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Legislative Assembly for the ACT: 2011 Week 10 Hansard (Thursday, 22 September 2011) . . Page.. 4412 ..


Schedule 3

Road Transport (Safety and Traffic Management) Amendment Bill 2011

Amendments moved by the Attorney-General

1

New clause 15A

Page 7, line 24—

insert

15ANew section 24 (3)

insert

(3) However, a regulation must not provide for a system to be an approved average speed detection system unless the system ensures that each image of a vehicle taken at a detection point is deleted from the camera that took the image not later than 30 days after the image is taken.

2

Clause 27

Page 12, line 17—

omit clause 27, substitute

27New sections 29 to 29C

in part 6, insert

29Use of images by road transport authority

The road transport authority may use an image taken by a traffic offence detection device only—

(a) in connection with the enforcement of the road transport legislation; or

Examples

1 for deciding whether to issue infringement notices

2 for preparing prosecutions

3 for training staff

4 for testing and maintenance of traffic offence detection devices

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).

(b) if the use of the information is reasonably necessary for the enforcement of the criminal law or a law imposing a monetary penalty; or

(c) if the use of the information is required or authorised by—

(i) a law of the Territory; or

(ii) a law of the Commonwealth; or

(iii) an order of a court of competent jurisdiction.

29ADisclosure of images by road transport authority

The road transport authority must ensure that an image taken by a


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