Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered RegulationsAfter Part IVA the following Parts are inserted:
“ PART 4B—PARKING INFRINGEMENTS
“26C Prescribed penalties
For subsection 149 (1) of the Act, the amount mentioned in an item of Part 1 of Schedule 1 is the prescribed penalty for the parking infringement that is described in the item and a contravention of the provision of the Act mentioned in the item.
“ PART 4C—INFRINGEMENT NOTICES
“26D Infringement notice offences and penalties
“(1) Each of the following offences is an offence to which Part 11A of the Act applies (an infringement notice offence ):
(a) an offence against the Act that is described in an item of Part 2 of Schedule 1 and is a contravention of the provision of the Act mentioned in the item;
(b) an offence against these regulations that is described in an item of Part 3 of Schedule 1 and is a contravention of the provision of these regulations mentioned in the item;
(c) an offence against the Traffic Act 1937 that is described in an item of Part 4 of Schedule 1 and is a contravention of the provision of that Act mentioned in the item.
“(2) The penalty payable by an individual under an infringement notice for an infringement notice offence is the amount mentioned in the item of Part 2, 3 or 4 of Schedule 1 applying to the offence.
“(3) The penalty payable by a body corporate under an infringement notice for an infringement notice offence is 5 times the amount mentioned in the item of Part 2, 3 or 4 of Schedule 1 applying to the offence.
“(4) The cost of serving a reminder notice for an infringement notice offence is $34.
“26E Administering authority
The administering authority for every infringement notice offence is the chief police officer.
“26F Authorised persons for infringement notices
A police officer may serve an infringement notice for any infringement notice offence.
“26G Authorised persons for reminder notices
A police officer may serve a reminder notice for any infringement notice offence.
“26H Persons authorised for infringement notices etc to have unique number
The administering authority for an infringement notice offence must give a unique number to each person who is authorised by the administering authority to serve infringement or reminder notices for the offence.
“26I Period for service of certain infringement notices
An infringement notice for a camera-detected offence may only be served under section 180E (Service of infringement notices on vehicle owners) of the Act within 28 days after the day the offence was committed.
“26J Identifying particulars for vehicle for infringement notice offence involving a vehicle
“(1) For paragraph 180F (1) (e) of the Act, the identifying particulars for a vehicle are the following:
(a) any registration number;
(b) body type;
(c) the registration expiry date shown on any registration label;
(d) if relevant to the offence—the number of passengers in the vehicle.
“(2) However, if there is not a numberplate or registration label on the vehicle and a vehicle or engine identification number for the vehicle is known, the vehicle or engine identification number may be stated instead of particulars mentioned in paragraph (1) (a) or (c).
“(3) For a camera-detected offence, paragraphs (1) (c) and (d) do not apply if it is not possible to decide those particulars from the image taken by the traffic offence detection device.
“26K Identifying particulars for animal for infringement notice offence involving an animal
For paragraph 180F (1) (f) of the Act, the identifying particulars for an animal are the following:
(a) species;
(b) breed;
(c) colour;
(d) sex;
(e) age;
(f) any identification or registration tags;
(g) any collars;
(h) any brands or tattoo;
(i) any electronically coded implant;
(j) any marks or scars;
(k) any other noticeable distinguishing marks or features.
“26L Identifying particulars for authorised person for infringement notice offence
“(1) For paragraph 180F (1) (i) of the Act, the identifying particular for an authorised person who is a police officer is the service number of the police officer.
“(2) For paragraph 180F (1) (i) of the Act, the identifying particular for an authorised person who is authorised by the administering authority for an infringement notice offence to serve infringement or reminder notices for the offence is the unique number given to the person by the administering authority under regulation 26H.
“26M Person to whom administering authority may delegate
For subsection 180MT (1) of the Act, a person to whom the administering authority may delegate its powers under the Act is the registrar.
“ PART 4D—DEMERIT POINTS
“26N Demerit points
“(1) For section 180NB of the Act, an offence is a prescribed offence if—
(a) it is an offence against the Act that is described in an item of Part 2 of Schedule 1 and is a contravention of the provision of the Act mentioned in the item; and
(b) the item mentions a number of demerit points.
“(2) For section 180NB of the Act, the prescribed number of demerit points for a prescribed offence is the number of demerit points mentioned in the item of Part 2 of Schedule 1 applying to the prescribed offence.
“(3) For subsection 180NB (1) of the Act, the prescribed number of demerit points for a corresponding offence is the number of demerit points mentioned in the item of Part 2 of Schedule 1 applying to the prescribed offence that corresponds to the corresponding offence.
“(4) This regulation has effect subject to regulation 26O.
“26O Demerit points—declared holiday periods
“(1) For section 180NB of the Act, the prescribed number of demerit points incurred for a prescribed offence that is committed, or alleged to have been committed, during a declared holiday period is—
(a) if item 106, 108, 109, 110, 111, 112 or 113 of Part 2 of Schedule 1 applies to the offence—double the number of demerit points mentioned in the item; or
(b) if any other item of Part 2 of Schedule 1 applies to the offence—1 more than the number mentioned.
“(2) The Minister may, by notice in the Gazette , declare that a stated period is a holiday period for this regulation.
“(3) A notice under subregulation (2) is a disallowable instrument for section 10 of the Subordinate Laws Act 1989 .
“ PART 4E—TRAFFIC OFFENCE DETECTION DEVICES
“26P Definitions for Pt 4E
In this Part—
(a) Laser Technology Inc. LTI 20-20 Marksman; or
(b) Laser Technology Inc. LTI 20-20 Ultralyte.
(a) Applied Concepts Inc. Stalker Dual; or
(b) AWA Slant Radar Model 449; or
(c) Kustom Signals KR-10SP; or
(d) Kustom Signals KR-11; or
(e) Kustom Signals, Inc. Silver Eagle; or
(f) Fairey Slant Radar Model 456.
(a) a department of electrical or electronic engineering at a university in Australia; or
(b) the Division of Applied Physics, Commonwealth Scientific and Industrial Research Organisation; or
(c) the Support Services Division, British Aerospace Australia Limited.
“26Q Approved traffic offence detection devices
“(1) For the definition of approved camera detection device in section 180ZD of the Act, the digital camera detection device is approved.
“(2) For the definition of approved speed measuring device in section 180ZD of the Act, each laser speed measuring device and radar speed measuring device is approved.
“26R Major testing of traffic offence detection devices
“(1) A digital camera detection device, laser speed measuring device and radar speed measuring device must be tested in accordance with this regulation at least once in every 12 months.
“(2) The test must be carried out by a person approved under regulation 26U.
“(3) The testing of a digital camera detection device or laser speed measuring device must find out whether the device—
(a) is operating in accordance with the manufacturer's specifications; and
(b) is accurate within a tolerance of plus or minus 2 kilometres per hour.
“(4) The testing of a radar speed measuring device must find out whether the device is operating in accordance with Australian Standard 2898.1-2.
“(5) If the test establishes the matters mentioned in subregulation (3) or (4), the person who carried out the test must—
(a) sign a certificate to that effect; and
(b) if a seal on the device has been damaged or removed—seal the device.
“(6) A test mentioned in this regulation may be carried out before the commencement of this regulation, and a certificate mentioned in paragraph (5) (a) may be signed for such a test before the commencement.
“26S Maintenance of traffic offence detection devices
A traffic offence detection device must be maintained in accordance with the manufacturer's instructions by a person who is approved under regulation 26V.
“26T Use of traffic offence detection devices
“(1) A digital camera detection device must be used by an operator by doing the following operations in accordance with the manufacturer's instructions for the device:
(a) testing the laser speed measuring component of the device at the beginning of each continuous period of use by carrying out the following checks:
(i) an instrument confidence check;
(ii) a calibration verification check;
(iii) a scope alignment check;
(b) activating the device;
(c) operating the device;
(d) testing the laser speed measuring component of the device at the end of each continuous period of use by carrying out the checks mentioned in paragraph (a).
“(2) However, after the operator of a digital camera detection device has carried out the operations mentioned in paragraphs (1) (a) and (b), the device may operate unattended.
“(3) A laser speed measuring device must be used by an operator by doing the following operations in accordance with the manufacturer's instructions for the device:
(a) testing the device at the beginning of each continuous period of use by carrying out the following checks:
(i) an instrument confidence check;
(ii) a calibration verification check;
(iii) a scope alignment check;
(b) activating the device;
(c) operating the device;
(d) testing the device at the end of each continuous period of use by carrying out the checks mentioned in paragraph (a).
“(4) A radar speed measuring device must be used as follows:
(a) at the beginning of each continuous period of use by an operator, the device must be tested by the operator against a motor vehicle's accurate speedometer and must be found to be accurate within a tolerance of 2 kilometres per hour;
(b) at the end of each continuous period of use by an operator and, if the period is longer than 9 hours, also after 9 hours, the device must be tested by the operator against the same speedometer and must be found to be accurate within a tolerance of 2 kilometres per hour;
(c) the device must also be used in accordance with the manufacturer's instructions.
“(5) In this regulation—
“26U Approved people—testing and sealing
The following people are approved to test and seal traffic offence detection devices:
(a) for a laser speed measuring device or digital camera detection device—a person employed by a testing authority if the person in charge of the testing authority is satisfied the person is competent to carry out testing and sealing in accordance with the manufacturer's specifications;
(b) for a radar speed measuring device—a person employed by a testing authority if the person in charge of the testing authority is satisfied the person is competent to carry out testing in accordance with Australian Standard 2898.1-2.
“26V Approved people—maintenance
“(1) Each police officer is approved to maintain any traffic offence detection device.
“(2) The registrar may approve a person who is not a police officer to maintain digital camera detection devices.
“(3) The registrar may only approve a person under subregulation (2) if the registrar is satisfied that the person has appropriate qualifications to maintain, or experience in the maintenance of, digital camera detection devices.
“26W Approved people—use
“(1) Each police officer is approved to use any traffic offence detection device.
“(2) The registrar may approve a person who is not a police officer to use digital camera detection devices.
“(3) The registrar may only approve a person under subregulation (2) if the registrar is satisfied that the person has appropriate qualifications to operate, or experience in the operation of, digital camera detection devices.
“26X Meaning of codes on images
“(1) On an image produced by a digital camera detection device, the code—
“(2) On an image produced by a digital camera detection device, the code following the prefix SLS has the meaning set out in Schedule 3.
“26Y Exemptions for people using traffic offence detection devices
“(1) This regulation applies to a person who is approved to use traffic offence detection devices.
“(2) The following provisions of the Act do not apply to the person in respect of a vehicle being used by the person in the course of his or her duty as a person approved to use traffic offence detection devices if, in the circumstances, the person is taking reasonable care and it is reasonable that the provision should not apply:
(a) subsection 151 (1) (which is about stopping or parking a vehicle other than on the carriageway of a public street);
(b) subsection 151 (2) (which is about stopping or parking a vehicle other than on the left side of a carriageway);
(c) subsection 151 (3) (which is about stopping or parking a vehicle on a one-way street or in a loading area);
(d) subsection 152 (1) (which is about parking a vehicle on a street contrary to a no parking sign);
(e) subsection 152 (3) (which is about parking a vehicle on a street for longer than the time limit on a parking sign);
(f) subsection 155 (1) (which is about parking a vehicle in a public place contrary to a no parking sign);
(g) subsection 155 (3) (which is about parking a vehicle in a public place for longer than the time limit on a parking sign);
(h) paragraph 158 (1) (ea) (which is about stopping or parking a vehicle on a traffic island or median strip);
(i) paragraph 158 (2) (c) (which is about stopping or parking a vehicle on a kerbed street other than on the carriageway or a parking area).
“26Z Modification of Pt 15 of the Act
“(1) Part 15 of the Act is modified by inserting the following section after section 227:
‘227A Service of infringement notices etc
‘(1) Despite paragraph 180F (1) (b), an infringement notice served under section 180D may state the date of issue of the notice instead of the date of service of the notice.
‘(2) If an infringement notice states the date of issue of the notice—
(a) the notice must be served on the person to whom it is addressed, or posted by prepaid post to the person to whom it is addressed, on the date of issue; and
(b) sections 180G to 180MF (inclusive) apply in relation to the notice as if a reference to 28 days after the day the notice is served on the person were a reference to 35 days after the date of issue.
‘(3) Despite paragraph 180F (1) (d), an infringement notice served under section 180D need not state the law or the provisions of the law contravened by the person to whom the notice is addressed.'
“(2) This regulation ceases to have effect on 1 December 1999.”.