❓ A WA parliamentary question scrutinizes the Police regarding the gazettal of speed detection devices, particularly the LTI 20-20 Ultralyte, and the validity of infringement notices issued before proper gazettal. The Police response clarifies the gazettal process and its impact on prosecutions but is unable to provide specific data on infringement notices due to system limitations.
AnsweredQoN 384Legislative Council
QuestionView source ↗
(1) Is it true that certain specific particulars of each apparatus used for the abovementioned purpose must be listed in the Government Gazette?
(2) What classes and/or items of any apparatus to be used for the abovementioned purpose must be listed and/or otherwise described in the Government Gazette and what particulars and/or other description must be included in that listing?
(3) What classes and/or items of apparatus used for the abovementioned purpose do not have to be listed and/or otherwise described in the Government Gazette?
(4) What are the details of any apparatus that is currently used for the abovementioned purpose where that apparatus is not required to be listed in the Gazette?
(5) Regarding the classes of apparatus described in question (2) above, is it true (as reported in the
West Australian
on 21 and 28 February 2009), in the case of certain handheld apparatus that until recently the required Gazette listing had not been updated since 1992?
(6) If yes to (5), please provide the details of each such apparatus, the date and Gazette number when (if ever) it was listed and/or otherwise described in the Gazette and the date when each such apparatus was first used for the abovementioned purpose?
(7) Regarding the classes of apparatus described in (2), please provide the details of each non-handheld apparatus used for the abovementioned purpose, the date and Gazette number when (if ever) the apparatus was listed and/or otherwise described in the Gazette, its mode of operation (dashboard mount, door mount, verge/roadside or other like operating mode) and the date when each such apparatus was first used for the abovementioned purpose?
(8) Since the 1992 Gazettal, are there any other classes and/or items of such apparatus that have been used by the Police for the abovementioned purpose prior to the required Gazettal?
(9) If yes to (8), please provide a breakdown by each item of such apparatus as to its mode of operation (as described in question 5 above) and the date when the apparatus was first used for the abovementioned purpose versus the date and Gazette number when (if ever) it was listed and/or otherwise described in the Gazette?
(10) In the case of the use of the ‘LTI 20-20 Utralyte’ handheld speed gun -
(a) how many infringement notices were issued prior to its required Gazettal; and
(b) how many of such wrongful infringement notices remain yet to be paid and/or otherwise are not finalised by the claimed offender including (but not limited to) any such wrongful infringements that are currently held and/or otherwise are being processed by respectively, the Fines Enforcement Registry/INREP (FER/INREP) or the Police?
(11) In the case of the use of the ‘LTI 20-20 Utralyte’ handheld speed gun, how many of such wrongful infringement notices that remain yet to be paid and/or otherwise are not finalised by the claimed offender -
(a) are currently held and/or otherwise are being processed by FER/INREP;
(b) are currently held and/or otherwise are being processed by the Police;
(c) have been withdrawn or otherwise not proceeded with by respectively, the Police and/or FER/INREP; and
(d) are currently held and/or otherwise are being processed by any agency, department, or court and/or the like (hereinafter collectively referred to as a ‘Government body’ other than the Police and FER/INREP?
(12) Please provide the details of each such Government body, the number of such wrongful infringement notices being dealt with by each such Government body and the number of such wrongful infringement notices that have been withdrawn or otherwise not proceeded with by that Government body?
(13) Regarding any such wrongful infringement notices as referred to (11), and that have not been withdrawn and/or otherwise are being processed -
(a) why have they not been withdrawn or otherwise not proceeded with by respectively, the Police, FER/INREP and/or each of the Government bodies mentioned in answer to (11)(d);
(b) when will they be withdrawn or otherwise not proceeded with by respectively, the Police, FER/INREP and/or each of the Government bodies mentioned in answer to (11)(d);
(c) will the persons issued with any such wrongful infringement notices be notified that they were wrongfully issued with such infringement notice;
(d) if no to (c), why not;
(e) how many of the persons issued with such wrongful infringement notices and that remain yet to be paid and/or otherwise are not finalised by the claimed offender have been notified that they were wrongfully issued with an infringement notice; and
(f) if none, when will they be notified?
(14) How many persons have been imprisoned and/or served a work and/or development order due only to non-payment of any fines (whether or not for speeding) where that non-payment included (but was not limited to) such wrongful (as described in the above questions) infringement notices?
(15) If any, how many have been notified of their potentially wrongful (in whole or part) imprisonment and/or potentially wrongful (in whole or part) work and/or development order?
(16) If none have been notified, when will they be notified or if they are not going to be notified, why not?
(17) In the cases only where such wrongful (as described in the above questions) infringement notices remain yet to be paid and/or otherwise are not finalised by the claimed offender -
(a) how many such persons have had their driving licence suspended and/or cancelled due only to non-payment of any fines (whether or not for speeding) where that non-payment included (but was not limited to) such wrongful (as described in the above questions) infringement notice and/or notices;
(b) how many have been notified that the suspension and/or cancellation of their driving licence was (at least in part if not whole) because of such wrongful (as described in the above questions) infringement notice and/or notices;
(c) if none have been notified, when will they be notified; and
(d) if they are not going to be notified, why not?
(18) How many persons have had their driving licence suspended and/or cancelled due to excessive demerit points incurred for infringements (whether or not for speeding) where this included (but was not limited to) demerit points incurred for such wrongful (as described in the above questions) infringement notice and/or notices?
(19) If any, how many have been notified that the suspension and/or cancellation of their driving licence was (at least in part if not whole) because of such wrongful (as described in the above questions) infringement notice and/or notices?
(20) If none have been notified, when will they be notified?
(21) If they are not going to be notified, why not?
(22) What is the total of each of the following -
(a) the amount collected from payment of such wrongful (as described in the above questions) infringement notices;
(b) the amount collected from payment of such wrongful (as described in the above questions) infringement notices issued in each of 2007, 2008 and the first five days of 2009; and
(c) the amount that was claimed to be outstanding for the payment of such wrongful (as described in the above questions) infringement notices that were yet to be paid and/or otherwise finalised by the claimed offender prior to the Gazette mentioned in answer to (5)?
(2) What classes and/or items of any apparatus to be used for the abovementioned purpose must be listed and/or otherwise described in the Government Gazette and what particulars and/or other description must be included in that listing?
(3) What classes and/or items of apparatus used for the abovementioned purpose do not have to be listed and/or otherwise described in the Government Gazette?
(4) What are the details of any apparatus that is currently used for the abovementioned purpose where that apparatus is not required to be listed in the Gazette?
(5) Regarding the classes of apparatus described in question (2) above, is it true (as reported in the
West Australian
on 21 and 28 February 2009), in the case of certain handheld apparatus that until recently the required Gazette listing had not been updated since 1992?
(6) If yes to (5), please provide the details of each such apparatus, the date and Gazette number when (if ever) it was listed and/or otherwise described in the Gazette and the date when each such apparatus was first used for the abovementioned purpose?
(7) Regarding the classes of apparatus described in (2), please provide the details of each non-handheld apparatus used for the abovementioned purpose, the date and Gazette number when (if ever) the apparatus was listed and/or otherwise described in the Gazette, its mode of operation (dashboard mount, door mount, verge/roadside or other like operating mode) and the date when each such apparatus was first used for the abovementioned purpose?
(8) Since the 1992 Gazettal, are there any other classes and/or items of such apparatus that have been used by the Police for the abovementioned purpose prior to the required Gazettal?
(9) If yes to (8), please provide a breakdown by each item of such apparatus as to its mode of operation (as described in question 5 above) and the date when the apparatus was first used for the abovementioned purpose versus the date and Gazette number when (if ever) it was listed and/or otherwise described in the Gazette?
(10) In the case of the use of the ‘LTI 20-20 Utralyte’ handheld speed gun -
(a) how many infringement notices were issued prior to its required Gazettal; and
(b) how many of such wrongful infringement notices remain yet to be paid and/or otherwise are not finalised by the claimed offender including (but not limited to) any such wrongful infringements that are currently held and/or otherwise are being processed by respectively, the Fines Enforcement Registry/INREP (FER/INREP) or the Police?
(11) In the case of the use of the ‘LTI 20-20 Utralyte’ handheld speed gun, how many of such wrongful infringement notices that remain yet to be paid and/or otherwise are not finalised by the claimed offender -
(a) are currently held and/or otherwise are being processed by FER/INREP;
(b) are currently held and/or otherwise are being processed by the Police;
(c) have been withdrawn or otherwise not proceeded with by respectively, the Police and/or FER/INREP; and
(d) are currently held and/or otherwise are being processed by any agency, department, or court and/or the like (hereinafter collectively referred to as a ‘Government body’ other than the Police and FER/INREP?
(12) Please provide the details of each such Government body, the number of such wrongful infringement notices being dealt with by each such Government body and the number of such wrongful infringement notices that have been withdrawn or otherwise not proceeded with by that Government body?
(13) Regarding any such wrongful infringement notices as referred to (11), and that have not been withdrawn and/or otherwise are being processed -
(a) why have they not been withdrawn or otherwise not proceeded with by respectively, the Police, FER/INREP and/or each of the Government bodies mentioned in answer to (11)(d);
(b) when will they be withdrawn or otherwise not proceeded with by respectively, the Police, FER/INREP and/or each of the Government bodies mentioned in answer to (11)(d);
(c) will the persons issued with any such wrongful infringement notices be notified that they were wrongfully issued with such infringement notice;
(d) if no to (c), why not;
(e) how many of the persons issued with such wrongful infringement notices and that remain yet to be paid and/or otherwise are not finalised by the claimed offender have been notified that they were wrongfully issued with an infringement notice; and
(f) if none, when will they be notified?
(14) How many persons have been imprisoned and/or served a work and/or development order due only to non-payment of any fines (whether or not for speeding) where that non-payment included (but was not limited to) such wrongful (as described in the above questions) infringement notices?
(15) If any, how many have been notified of their potentially wrongful (in whole or part) imprisonment and/or potentially wrongful (in whole or part) work and/or development order?
(16) If none have been notified, when will they be notified or if they are not going to be notified, why not?
(17) In the cases only where such wrongful (as described in the above questions) infringement notices remain yet to be paid and/or otherwise are not finalised by the claimed offender -
(a) how many such persons have had their driving licence suspended and/or cancelled due only to non-payment of any fines (whether or not for speeding) where that non-payment included (but was not limited to) such wrongful (as described in the above questions) infringement notice and/or notices;
(b) how many have been notified that the suspension and/or cancellation of their driving licence was (at least in part if not whole) because of such wrongful (as described in the above questions) infringement notice and/or notices;
(c) if none have been notified, when will they be notified; and
(d) if they are not going to be notified, why not?
(18) How many persons have had their driving licence suspended and/or cancelled due to excessive demerit points incurred for infringements (whether or not for speeding) where this included (but was not limited to) demerit points incurred for such wrongful (as described in the above questions) infringement notice and/or notices?
(19) If any, how many have been notified that the suspension and/or cancellation of their driving licence was (at least in part if not whole) because of such wrongful (as described in the above questions) infringement notice and/or notices?
(20) If none have been notified, when will they be notified?
(21) If they are not going to be notified, why not?
(22) What is the total of each of the following -
(a) the amount collected from payment of such wrongful (as described in the above questions) infringement notices;
(b) the amount collected from payment of such wrongful (as described in the above questions) infringement notices issued in each of 2007, 2008 and the first five days of 2009; and
(c) the amount that was claimed to be outstanding for the payment of such wrongful (as described in the above questions) infringement notices that were yet to be paid and/or otherwise finalised by the claimed offender prior to the Gazette mentioned in answer to (5)?
AnswerView source ↗
Answered
7 April 2009
Responded by
Minister for Energy representing the Minister for Police
Response time
26 days
(1) The publishing of the details of speed detection equipment in the Government Gazette is undertaken so that the "Prima Facie" provisions within Section 98A of the Road Traffic Act apply. This allows the prosecution to reply on a presumption of the speed detected, by the speed measuring equipment, as being the speed of the vehicle and shifting the onus of disproving the speed to the defence. For equipment that is not gazetted, the onus rests with the prosecution introducing additional evidence to prove the speed detected. Gazettal or otherwise does not restrict the use of detection equipment, affect the validity of the speed detected or the use or operation of speed measuring devices by police.
(2) See answer (1).
(3) See answer (1).
(4) See answer (1).
(5) Yes. The "LTI 20/20"
speed detection system
was gazetted in 1992 and it was believed that this wording covered all subsequent models of the "LTI 20/20" speed detection system. The subsequent hearing and appeal result in the Hands v Baker case ruled that any "newer" models need to be gazetted separately.
(6) LTI 20/20 "Ultralyte" and LTI 20/20 "Ultralyte compact" gazetted on 06/01/2009.
1. Multanova 6F Gazetted 21/10/88 p4241. Roadside. First used - after 01/11/88
2. Kustom KR-10sp Gazetted 07/04/92 p1571. Dash mounted. First used -after 08/04/92
3. Kustom silver eagles Gazetted 08/12/98 p6589. Dash mounted. First used -after 10/03/99
4. DecaturGenesis Gazetted 22/11/2002 p 5541. Dash mounted. First used - after 11/02/03
5. DecaturGenesis II Gazetted 27/05/2005 p 2331. Dash mounted. First used - after 05/07/04*
*(In 2004 it was first thought that this device was the same
speed detection system
as the original model and as a result was not gazetted immediately. In 2005 it was determined that as the system had changed from analogue to digital it should be gazetted and this took place on 27/5/2005. The impact of this is the same as in answer 1)
(7) No.
(8) N/A.
(10) WA Police systems do not allow for the recording of the types of speed measuring equipment used to detect the speed in relation to each and every individual traffic infringements, so it is not possible to answer this question. If an infringement is elected to be heard in court, then the operator will detail in evidence the type of equipment and observations he used to determine the speed.
(11) [see (10)].
(12) [see (10)].
(13) [see (10)].
(14) [see (10)].
(15) [see (10)].
(16) [see (10)].
(17) [see (10)].
(18) [see (10)].
(19) [see (10)].
(20) [see (10)].
(21) [see (10)].
(22) [see (10)].
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
(2) See answer (1).
(3) See answer (1).
(4) See answer (1).
(5) Yes. The "LTI 20/20"
speed detection system
was gazetted in 1992 and it was believed that this wording covered all subsequent models of the "LTI 20/20" speed detection system. The subsequent hearing and appeal result in the Hands v Baker case ruled that any "newer" models need to be gazetted separately.
(6) LTI 20/20 "Ultralyte" and LTI 20/20 "Ultralyte compact" gazetted on 06/01/2009.
1. Multanova 6F Gazetted 21/10/88 p4241. Roadside. First used - after 01/11/88
2. Kustom KR-10sp Gazetted 07/04/92 p1571. Dash mounted. First used -after 08/04/92
3. Kustom silver eagles Gazetted 08/12/98 p6589. Dash mounted. First used -after 10/03/99
4. DecaturGenesis Gazetted 22/11/2002 p 5541. Dash mounted. First used - after 11/02/03
5. DecaturGenesis II Gazetted 27/05/2005 p 2331. Dash mounted. First used - after 05/07/04*
*(In 2004 it was first thought that this device was the same
speed detection system
as the original model and as a result was not gazetted immediately. In 2005 it was determined that as the system had changed from analogue to digital it should be gazetted and this took place on 27/5/2005. The impact of this is the same as in answer 1)
(7) No.
(8) N/A.
(10) WA Police systems do not allow for the recording of the types of speed measuring equipment used to detect the speed in relation to each and every individual traffic infringements, so it is not possible to answer this question. If an infringement is elected to be heard in court, then the operator will detail in evidence the type of equipment and observations he used to determine the speed.
(11) [see (10)].
(12) [see (10)].
(13) [see (10)].
(14) [see (10)].
(15) [see (10)].
(16) [see (10)].
(17) [see (10)].
(18) [see (10)].
(19) [see (10)].
(20) [see (10)].
(21) [see (10)].
(22) [see (10)].
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.