Document ID: chunk:federal_register_of_legislation:F2018L00265:reg:30
Version: federal_register_of_legislation:F2018L00265
Segment Type: reg
Provision Reference: reg 30
Character Range: 22370–24100

30  Evidence of speed of conveyances—use of speed measuring devices
 (1) This section applies in relation to proceedings before a court martial or Defence Force magistrate for an offence against section 40A of the Act.
 (2) Evidence of the speed of the conveyance as measured at a particular time by means of a speed measuring device is evidence of the speed of the conveyance at that time if the court martial or Defence Force magistrate, as the case may be, is satisfied that:
 (a) the speed measuring device was tested, not more than 12 months before that time, by an approved tester in accordance with:
 (i) Australian Standard AS 4691.2‑2003 Laser‑based speed detection devices, Part 2: Operational procedures, as in force when this instrument commenced; and
 (ii) any specifications of the manufacturer of the device that applied when this instrument commenced; and
 (b) the device was, upon completion of that test, sealed by an approved tester in accordance with:
 (i) Australian Standard AS 4691.1‑2003 Laser‑based speed detection devices, Part 1: Definitions and device requirements, as in force when this instrument commenced; and
 (ii) any specifications of the manufacturer of the device that applied when this instrument commenced; and
 (c) at that time the device was operated by a police member in accordance with Australian Standard AS 4691.2‑2003 Laser‑based speed detection devices, Part 2: Operational procedures, as in force when this instrument commenced.
 (3) For the purposes of subsection (2), the production to a court martial or Defence Force magistrate of a certificate in accordance with Form 1, 2 or 3 in Schedule 1 to this instrument is prima facie evidence of the facts stated in the certificate.