Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts10. After section 147C of the Principal Act the following sections are inserted:
“147CA. (1) The Minister may—
(a) of his or her own motion; or
(b) on receiving an application in writing from a manufacturer or importer of the particular radar speed measuring device;
by notice published in the Gazette , approve a device designed for use in measuring the speed of motor vehicles.
“(2) In considering whether to approve a device under subsection (1), the Minister shall have regard to Australian Standard 2898.1-2.
“147CB. (1) Evidence of the speed at which a motor vehicle was travelling upon a public street by reference to a speed measured by a radar speed measuring device shall not be given unless—
(a) on the day of the alleged offence the device was an approved device under subsection 147CA (1);
(b) the device was tested within 6 months before the day of the alleged offence;
(c) when tested the device was accurate and operating properly; and
(d) the testing was done by a person (approved by the Minister for the purpose by instrument in writing published in the Gazette ), whom the Minister is satisfied is competent to carry out electrical testing in accordance with Australian Standard 2898.1-2.
“(2) In any proceedings in a court in which evidence is given of the speed of a motor vehicle as measured by a radar speed measuring device, a certificate purporting to be signed by a police officer stating that—
(a) the person is a police officer;
(b) the device is an approved radar speed measuring device;
(c) on a specified day, not more than 6 months before the date of the alleged offence, the device was tested and found to be accurate and operating properly by a person referred to in paragraph (1) (d);
(d) at the commencement of a specified period of operation of the device, it was tested by the officer against a motor vehicle's accurate speedometer and was found to be accurate within a tolerance of 2 kilometres per hour;
(e) at the conclusion of the specified period of operation referred to in paragraph (d) (not being more than 9 hours later than the commencement) the device was tested by the officer against the same speedometer and was found to be accurate within a tolerance of 2 kilometres per hour; and
(f) the officer used the device—
(i) during a specified period (within the period referred to in paragraphs (d) and (e)); and
(ii) on a specified day;
to measure the speed of a specified vehicle travelling on a specified street through the detection area of the device and that the speed so measured was the speed specified;
is evidence of the matters stated in the certificate and of the facts on which they are based.”.