sec.120FReport about offence detected by photographic detection device

### 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.