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QLD Police - above the law

There is no doubt about it, QLD police are coming down hard on speeding drivers and those caught talking on their mobile phone. So we thought we'd contribute and help them catch some more "criminals".
QLD Police Talking On Mobile Phone
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A member of Cruising Brisbane forum managed to take this shot on his mobile phone. Both cars were moving at the time.

Since we already know the Police officer won't get a fine (as there is a clause in the legislation that allows police officers to use mobile phones in order to avoid sensitive information traveling the airways), it begs the question, since the photographer was using his mobile phone to take this photo, will he get a fine?