Division 6Division 6 Evidentiary provisions
(1) A certificate that is issued on behalf of a roads authority by a person prescribed by the regulations, or by a person belonging to a class of persons so prescribed, being a certificate that states that on a date or during a period specified in the certificate:(a) a specified road was or was not of a specified classification, or(b) the boundaries or levels of a specified road were as specified in the certificate, or(c) a specified person was or was not an authorised officer for that authority for the purposes of this Act and the regulations or for the purposes of a specified provision of this Act or the regulations, or(d) a specified toll or charge was in force with respect to a specified tollway, bridge, tunnel or road-ferry, or(d1) a specified toll was or was not a relevant toll in relation to a specified toll point on a specified date for the purposes of this Act and the regulations or for the purposes of a specified provision of this Act or the regulations, or(d2) a specified person was or was not a toll operator in relation to a specified tollway, bridge, tunnel or road-ferry, or(d3) a specified point was or was not a toll point in relation to a specified tollway, bridge, tunnel or road-ferry, or(d4) a specified person was or was not the registered operator of a specified vehicle, or(e) a specified part of a footway was or was not the subject of a specified approval for a footway restaurant, or(f) a specified gate was or was not the subject of a public gate permit, or(g) a specified work or structure was or was not the subject of a consent given, extended or transferred by the roads authority, or(g1) a specified structure in, on or over a specified road was or was not the subject of a specified consent referred to in section 139A, or(h) a specified activity was or was not the subject of a road event permit with respect to a specified public road, or(i) a specified notice was or was not erected in a specified location, or(j) a specified vehicle was or was not the subject of a specified excess weight permit, or(k) a specified vehicle was measured as having had a specified laden or unladen weight or as having had a load of a specified weight, or(l) a specified part of a vehicle or a specified part of a vehicle’s load was measured as having had a specified weight,is admissible in any legal proceedings and is evidence of the fact or facts so stated.(2) A certificate that is issued on behalf of a roads authority by a person prescribed by the regulations, or by a person belonging to a class of persons so prescribed, being a certificate that states that:(a) a specified amount represents the costs incurred by the roads authority in carrying out specified work or in taking any specified action, or(b) a specified amount represents the costs incurred by the roads authority in relation to the exercise by an authorised officer of a function under Division 2,is admissible in any legal proceedings and is evidence of the fact or facts so stated.(3) A certificate that is issued by a trade measurement inspector within the meaning of the National Measurement Act 1960 of the Commonwealth, or by the holder of a servicing licence within the meaning of that Act, being a certificate that states that on a date specified in the certificate a specified weighing device was tested and was found to measure accurately (or accurately within specified tolerances), is admissible in any legal proceedings and is evidence of the fact that the device measured accurately (or accurately within those tolerances) at all times within the period of 12 months after that date.(4) A copy of any record, map or plan kept by RMS, by a roads authority or by any other public authority for the purposes of this Act, being a copy that is certified by a person prescribed by the regulations, or by a person belonging to a class of persons so prescribed, as being a true copy of the record, map or plan, is admissible in any legal proceedings and is evidence of the matter or matters contained in the record, map or plan.(5) Without limiting subsection (1), a statement in a certificate that is issued on behalf of a roads authority by a person prescribed by the regulations, or by a person belonging to a class of persons so prescribed, as to any matter that appears in or can be calculated from records:(a) that relate to motor vehicles using tollways or payment of tolls (or both), and(b) that are kept or accessed by the roads authority or the person,is admissible in any legal proceedings and is evidence of the fact or facts so stated.
249 Evidence as to whether a place is a public road
(1) Evidence that a place is or forms part of a thoroughfare in the nature of a road, and is so used by the public, is admissible in any legal proceedings and is evidence that the place is or forms part of a public road.(2) This section is subject to section 178 of the Conveyancing Act 1919 (No way by user against Crown etc).
250 Presumption of validity of orders and notices
Section 45 of the Interpretation Act 1987 applies to any order or notice published in the Gazette in accordance with this Act in the same way as it applies to instruments made by the Governor.
250A Approved camera recording devices—toll offences
(1) In this section:approved toll camera means a digital camera of a type approved by the Governor by order published in the Gazette as being designed:
(a) to take a photograph of a vehicle as it is driven past a toll point, and(b) to record on the photograph:(i) the date on which the photograph is taken, and(ii) the time and location at which the photograph is taken, and(iii) the direction in which the vehicle activating the camera is travelling, and(iv) such ancillary information in connection with the toll and the photographing of the vehicle at that time and location as may be prescribed by the regulations.authorised person means a person authorised by RMS to install and inspect approved toll cameras.
digital camera means a camera recording device that is capable of recording images in a digitalised format.
photograph includes a digitalised, electronic or computer generated image in a form approved by RMS.
toll includes a charge or a private toll or charge.
toll offence means an offence under the regulations of failing or refusing to pay a toll.
(1A) The fact that a camera takes a photograph of a vehicle only if it is driven in contravention of a requirement to pay a toll, or records the information referred to in paragraph (b) of the definition of approved toll camera only on such a photograph, does not prevent the camera from being an approved toll camera.(2) In proceedings for a toll offence:(a) a photograph tendered in evidence as a photograph taken by means of the operation, on a day specified on the photograph, of an approved toll camera installed at a location specified on the photograph, and as bearing a security indicator of a kind prescribed by the regulations, is admissible and is to be presumed:(i) to have been so taken unless evidence sufficient to raise doubt that it was so taken is adduced, and(ii) to bear such a security indicator unless evidence sufficient to raise doubt that it does so is adduced, and(b) evidence that a photograph tendered in evidence bears a security indicator of a kind prescribed by the regulations is prima facie evidence that the photograph has not been altered since it was taken, and(c) any such photograph is prima facie evidence of the matters shown or recorded on the photograph.(3) When a photograph referred to in subsection (2) is tendered in evidence in proceedings for a toll offence, a certificate purporting to be signed by an authorised person and certifying the following particulars is also to be tendered in evidence and is admissible and is prima facie evidence of those particulars:(a) that the person is an authorised person,(b) that within 30 days (or such other period as may be prescribed by the regulations) before the day recorded on the photograph as the day on which the photograph was taken, the person carried out the inspection specified in the certificate on the approved toll camera that took the photograph,(c) that on that inspection the approved toll camera was found to be operating correctly.(4) A person who acquires information in the exercise of functions in connection with the use or operation of an approved toll camera must not directly or indirectly make a record of or make use of the information or divulge it to another person, except in the exercise of functions:(a) in connection with the payment and collection of tolls, or such other functions with respect to tolls as may be prescribed by the regulations, or(b) in connection with the enforcement of a provision of this Act or the regulations under this Act.Maximum penalty: 50 penalty units.
(5) Subsection (4) does not apply to the divulging of information by an officer of RMS or a person exercising functions on behalf of or otherwise acting under the authority of RMS, or to the divulging of information, in accordance with any protocol approved by the Privacy Commissioner, to any of the following:(a) the Independent Commission Against Corruption,(b) the Australian Crime Commission,(c) the New South Wales Crime Commission,(d) the Ombudsman,(e) any other person prescribed for the purpose of this paragraph.(5A) Subsection (5) applies only in respect of information acquired in relation to a vehicle driven in contravention of a requirement to pay the relevant toll.(6) If a certificate under subsection (3) is tendered in proceedings for an offence, evidence:(a) of the accuracy or reliability of the approved toll camera, or(b) as to whether or not the camera operated correctly or operates correctly (generally or at a particular time or date or during a particular period),is not required in those proceedings unless evidence sufficient to raise doubt that, at the time of the alleged offence, the camera was accurate, reliable and operating correctly is adduced.(7) For the purposes of this section, an assertion that contradicts or challenges:(a) the accuracy or reliability, or the correct or proper operation, of an approved toll camera, or(b) the accuracy or reliability of information (including a photograph) derived from such a camera,is capable of being sufficient to rebut prima facie evidence or a presumption, or to raise doubt about a matter, only if it is evidence adduced from a person who has relevant specialised knowledge (based wholly or substantially on the person’s training, study or experience).