New South Wales Consolidated Acts

ROAD TRANSPORT (GENERAL) ACT 2005 - SECT 11A

11A Regulations relating to intelligent transport systems

(1) This section applies to an intelligent transport system that is required or permitted to be used by or under an applicable road law or any exemption, authority or condition given or imposed by or under an applicable road law.

(2) Regulations may be made for or with respect to the following matters relating to intelligent transport systems:

(a) conditions relating to intelligent transport systems,

(b) regulating or prohibiting the collection, storage, use and disclosure of information obtained by the use of an intelligent transport system, or obtained for the purposes of such a system or a proposed system,

(c) the records to be kept in relation to information obtained by the use of an intelligent transport system,

(d) the reports to be made in relation to the operation of, or any other matter relating to, an intelligent transport system,

(e) regulating or prohibiting tampering with intelligent transport systems,

(f) notification of persons about whom or in respect of whom information is obtained by the use of an intelligent transport system,

(g) certification of providers of intelligent transport systems or of intelligent transport systems,

(h) the functions of providers and auditors of intelligent transport systems,

(i) the operation of intelligent transport systems,

(j) without limiting paragraph (b), the use of information obtained by the use of an intelligent transport system for compliance or other law enforcement purposes,

(k) monitoring and auditing of intelligent transport systems, providers of intelligent transport systems and persons required or permitted to use intelligent transport systems,

(l) the use of certificates relating to the following matters as evidence in any proceedings before a court or tribunal:

(i) conditions relating to the use of intelligent transport systems imposed under this Act or the regulations,

(ii) vehicles, operators and drivers subject to conditions referred to in subparagraph (i),

(iii) operators, providers and auditors of intelligent transport systems,

(iv) information obtained by the use of intelligent transport systems,

(v) whether an intelligent transport system was or was not subject to any malfunction at a specified time,

(vi) the map used for the purposes of an intelligent transport system,

(vii) reports relating to intelligent transport systems,

(viii) the correct operation and functioning of an intelligent transport system,

(ix) the position of a vehicle on the surface of the earth at a particular time,

(x) mathematical (including statistical) procedures used in relation to information obtained by the use of an intelligent transport system,

(m) the use of reports generated by an intelligent transport system as evidence in any proceedings before a court or tribunal,

(n) evidentiary presumptions as to the correct operation and functioning of an intelligent transport system, other matters relating to the operation of an intelligent transport system and information obtained by using such a system,

(o) specifying the nature of the evidence that may or may not be used to rebut an evidentiary presumption established by a regulation made under paragraph (n).

(3) A regulation made for the purposes of this section may create an offence punishable by a penalty not exceeding 200 penalty units.

(4) Sections 16 and 18 of the Workplace Surveillance Act 2005 do not apply to or in respect of the operation of an intelligent transport system, except to the extent provided by the regulations under this Act.

(5) This section is in addition to, and does not limit, any other regulation-making power contained in this Act or any other applicable road law.

(6) In this section:
"authority" includes a permit, authorisation, approval, notice or anything else granted or issued in writing under an applicable road law.