New South Wales Consolidated Acts

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ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 - SECT 46

Certificates concerning use of approved speed measuring devices

46 Certificates concerning use of approved speed measuring devices

(cf Traffic Act, s 4AB (1) and (2))

(1) In proceedings for any offence against this Act in which evidence is given of a measurement of speed obtained by the use of an approved speed measuring device, a certificate purporting to be signed by an appropriate officer certifying that:
(a) the device is an approved speed measuring device within the meaning of this Act, and
(b) on a day specified in the certificate (being within the time prescribed by the regulations before the alleged time of the offence) the device was tested in accordance with the regulations and sealed by an appropriate officer, and
(c) on that day the device was accurate and operating properly,
is admissible and is prima facie evidence of the particulars certified in and by the certificate.
(2) If any such certificate is tendered in proceedings for an offence, evidence:
(a) of the accuracy or reliability of the approved speed measuring device, or
(b) as to whether or not the device operated properly or operates properly (generally or at a particular time or date or during a particular period),
is not required in those proceedings unless evidence sufficient to raise doubt that, at the time of the alleged offence, the device was accurate, reliable and operating properly is adduced.
(3) In this section:
"appropriate officer" means:
(a) in the case of an approved speed measuring device that is used in conjunction with, or forms part of, an approved digital camera recording device-a person (or person belonging to a class of persons) authorised by the Authority to install and inspect approved digital camera recording devices or approved speed measuring devices (or both), or
(b) in the case of any other kind of approved speed measuring device-a police officer, or a person authorised by the Commissioner of Police to test a device of that kind.
Note: See also section 73A.



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