Page 2960 - Week 07 - Thursday, 30 June 2011

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between two detection points in an average speed detection system. The formula assumes that vehicles travel on the shortest practicable route between those points.

New section 23A permits the use of average speed detection systems in relation to speeding offences under laws in force in the ACT. It explains when an image taken by an average speed detection system will be a “complying image”. Only complying images can be used as evidence in proceedings for speeding offences.

The regulation-making power in section 24 is amended so that it authorises the making of regulations related to average speed detection systems, including the way these systems are tested and maintained. New section 24A ensures that evidence from complying images taken by an average speed detection system, which are used to determine a vehicle’s average speed, are evidence of the vehicle’s actual speed between the detection points for the purpose of proving a speeding offence.

New section 24B makes it clear that average speed evidence is not exclusive of other evidence that a person exceeded a speed limit. It preserves the admissibility of other forms of evidence to prove the commission of a speeding offence, such as evidence from a police officer using a laser or radar speed measuring device or evidence from a mobile speed camera van.

Amendments to section 25 deal with evidentiary certificates relating to average speed detection systems and images taken by those systems. An amendment to the heading of section 27 makes it obvious that images taken by an average speed detection system can be inspected or obtained by the registered operator or driver of a vehicle in an image. Amendments to section 28 deal with requirements for a defendant to give notice to the prosecution if he or she wishes to challenge evidence about a vehicle’s average speed.

New sections 29 and 29A place restrictions on the use and disclosure of images taken by traffic offence detection devices, including average speed detection systems. These amendments are additional to the protections provided to personal information by the Privacy Act 1988. They apply to all images taken by traffic cameras, whether or not they contain personal information, and ensure that these images are protected from inappropriate use or disclosure. Consequential amendments are made to the dictionary and to the Road Transport (General) Act 1999 to include references to matters related to average speed detection systems.

Some members of the community are concerned that point-to-point camera systems may be used for general surveillance or to track individuals’ movements around the ACT. I believe it is important that members understand what the system can and cannot do, and how personal privacy is protected by this bill.

The cameras will photograph the rear of the vehicles, not the front. Rear images are necessary to enable the detection of offences by vehicles that only display a rear numberplate, such as motorcycles. The images will not show the faces of occupants or riders. The cameras are triggered by passing vehicles and will not photograph pedestrians or other people or objects on roadsides. The cameras do not operate as continuous scene cameras. Furthermore, images of vehicles that the system does not

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