Section 56E - Vehicle and Traffic Act 1999 - Facilitation of proof | Zoe

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Section 56E - Vehicle and Traffic Act 1999 - Facilitation of proof | Zoe

(2) [Section 56E Subsection (2) substituted by No. 19 of 2004, s. 4, Applied:14 Jul 2004] In any proceedings for an offence –

(a) the production of a photograph taken, or derived from data recorded, by a photographic detection device at or in respect of a particular time and location is evidence of what the photograph shows and, in particular –

(i) for a red light offence involving a red traffic light, is evidence that, at the time shown, the driver of the photographed vehicle had entered the intersection shown contrary to a red traffic light; and

(ii) for a red light offence involving a red traffic arrow, is evidence that, at the time shown, the driver of the photographed vehicle had entered the intersection shown contrary to a red traffic arrow; and

(iii) for a speeding offence, is evidence that, at the time and location shown, the speed of the photographed vehicle was the speed shown; and

(iiia) [Section 56E Subsection (2) amended by No. 27 of 2022, s. 9, Applied:23 Jun 2023] for an offence where the average speed of a vehicle is relevant or in issue, is evidence that the photographed vehicle –

(A) was present at the time and location shown; and

(B) if an average speed is recorded on the photograph, was travelling at that speed at that time and location; and

(iiib) [Section 56E Subsection (2) amended by No. 27 of 2022, s. 9, Applied:23 Jun 2023] for a portable device offence, is evidence that, at the time and location shown, the driver of the photographed vehicle –

(A) was operating, holding or intentionally looking at the portable device shown; or

(B) had a portable device resting on his or her body or clothing; or

(C) had performed, or failed to perform, an action prescribed for the purpose of paragraph (e) of the definition of a portable device offence; and

(iiic) [Section 56E Subsection (2) amended by No. 27 of 2022, s. 9, Applied:23 Jun 2023] for a seatbelt offence, is evidence that, at the time and location shown –

(A) the driver of the photographed vehicle was not wearing a seatbelt; or

(B) the driver of the photographed vehicle was wearing an improperly adjusted or fastened seatbelt; or

(C) a passenger in the photographed vehicle was not restrained as required; or

(D) the driver of the photographed vehicle had performed, or failed to perform, an action prescribed for the purpose of paragraph (c) of the definition of a seatbelt offence; and

(iv) for an offence in which the presence or use of a vehicle on a public street (or a particular public street) at a particular time and location is relevant or in issue, is evidence that, at the time and location shown, the photographed vehicle was present or being used as shown on the public street shown; and

(b) the production of a certificate purportedly signed by a police officer –

(i) stating that a specified photograph was taken, or derived from data recorded, by a photographic detection device at a specified time and location; and

(ii) explaining the meaning or significance of any of the information shown –

is evidence that –

(iii) the photograph was so taken or derived; and

(iv) the information has that meaning or significance; and

(c) the production of a certificate signed by a police officer or other person and stating that, at a specified time –

(i) a specified device was a photographic detection device for the purposes of this Act; and

(ii) he or she was authorised under section 56F to install or operate, or install and operate, the specified device; and

(iii) he or she tested the specified device, in accordance with the regulations, at the location where it was installed or being operated; and

(iv) he or she found the specified device to be operating correctly at that location –

is evidence of the matters set out in the certificate; and

(d) the production of a certificate in the prescribed form purporting to be signed by a person having the prescribed qualifications and specifying the time when a specified photographic detection device was tested is evidence of the matters set out in the certificate.