Commonwealth Consolidated Acts

INTERSTATE ROAD TRANSPORT ACT 1985 - SECT 43

             (1)  A monitoring device record is not admissible in evidence in any criminal proceedings unless:

                     (a)  the proceedings are proceedings for:

                              (i)  an offence against section 40 or 41 of this Act;

                             (ii)  an offence against section 6 of the Crimes Act 1914 , or an offence against section 11.1, 11.4 or 11.5 of the Criminal Code , being an offence that relates to an offence referred to in subparagraph (i) of this paragraph; or

                            (iii)  an offence punishable by imprisonment for a period of not less than 3 years; or

                     (b)  the record is adduced by the defendant.

             (2)  Nothing in this section affects the admissibility in any civil proceedings of a monitoring device record.