Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
authorised person means —
(a) in
relation to distance measuring equipment —
(i)
a member of the Police Force; or
(ii)
a person certified by the Commissioner of Police as being
competent to use the equipment;
(b) in
relation to speed measuring equipment —
(i)
a member of the Police Force; or
(ii)
a person certified by the Commissioner of Police as being
competent to use the equipment;
distance measuring equipment means apparatus of a
type approved by the Minister pursuant to subsection (2a);
speed measuring equipment means apparatus of a
type approved by the Minister pursuant to subsection (2).
(2) The Minister may,
from time to time, by notice published in the Government Gazette , approve of
types of apparatus for the purpose of ascertaining the speed at which a
vehicle is moving and may, by notice so published, revoke any such approval.
(2a) The Minister may,
from time to time, by notice published in the Government Gazette , approve of
types of apparatus for the purpose of ascertaining distances on roads and may,
by notice so published, revoke any such approval.
(3) In any proceeding
for an offence against this or any other Act or the regulations evidence may
be given of the use of speed measuring equipment by an authorised person in
relation to a vehicle and of the speed at which that vehicle was moving as
ascertained by the use of that equipment, and that evidence is prima facie
evidence of the speed at which that vehicle was moving at the time of the use
of that equipment in relation to that vehicle.
(3a) In any proceeding
for an offence against this or any other Act or the regulations evidence may
be given of the use of distance measuring equipment by an authorised person on
a road, of the distance between 2 identified points on the road as ascertained
by the use of that equipment and of the ascertainment of the speed at which a
vehicle was moving by the measurement of the time taken by that vehicle to
travel that distance, and that evidence is prima facie evidence of the speed
at which that vehicle was moving when it travelled that distance.
(4) In any proceeding
such as is mentioned in subsection (3), evidence by an authorised person
that apparatus used by him was speed measuring equipment within the meaning of
this section is prima facie evidence of that fact.
(4a) In any proceeding
such as is mentioned in subsection (3a), evidence by an authorised person
that apparatus used by him was distance measuring equipment within the meaning
of this section is prima facie evidence of that fact.
(4b) In any proceeding
such as is mentioned in subsection (3) or (3a), a certificate purporting
to be signed by the Commissioner of Police certifying that a person named in
the certificate is, or was at the material time, a person certified by the
Commissioner as being competent to use distance measuring equipment or to use
speed measuring equipment is prima facie evidence of the matters in the
certificate, without proof of the signature of the person purporting to have
signed it or proof that the purported signatory was the Commissioner.
(5) Nothing in this
section shall be construed as precluding or restricting the introduction of
any competent evidence, whether in addition to, or independent of, any
evidence for which provision is made by this section, bearing on the question
of whether a person was or was not guilty of an offence against this or any
other Act or the regulations.
[(6), (7) deleted]
[Section 98A inserted by No. 135 of 1976
s. 3; amended by No. 105 of 1981 s. 19; No. 82 of 1982
s. 24; No. 37 of 1996 s. 4; No. 50 of 1997 s. 12;
No. 39 of 2007 s. 16; No. 51 of 2010 s. 13.]