Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies to a proceeding for an offence involving a motor vehicle under this or another Act.
(2) An image produced by the prosecution purporting to be certified by the commissioner stating that the image was properly taken by a photographic detection device at a specified location and time is evidence of the following matters—
(a) the image was taken at the specified location and time;
(b) the accuracy of the image;
(c) the things depicted in the image;
(d) any requirements prescribed by a regulation about the operation and testing of a photographic detection device were complied with for the specified device at all material times.
(2A) A certificate purporting to be signed by the commissioner stating that a stated photographic detection device—
(a) was tested at a stated time and in accordance with—
(i) the specifications of the device's manufacturer; and
(ii) any further requirements about calibration testing prescribed under a regulation; and
(b) was found to produce accurate results at the time of testing;
is evidence of the matters stated and evidence the device was producing accurate results when so tested and for 1 year after the day of testing.
(3) If an image produced under subsection (2) is one in a series of images also produced under subsection (2)—
(a) the image may be numbered; and
(b) the time it was taken may be identified by reference to another image in the series.
(4) A marking or writing made by a photographic detection device on an image is taken to have the meaning prescribed under a regulation and is evidence of what it is taken to mean.
(6) Evidence of the condition of the photographic detection device is not required unless evidence that the device was not in proper condition has been given.
(7) A defendant who intends, at the hearing of a charge against the defendant under this Act, to challenge—
(a) the accuracy of a photographic detection device; or
(b) the image from a photographic detection device; or
(c) a marking or writing made by a photographic detection device on an image; or
(d) a matter mentioned in section 120A(4)(a),(b) or (c);
must give written notice of the challenge to the prosecution.
(8) The notice must be in the approved form and must—
(a) be signed by the defendant; and
(b) state the grounds on which the defendant intends to rely to challenge a matter mentioned in subsection (7)(a), (b) or (c) or section 120A(4)(a),(b) or (c); and
(c) be given at least 14 days before the day fixed for the hearing.
(9) In this section—
on, an image, includes adjacent to or associated with the image.