or a video or a series of videos, made by a photographic detection device as evidence of particular elements of the offence.
The prosecution may produce a report complying with this section in the proceeding.
The report must—
be made in the way prescribed by regulation for the photographic detection device; and
contain only 1 or more of the following—
a copy of the image or some or all of the images in the series, or a still image or images taken from the video or some or all of the videos in the series;
a summary of the things depicted in the image or images, or the still image or images from the video or videos;
for a copy of images in a series or still images of videos in a series—the numbers of the images or videos and the times they were taken, as identified under section 120 (3) ;
a matter mentioned in section 120A (4) (a) , (b) or (c) or 120B (5) (a) , (b) , (c) , (d) or (e) ;
a matter prescribed under subsection (4) (b) ; and
include a certification, or be accompanied by a certificate, signed by the commissioner stating that the report—
was properly made in the way prescribed under paragraph (a) for the photographic detection device; and
contains only matters mentioned in paragraph (b) .
If the way prescribed under subsection (3) (a) for a photographic detection device requires or otherwise involves analysis or a determination being made by a person, the regulation must state—
the class of appropriately qualified persons who may conduct the analysis or make the determination; and
the matters about the proper conduct of the analysis or making of the determination that must be stated in a report under this section.
A report produced under this section is evidence of the following—
the things depicted in a copy of an image, or a still image from a video, contained in the report;
if a copy of an image or still image from a video contained in the report has a marking or writing associated with the image or video—each thing in relation to the image or video that the marking or writing is prescribed to mean under a regulation;
a matter stated in a summary mentioned in subsection (3) (b) (ii) contained in the report;
a matter mentioned in subsection (3) (b) (iii) , (iv) or (v) contained in the report.
s 120F ins 2020 No. 21 s 59
(sec.120F-ssec.1) This section applies to a proceeding for a prescribed offence if, under section 120 , the prosecution intends to rely on an image or a series of images, or a video or a series of videos, made by a photographic detection device as evidence of particular elements of the offence.
(sec.120F-ssec.2) The prosecution may produce a report complying with this section in the proceeding.
(sec.120F-ssec.3) The report must— be made in the way prescribed by regulation for the photographic detection device; and contain only 1 or more of the following— a copy of the image or some or all of the images in the series, or a still image or images taken from the video or some or all of the videos in the series; a summary of the things depicted in the image or images, or the still image or images from the video or videos; for a copy of images in a series or still images of videos in a series—the numbers of the images or videos and the times they were taken, as identified under section 120 (3) ; a matter mentioned in section 120A (4) (a) , (b) or (c) or 120B (5) (a) , (b) , (c) , (d) or (e) ; a matter prescribed under subsection (4) (b) ; and include a certification, or be accompanied by a certificate, signed by the commissioner stating that the report— was properly made in the way prescribed under paragraph (a) for the photographic detection device; and contains only matters mentioned in paragraph (b) .
(sec.120F-ssec.4) If the way prescribed under subsection (3) (a) for a photographic detection device requires or otherwise involves analysis or a determination being made by a person, the regulation must state— the class of appropriately qualified persons who may conduct the analysis or make the determination; and the matters about the proper conduct of the analysis or making of the determination that must be stated in a report under this section.
(sec.120F-ssec.5) A report produced under this section is evidence of the following— the things depicted in a copy of an image, or a still image from a video, contained in the report; if a copy of an image or still image from a video contained in the report has a marking or writing associated with the image or video—each thing in relation to the image or video that the marking or writing is prescribed to mean under a regulation; a matter stated in a summary mentioned in subsection (3) (b) (ii) contained in the report; a matter mentioned in subsection (3) (b) (iii) , (iv) or (v) contained in the report.
- (a) be made in the way prescribed by regulation for the photographic detection device; and
- (b) contain only 1 or more of the following— (i) a copy of the image or some or all of the images in the series, or a still image or images taken from the video or some or all of the videos in the series; (ii) a summary of the things depicted in the image or images, or the still image or images from the video or videos; (iii) for a copy of images in a series or still images of videos in a series—the numbers of the images or videos and the times they were taken, as identified under section 120 (3) ; (iv) a matter mentioned in section 120A (4) (a) , (b) or (c) or 120B (5) (a) , (b) , (c) , (d) or (e) ; (v) a matter prescribed under subsection (4) (b) ; and
- (i) a copy of the image or some or all of the images in the series, or a still image or images taken from the video or some or all of the videos in the series;
- (ii) a summary of the things depicted in the image or images, or the still image or images from the video or videos;
- (iii) for a copy of images in a series or still images of videos in a series—the numbers of the images or videos and the times they were taken, as identified under section 120 (3) ;
- (iv) a matter mentioned in section 120A (4) (a) , (b) or (c) or 120B (5) (a) , (b) , (c) , (d) or (e) ;
- (v) a matter prescribed under subsection (4) (b) ; and
- (c) include a certification, or be accompanied by a certificate, signed by the commissioner stating that the report— (i) was properly made in the way prescribed under paragraph (a) for the photographic detection device; and (ii) contains only matters mentioned in paragraph (b) .
- (i) was properly made in the way prescribed under paragraph (a) for the photographic detection device; and
- (ii) contains only matters mentioned in paragraph (b) .
- (i) a copy of the image or some or all of the images in the series, or a still image or images taken from the video or some or all of the videos in the series;
- (ii) a summary of the things depicted in the image or images, or the still image or images from the video or videos;
- (iii) for a copy of images in a series or still images of videos in a series—the numbers of the images or videos and the times they were taken, as identified under section 120 (3) ;
- (iv) a matter mentioned in section 120A (4) (a) , (b) or (c) or 120B (5) (a) , (b) , (c) , (d) or (e) ;
- (v) a matter prescribed under subsection (4) (b) ; and
- (i) was properly made in the way prescribed under paragraph (a) for the photographic detection device; and
- (ii) contains only matters mentioned in paragraph (b) .
- (a) the class of appropriately qualified persons who may conduct the analysis or make the determination; and
- (b) the matters about the proper conduct of the analysis or making of the determination that must be stated in a report under this section.
- (a) the things depicted in a copy of an image, or a still image from a video, contained in the report;
- (b) if a copy of an image or still image from a video contained in the report has a marking or writing associated with the image or video—each thing in relation to the image or video that the marking or writing is prescribed to mean under a regulation;
- (c) a matter stated in a summary mentioned in subsection (3) (b) (ii) contained in the report;
- (d) a matter mentioned in subsection (3) (b) (iii) , (iv) or (v) contained in the report.