Police Powers and Responsibilities Act 2000

In a proceeding, a certificate signed by the commissioner and stating any of the following is evidence of what it states—

that stated steps were taken during the seizure of a vehicle under section 123C;

that a seizure notice was given or published under section 123F in a stated way on a stated day;

that a release application made under section 123G was considered in a stated way and notice of the decision was given in a stated way on a stated day;

that an application for internal review made under section 123K was considered in a stated way and notice of the decision was given in a stated way on a stated day;

that a vehicle was forfeited to the State under section 123P at the time of a stated forfeiture event;

that a vehicle forfeited to the State was disposed of under section 123Q in a stated way on a stated day.

If, in a criminal proceeding, the prosecuting authority intends to rely on the certificate, it must, at least 20 business days before the hearing day, give a copy of the certificate to the defendant or the defendant’s lawyer.

If the defendant intends to challenge a matter stated in the certificate, the defendant must, at least 15 business days before the hearing day, give the prosecuting authority notice, in the approved form, of the matter to be challenged.

If the defendant acts under subsection (3), the certificate stops being evidence of the matter to be challenged.

Subsection (4B) applies if—

a person makes a release application for a seized vehicle on the ground mentioned in section 123FA(c); and

the vehicle is released under section 123H; and

a proceeding for an offence involving the vehicle is started against the applicant or another person, or the applicant or another person is served with an infringement notice for an infringement notice offence involving the vehicle.

The release of the vehicle under section 123H is not evidence in the proceeding mentioned in subsection (4A)(c) that the vehicle was, or was not, a prohibited bike at the time of the alleged offence.

In this section—hearing day means the day the hearing of the criminal proceeding starts.prosecuting authority means the entity responsible for prosecuting the criminal proceeding.