2011
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Road Transport (Safety and Traffic Management) Amendment Bill 2011

Contents
	Page
	
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	New division 6.1 heading and section 22AA	2
	5	Section 22A	3
	6	Section 22A (c)	4
	7	Section 22A (c)	4
	8	Section 22A (d)	4
	9	New section 22A (2)	4
	10	New section 22B	5
	11	New division 6.2 heading	5
	12	Use of camera detection devices
Section 23 (1) (a)	6
	13	Section 23 (1) (b)	6
	14	New section 23A	6
	15	Section 24 (2)	7
	16	New sections 24A and 24B	8
	17	Evidentiary certificates etc
Section 25 (2) (c)	10
	18	Section 25 (3) (a)	10
	19	New section 25 (3) (da)	10
	20	Section 25 (4)	11
	21	New section 25 (5) (ca)	11
	22	Section 25 (5) (e)	11
	23	Section 25 (6)	11
	24	Section 27 heading	12
	25	Notice of intention to challenge certain issues
Section 28 (1)	12
	26	Section 28 (3) (c)	12
	27	New sections 29 and 29A	12
	28	Dictionary, new definitions	13
	29	Dictionary, definition of indicated on	14
	30	Dictionary, definition of relevant information	14
	31	Dictionary, new definitions	14
	32	Dictionary, definition of traffic offence detection device	15
Schedule 1	Road Transport (General) Act 1999—Consequential amendments	16

2011
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Road Transport (Safety and Traffic Management) Amendment Bill 2011

A Bill for
An Act to amend the Road Transport (Safety and Traffic Management) Act 1999, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Road Transport (Safety and Traffic Management) Amendment Act 2011.
2	Commencement
This Act commences on a day fixed by the Minister by written notice.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
Note 3	If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).
3	Legislation amended
This Act amends the Road Transport (Safety and Traffic Management) Act 1999.
Note	This Act also amends the Road Transport (General) Act 1999 (see sch 1).
4	New division 6.1 heading and section 22AA
insert
Division 6.1	Definitions—pt 6
22AA	Definitions—pt 6
In this part:
average speed—see section 22B.
average speed detection system—see section 23A.
average speed limit, for a driver of a vehicle on a road between 2 detection points if more than 1 speed limit applies between the points, means the average speed limit prescribed by regulation for the road between the points.
detection point means a point prescribed by regulation on a road by reference to which a vehicle’s average speed can be worked out.
relevant information—see section 22A.
shortest practicable distance, between 2 detection points, means the distance prescribed by regulation as the shortest distance between the points that a vehicle’s driver could use to travel on a road between the points without contravening this Act.
speeding offence means an offence—
	(a)	against a provision of the road transport legislation of failing to obey a speed limit; or
	(b)	prescribed by regulation.
5	Section 22A
omit everything before paragraph (a), substitute
22A	Meaning of relevant information—pt 6
	(1)	For this part, relevant information, for an image of a vehicle taken by a camera detection device, is—
6	Section 22A (c)
omit
a regulation
substitute
a provision of the road transport legislation
7	Section 22A (c)
omit
the regulation
substitute
the provision
8	Section 22A (d)
omit
a regulation
substitute
the road transport legislation
9	New section 22A (2)
insert
	(2)	For this part, relevant information, for an image of a vehicle, or a numberplate or anything else on a vehicle, taken by a average speed detection system, is—
	(a)	the date and time when, and place where, the image was taken; and
	(b)	any information prescribed by regulation; and
	(c)	any other information the road transport authority considers appropriate.
10	New section 22B
insert
22B	Meaning of average speed—pt 6
	(1)	For this part, the average speed of a vehicle between 2 detection points is the speed worked out in accordance with the following formula and expressed in kilometres per hour rounded down to the next whole number:

	(2)	In this section:
SPD means the shortest practicable distance between the detection points.
T means the time, expressed in seconds, that elapsed between the vehicle passing the first and second detection points.
11	New division 6.2 heading
before section 23, insert
Division 6.2	Traffic offence detection devices—general
12	Use of camera detection devices
Section 23 (1) (a)
omit
a regulation
substitute
a provision of the road transport legislation
13	Section 23 (1) (b)
omit
a regulation
substitute
the road transport legislation
14	New section 23A
insert
23A	Use of average speed detection systems
	(1)	An average speed detection system is a system designed to take complying images of vehicles at detection points and work out the average speed of vehicles between 2 detection points.
	(2)	A photographic or electronic image of a vehicle, or a numberplate or anything else on a vehicle, taken by an approved average speed detection system is a complying image if—
	(a)	the image shows the vehicle, numberplate or other thing; and
	(b)	the relevant information for the image is indicated on the image; and
	(c)	for an electronic image—
	(i)	the system creates an electronic file that contains the image and the relevant information for the image; and
	(ii)	the file is recorded in accordance with the regulations; and
	(iii)	if a regulation requires the accuracy of the file to be verified—the file is verified in accordance with the regulation.
	(3)	This section does not—
	(a)	limit the matters that may be indicated on or shown by an image taken by an approved average speed detection system; or
	(b)	limit the information included in an electronic file created by an approved average speed detection system; or
	(c)	require an approved average speed detection system to be operated by a person.
15	Section 24 (2)
substitute
	(2)	A regulation may also make provision about—
	(a)	the meaning of codes and other information indicated on images taken by approved camera detection devices or approved average speed detection systems; and
	(b)	any other matter relating to average speed detection systems, including the images taken by them.
16	New sections 24A and 24B
insert
24A	Average speed of vehicle is evidence of actual speed in certain circumstances
	(1)	This section applies to a proceeding against a person for a speeding offence.
	(2)	The prosecution may rely on evidence of the average speed of the vehicle between 2 detection points as evidence of the actual speed of the vehicle between the detection points for the purpose of proving the offence.
	(3)	The following provisions apply in relation to the proceeding:
	(a)	the vehicle’s average speed is admissible and is evidence of the actual speed at which the driver drove the vehicle on a road between the detection points;
	(b)	if more than 1 speed limit applied to the driver between the detection points, the average speed limit for the driver on a road between the points is taken to be the speed limit that applied to the driver at all times on the road between the points; 
	(c)	for the purpose of working out the vehicle’s average speed, the vehicle is taken to have travelled between the detection points by means of the shortest practicable distance regardless of the actual route taken.
	(4)	An offence evidenced by the average speed of a vehicle between 2 detection points is taken to have been committed when the vehicle passed the 2nd detection point.
24B	Other forms of proof of speeding offences not excluded by s 24A
	(1)	Section 24A is in addition to, and does not limit, any other form of proof of a vehicle’s speed.
	(2)	Without limiting subsection (1), a court in a proceeding against a person for a speeding offence in which the prosecution is relying on evidence of the average speed of the vehicle may convict a person, or find a person guilty, of the offence by relying on evidence of the actual speed of the vehicle at a particular point of its journey between 2 detection points if the court is satisfied that—
	(a)	evidence in the proceeding (other than evidence establishing the average speed) establishes the actual speed at which the driver was driving, and the actual speed limit that applied to the driver at that point; and
	(b)	the use of the actual speed and actual speed limit rather than the average speed (and, if relevant, the average speed limit) demonstrates that the driver exceeded the speed limit by a greater speed than that indicated by the use of the average speed (and average speed limit).
Example
The average speed of a vehicle between 2 detection points is 120km/h along a length of road for which the speed limit is 90km/h.  A police officer measured the speed of the vehicle at a point during that journey at 130km/h using an approved speed measuring device.  The court may rely on the evidence obtained by the police officer rather than the average speed to convict a person of the speeding offence.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
17	Evidentiary certificates etc
Section 25 (2) (c)
substitute
	(c)	the recording or verification of an electronic file created by an approved camera detection device or an approved average speed detection system;
	(d)	the vehicle’s average speed between stated detection points.
18	Section 25 (3) (a)
substitute
	(a)	that the traffic offence detection device is—
	(i)	an approved camera detection device; or
	(ii)	an approved speed measuring device; or
	(iii)	an approved average speed detection system;
19	New section 25 (3) (da)
insert
	(da)	if the device is an approved average speed detection system—
	(i)	that a stated image is an accurate copy of an image taken by the system at a stated date, time and place or is an accurate copy of 1 of a set of images taken by the system at stated places at a stated time or during a stated period; or
	(ii)	that stated images are accurate copies of a set of images taken by the system at stated places at a stated time or during a stated period.
20	Section 25 (4)
after
approved camera detection device
insert
or an approved average speed detection system
21	New section 25 (5) (ca)
insert
	(ca)	if the information indicates the average speed of the vehicle between 2 detection points—that the driver was driving the vehicle at that speed between the points;
22	Section 25 (5) (e)
omit
a regulation
substitute
a provision of the road transport legislation
23	Section 25 (6)
substitute
	(6)	If an image mentioned in subsection (4) is a copy of 1 of a series or set of images taken by an approved camera detection device or an approved average speed detection system at a time or during a period, subsections (4) and (5) apply to the image considered by itself and to the image considered with other images in the series or set.
24	Section 27 heading
substitute
27	Inspection and purchase of images taken by traffic offence detection devices
25	Notice of intention to challenge certain issues
Section 28 (1)
substitute
	(1)	This section applies if a defendant in a proceeding for an offence against this Act intends to challenge the following:
	(a)	the maintenance, testing, sealing, use, accuracy or operating condition of a traffic offence detection device; 
	(b)	a vehicle’s average speed between 2 detection points.
26	Section 28 (3) (c)
substitute
	(c)	outline the grounds on which the defendant intends to make the challenge.
27	New sections 29 and 29A
in part 6, insert
29	Use of images
The road transport authority may use an image taken by a traffic offence detection device only for 1 or more of the following purposes:
	(a)	to assist in deciding whether a vehicle was driven in contravention of a provision of the road transport legislation about obeying the speed limit;
	(b)	in relation to the investigation of, or the conduct of a criminal proceeding for, an offence against the road transport legislation;
	(c)	a purpose allowed by another law in force in the ACT.
29A	Disclosure of images
The road transport authority must ensure that an image taken by a traffic offence detection device is not disclosed by the authority to someone else except—
	(a)	to a person who can ask for a copy of the image under section 27; or
	(b)	to a police officer or authorised person; or
	(c)	for a purpose in relation to the investigation of, or the conduct of a criminal proceeding for, an offence against the road transport legislation; or
	(d)	in accordance with another law in force in the ACT.
28	Dictionary, new definitions
insert
approved average speed detection system means an average speed detection system approved under a regulation.
average speed, of a vehicle between 2 detection points, for part 6 (Traffic offence detection devices)—see section 22B.
average speed detection system, for part 6 (Traffic offence detection devices)—see section 23A.
average speed limit, for a driver of a vehicle on a road between 2 detection points if more than 1 speed limit applies between the points, for part 6 (Traffic offence detection devices)—see section 22AA.
detection point, for part 6 (Traffic offence detection devices)—see section 22AA.
29	Dictionary, definition of indicated on
after
approved camera detection device
insert
or an approved average speed detection system
30	Dictionary, definition of relevant information
substitute
relevant information, for part 6 (Traffic offence detection devices)—
	(a)	for an image of a vehicle taken by a camera detection device—see section 22A (1); and
	(b)	for an image of a vehicle, or a numberplate or anything else on a vehicle, taken by an average speed detection system—see section 22A (2).
31	Dictionary, new definitions
insert
shortest practicable distance, between 2 detection points, for part 6 (Traffic offence detection devices)—see section 22AA.
speeding offence, for part 6 (Traffic offence detection devices)—see section 22AA.
32	Dictionary, definition of traffic offence detection device
substitute
traffic offence detection device means—
	(a)	an approved camera detection device; or
	(b)	an approved speed measuring device; or
	(c)	an approved average speed detection system.

Schedule 1	Road Transport (General) Act 1999—Consequential amendments
(see s 3)
[1.1]	Section 26 (2) (e) (i)
substitute
	(i)	how to inspect and obtain a copy of an image taken by the approved camera detection device or approved average speed detection system; and
[1.2]	Section 35 (2) (e)
substitute
	(e)	if the offence is a camera-detected offence—state that the offence is a camera-detected offence, and tell the person how to inspect and obtain a copy of an image taken by the approved camera detection device or approved average speed detection system.
[1.3]	Dictionary, new definition of approved average speed detection system
insert
approved average speed detection system—see the Road Transport (Safety and Traffic Management) Act 1999, dictionary.
[1.4]	Dictionary, definition of camera-detected offence
after
approved camera detection device
insert
or an approved average speed detection system

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2011.
2	Notification
	Notified under the Legislation Act on	2011.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2011