New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 283

283 Law enforcement devices

(1) A certificate--

(a) that would, by virtue of a provision of Division 5 of Part 5.3 of, or Division 2 of Part 5 of Schedule 3 to, the Road Transport Act 2013 , be admissible in proceedings for an offence under that Act as evidence of the particulars certified in and by the certificate, or

(b) that would, by virtue of section 33, 33D, 35, 46, 47, 47B, 57 or 57B of the former Road Transport (Safety and Traffic Management) Act 1999 (as continued in effect under Schedule 4 to the Road Transport Act 2013 ), be admissible in proceedings for an offence under the former Act as evidence of the particulars certified in and by the certificate, or

(c) that would, by virtue of clause 27 or 29 of Schedule 1 to the Marine Safety Act 1998 , be admissible in proceedings for an offence under that Act as evidence of the particulars certified in and by the certificate,

is admissible in all criminal proceedings as evidence of those particulars.

(2) Despite subsection (1), such a certificate is not admissible in proceedings under the Drug Misuse and Trafficking Act 1985 as evidence of the use or administration, by the person to whom the certificate relates, of any prohibited drug within the meaning of that Act.

(3) Evidence is not required in any criminal proceedings--

(a) as to the accuracy or reliability of any approved traffic enforcement device or breath analysing instrument to which such a certificate relates, or

(b) as to the manner in which any approved traffic enforcement device or breath analysing instrument to which such a certificate relates was operated,

unless evidence is adduced that the device or instrument was not accurate, was not reliable or was not properly operated.

(4) A photograph--

(a) that would, by virtue of a provision of Division 5 of Part 5.3 of the Road Transport Act 2013 , be admissible in proceedings under that Act as evidence of the matters shown or recorded on the photograph, or

(b) that would, by virtue of section 47, 47B, 57 or 57B of the former Road Transport (Safety and Traffic Management) Act 1999 (as continued in effect under Schedule 4 to the Road Transport Act 2013 ), be admissible in proceedings under the former Act as evidence of the matters shown or recorded on the photograph,

is admissible in all criminal proceedings as evidence of those matters.

(5) In this section--

"approved traffic enforcement device" means any of the following--

(a) an approved traffic enforcement device (within the meaning of the Road Transport Act 2013 ),

(b) an approved average speed detection device, approved camera detection device, approved camera recording device, approved speed measuring device or approved traffic lane camera device (within the meaning of the former Road Transport (Safety and Traffic Management) Act 1999 ).

"breath analysing instrument" means any of the following--

(a) a breath analysing instrument (within the meaning of the Road Transport Act 2013 ),

(b) a breath analysing instrument (within the meaning of the former Road Transport (Safety and Traffic Management) Act 1999 ).