Certificate evidence
257 Certificate evidence
A statement in a certificate purporting to have been issued by an Australian Authority, an Australian authorised officer or an Australian police officer that, at a specified time or during a specified period, any of the matters referred to in the Table is or was, or is or was not, the case is admissible in any proceedings and is prima facie evidence of the matters stated.
Table
Item
Matter that may be certified
1
A specified vehicle or combination was or was not a heavy vehicle or heavy combination.
2
A specified vehicle or combination was or was not of a particular class of heavy vehicle or heavy combination.
3
A specified person was or was not the registered operator of a heavy vehicle.
4 (Repealed)
5
A specified location was or was not, or was or was not part of, a road.
6
Without limiting item 5, a specified area was the subject of a declaration referred to in section 18 or was not the subject of a declaration under section 19, or both.
7
A specified location was or was not subject to a specified prohibition, restriction or other requirement regarding the operation or use of vehicles or specified classes of vehicles (including, for example, a temporary restriction on load limits during wet weather).
8
A specified vehicle was or was not registered in Australia.
9
A specified vehicle was or was not insured to cover third party personal injury or death either generally or during a specified period or in a specified situation or specified circumstances.
10 (Repealed)
11
A specified person was or was not the holder of a relevant Australian driver licence that was of a specified class, or that was subject to specified conditions.
12
A specified person is or was disqualified from holding a relevant Australian driver licence or other authority to drive a motor vehicle and the circumstances of any such disqualification.
13
A specified person has incurred specified demerit points.
14
A specified person was or was not the holder of a relevant Australian driver licence that was of a specified class, or that was subject to specified conditions, and that authorised the person to drive a vehicle or combination or a vehicle or combination of a specified class.
15
A specified person was or was not the holder of a relevant Australian driver licence that authorised the person to drive a vehicle or combination of a specified class either generally or at a specified time or during a specified period or on a specified route or in a specified area or subject to specified conditions.
16
A specified person was or was not the holder of a relevant Australian driver licence that included a specified boat driving licence held by the person.
17
A specified penalty, fee or charge was or was not, or is or is not, payable under the road transport legislation by a specified person.
18
A specified penalty notice under the road transport legislation was served on a specified person in a specified way on a specified date.
19
A specified penalty notice under the road transport legislation was served in relation to a specified vehicle or combination.
20
A specified penalty notice under the road transport legislation has or has not been withdrawn or amended.
21
A specified penalty notice under the road transport legislation has been amended in a specified way on a specified date.
22 (Repealed)
23
A specified person had or had not notified an Australian Authority—
of any change of address or of a specified change of address, or
that the person suffered from any prescribed medical condition or from any specified prescribed medical condition.
24
A specified person, vehicle or combination was or was not subject to a specified registration, licence, permit, authorisation, approval, exemption or notice under the road transport legislation.
25
A specified registration, licence, permit, authorisation, approval, exemption or notice was or was not varied, suspended, cancelled or revoked under the road transport legislation.
26 (Repealed)
27
A specified document was or was not lodged, or a specified fee was or was not paid, by a specified person.
28
A specified person was or was not an authorised officer under the road transport legislation.
29
A specified identification card was an identification card issued or designated by an Australian Authority and was or was not current.
30
A specified authorised officer was authorised to exercise a specified power, and—
was not restricted by an Australian Authority in the exercise of the power, or
was not restricted in a specified way in the exercise of the power.
31
A specified person or body was an Australian Authority.
32–35 (Repealed)
36
A specified vehicle or combination (or specified component of a specified vehicle or combination) was weighed by or in the presence of a specified authorised officer on a specified weighbridge or weighing facility or by the use of a specified weighing device and that a specified mass was the mass of the vehicle or combination (or component).
37
Any matter in connection with—
the previous operation of the road transport legislation or an Australian applicable road law (within the meaning of the Road Transport (General) Act 2005) that could have been included in a certificate for the purposes of section 230 of that Act before the repeal of that section, or
the previous operation of an Australian applicable road law (within the meaning of the Road Transport (Vehicle and Driver Management) Act 2005) that could have been included in a certificate for the purposes of this section before the repeal of that Act.
Without limiting subsection (1), a statement in a certificate purporting to have been issued by an Australian Authority, an Australian authorised officer or an Australian police officer as to any matter that appears in or can be calculated from records kept or accessed by the Australian Authority or officer is admissible in any proceedings and is prima facie evidence of the matters stated.
Subsection (2) extends to any matter that appears in a towing authorisation within the meaning of the Tow Truck Industry Act 1998.
This Act’s bill:Explanatory memorandumSecond reading speech
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