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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2022-11-01 Daily Xml
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Statutes Amendment (Use of Devices in Vehicles) Bill

Second Reading

The Hon. C.M. SCRIVEN (Minister for Primary Industries and Regional Development, Minister for Forest Industries) (18:19): I move:

That this bill be now read a second time.

I seek leave to incorporate the second reading explanation and the explanation of clauses into Hansard without my reading them.

Leave granted.

The Government is committed to reducing dangerous and high-risk driving behaviours, such as distraction, on South Australian roads.

Driver distraction is nationally recognised as a significant road safety risk and is one of the leading causes of fatalities and serious injury crashes on South Australian roads.

Between 2017-2021 (inclusive), 51 percent (247) of lives lost and 34 percent (1,330) of serious injury crashes listed inattention as a contributing factor.

This Bill amends the Road Traffic Act 1961 to include an enabling provision that will allow for the use of mobile phone detection cameras.

This Bill also contains consequential amentments to the Motor Vehicles Act 1959 as requiredto ensure consistency of defintions across both Acts.

Mobile phone detection will be able to occur through purpose built high-definition safety cameras at high-risk metropolitan sites. The cameras will target drivers illegally using a mobile phone whilst driving.

Mobile phone detection cameras have been implemented for enforcement purposes in New South Wales and Queensland and are currently being trialled for use in Victoria and the Australian Capital Territory.

These cameras will complement existing on road enforcement and road safety campaigns to reduce driver distraction by deterring drivers from illegally using their phones.

Introducing mobile phone detection cameras in South Australia is a positive road safety initiative aimed at reducing serious injuries and lives lost on South Australian Roads.

I commend this Bill to the House.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

Part 2—Amendment of Motor Vehicles Act 1959

3—Amendment of section 5—Interpretation

This clause amends section 5 of the principal Act by inserting a definition of series of photographs to clarify the meaning of that term for the purposes of the Act. A series of photographs includes a film, video or other continuous visual recording.

4—Amendment of Schedule 1—Evidence obtained by photographic detection device

This clause amends clause 4(a) of Schedule 1 of the principal Act to more clearly reflect the existing reference to a series of photographs in that clause.

Part 3—Amendment of Road Traffic Act 1961

5—Amendment of section 5—Interpretation

This clause amends section 5 of the principal Act by inserting a definition of series of photographs to clarify the meaning of that term for the purposes of the Act. A series of photographs includes a film, video or other continuous visual recording.

6—Amendment of section 79B—Provisions applying where certain offences are detected by photographic detection devices

This clause amends section 79B(10) of the principal Act to more clearly reflect the existing reference to a series of photographs in that subsection.

7—Insertion of section 175B

This clause inserts new section 175B into the principal Act.

175B—Evidence relating to use of devices in or on vehicles

This section empowers the making of regulations or rules to prescribe certain evidentiary provisions. The evidentiary provisions must relate to evidence obtained through the operation of certain photographic detection devices and must only facilitate proof of certain offences relating to the use of a device in or on a vehicle.

Both the photographic detection devices and the offences relating to the use of devices in or on a vehicle must be prescribed by regulation. The evidentiary provisions can include presumptions that have to be rebutted by the defendant. The power to make evidentiary provisions under this section does not derogate from any other power under the Act to prescribe evidentiary provisions.

Debate adjourned on motion of Hon. L.A. Curran.

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