After regulation 28 of the Principal Regulations , the following Part is inserted:

PART 5A - Security Camera Systems

28A.     Interpretation

In this Part –

download means to copy a video recording from a security camera system to another storage device, including a disk or tape, to to print an image from a security camera system;

operating taxi means a licensed taxi and includes a vehicle operating in substitution of that taxi;

police officer has the same meaning as in the Police Regulation Act 1898 ;

security camera system means a camera system specified in regulation 28C ;

Ulverstone taxi area is the Ulverstone taxi area specified in Schedule 1 to the Taxi Industry (Taxi Areas) Regulations 1996 ;

unauthorised purpose means a purpose that is not connected with –

(a) the investigation of an alleged offence by a police officer or an authorised officer; or

(b) the prosecution of, or the issue of a notice in respect of, an alleged offence; or

(c) the testing of a security camera system in accordance with these regulations;

video recording includes –

(a) electronically stored material from which a recorded image or recorded sound can be generated or reproduced; and

(b) a printed image from such material.

28C.     Security camera systems

The following camera systems are security camera systems for the purpose of these regulations:

(a) the Arkive as manufactured by AMSD Pty Ltd – Bitron Video Australia;

(b) the Cabcam Dv as manufactured by Martin Meters;

(c) the RDC 3020 as manufactured by Raywood Communications Pty Ltd;

(d) the Sigtec Verifeye Camera – Mk2 as manufactured by Sigtec Pty Ltd;

(e) the Cabcam DVR 300 as manufactured by Cabcam Pty Ltd.

28D.     Installation

(1)  A person installing a security camera system in a taxi must install that system in accordance with Schedule 5 .

Penalty:  Fine not exceeding 20 penalty units.

(2)  If a security camera system is installed in an operating taxi, the responsible operator of the taxi must also display signs that comply with item 3 of Schedule 2 .

Penalty:  Fine not exceeding 5 penalty units.

(3)  A sign displayed under item 3 of Schedule 2  –

(a) must be able to be read from outside the vehicle; and

(b) must not be obscured or covered.

Penalty:  Fine not exceeding 5 penalty units.

28E.     Testing of security camera system

(1)  After a security camera system is installed, the system is to be tested by the manufacturer to ensure that the system is fully operational.

(2)  If an authorised officer or a police officer requires the testing of the security camera system, the driver or responsible operator of a taxi must present the taxi at a time and place specified by the officer.

Penalty:  Fine not exceeding 10 penalty units.

(3)  When having the security camera system tested, the driver or responsible operator is to –

(a) have the system tested by the manufacturer in accordance with the test regime specified by the manufacturer of the camera system installed; and

(b) cause the system to be readjusted if an adjustment is required for the system to be fully operational.

(4)  A driver, or responsible operator, of a taxi must display in the taxi written evidence of the most recent testing of the security camera system that complies with item 4 of Schedule 2 .

Penalty:  Fine not exceeding 5 penalty units.

(5)  The written evidence of the most recent testing of a security camera system displayed under item 4 of Schedule 2  –

(a) must be able to be read from inside the vehicle; and

(b) must not be obscured or covered.

Penalty:  Fine not exceeding 5 penalty units.

(6)  The responsible operator of a taxi must ensure the security camera system installed in the taxi has been tested by the manufacturer in accordance with these regulations within the preceding 12-month period.

Penalty:  Fine not exceeding 20 penalty units.

(7)  Nothing in this regulation prevents the responsible operator of a taxi from voluntarily submitting a security camera system for testing.

28F.     Operation of security camera system

(1)  A driver of a vehicle with a security camera system installed must not use that vehicle as a taxi unless the security camera system indicates it is fully operational.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A driver of a vehicle with a security camera system installed must not use the vehicle as a taxi if the camera lens of the security camera system is obstructed in any way.

Penalty:  Fine not exceeding 20 penalty units.

(3)  A person must not prevent or impede the operation of a security camera system by –

(a) interfering with any part of the system; or

(b) causing or permitting such interference.

Penalty:  Fine not exceeding 20 penalty units.

28G.     Downloading recordings

(1)  A person must not download a video recording from a security camera system unless –

(a) the person has received a copy of a police incident report, or a police incident number, of a matter reported to a police officer and in respect of which the video recording may be relevant; or

(b) the person is acting at the direction of a police officer, an authorised officer or the Commissioner of Transport; or

(c) the person is acting pursuant to an order or direction of a court or tribunal constituted by law; or

(d) it is necessary to reset the security camera system; or

(e) it is required as part of the installation or testing of the security camera system.

Penalty:  Fine not exceeding 20 penalty units.

(2)  If a video recording is downloaded under subregulation (1)(d) or (e) and is not required for police investigations, or legal proceedings, under regulation 28H , the person downloading the video recording must –

(a) keep the video recording for 60 days after the video recording was downloaded; and

(b) at the end of those 60 days, dispose of the video recording in accordance with regulation 28K .

Penalty:  Fine not exceeding 20 penalty units.

(3)  A video recording is required for police investigations, or legal proceedings, if a police officer requests a copy of that recording under regulation 28H within the 60 days referred to in subregulation (2) .

28H.     Video recordings used for legal proceedings

(1)  A person downloading a video recording under regulation 28G(1)(a) , (b) or (c) must –

(a) forward a copy of that recording to police as soon as possible; and

(b) keep the original recording and any copy of the recording until notified to dispose of the recording under subregulation (5) .

Penalty:  Fine not exceeding 20 penalty units.

(2)  A police officer may request a copy of a video recording downloaded under regulation 28G(1)(d) or (e) if a copy of that recording is required for police investigations or legal proceedings.

(3)  If a police officer requests a copy of a video recording under subregulation (2) , the person with the original video recording must –

(a) comply with that request; and

(b) keep the original recording and any other copy of the recording until notified to dispose of the recording under subregulation (5) .

Penalty:  Fine not exceeding 20 penalty units.

(4)  The Commissioner of Police is to –

(a) store a video recording received under subregulation (1) or (2) ; or

(b) dispose of that video recording, and any copy of that video recording, in accordance with regulation 28K .

(5)  The Commissioner of Police is to issue a notice in writing to a person keeping a video recording under subregulation (1) or (3) informing the person that the original recording, and any copy of the recording, held by the person is to be disposed of.

(6)  A person who has received a written notice issued under subregulation (5) must comply with the notice.

Penalty:  Fine not exceeding 20 penalty units.

28J.     Use and storage of video recordings

(1)  A person must not use a video recording made by, or downloaded from, a security camera system, or a copy of such a video recording, for an unauthorised purpose.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person in possession of a video recording made by, or downloaded from, a security camera system, or a copy of such a video recording, must ensure that the recording or copy is not misplaced or used for an unauthorised purpose.

Penalty:  Fine not exceeding 20 penalty units.

28K.     Disposal of video recording

A video recording or a copy of a video recording may be disposed of by –

(a) deleting the original recording or copy; or

(b) permanently removing any trace of the recording or copy from its storage device; or

(c) destroying the recording or copy so that it is no longer possible to access the recording or copy.