Records and evidentiary matters
172 Records and evidentiary matters
TfNSW must keep records of the grant, refusal, variation, suspension and cancellation of accreditations, authorities, authorisations and licences under this Act (other than air transport service accreditations and air route licences).
TfNSW must keep records of the making, variation, suspension and cancellation of passenger service contracts and of the grant, refusal, variation, suspension and cancellation of accreditations to operate air transport services and air route licences.
A certificate purporting to be signed by a person approved by TfNSW for the purposes of this section (the approved person) and certifying that—
on a date specified in the certificate, or
during any period so specified,
the particulars set out in the certificate as to any matter required to be recorded under this section did or did not appear on or from the records is, for the purposes of any legal proceedings, prima facie evidence of what it certifies.
The certificate is admissible in any proceedings—
without proof of the authenticity of the approved person’s signature, and
without production of any record or document on which the certificate is founded.
In any legal proceedings under this Act, proof is not required (until evidence is given to the contrary) of the following—
the fact that a vehicle is subject to a provision of this Act or the regulations in question,
the fact that the defendant is, or at any relevant time was, the driver of any vehicle in question,
the fact that the defendant is, or at any relevant time was, the owner or agent of the owner of any vehicle in question,
the fact that, at any relevant time, any vehicle was used for commercial purposes.
This provision refers to the regulations (the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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