Evidence and procedure
105 Evidence and procedure
For this part—
it is not necessary to prove the appointment of an official; and
a signature purporting to be the signature of an official is evidence of the signature it purports to be; and
a certificate stating any of the following matters is evidence of the matter—
a stated place was or was not a toll road or part of a toll road;
a stated place was or was not a toll plaza or part of a toll plaza;
a stated person was or was not recorded as the registered operator of a stated vehicle;
a stated vehicle was or was not a designated vehicle of a stated type;
a stated vehicle passed through a toll plaza for a toll road at a stated time;
a toll plaza or part of the toll plaza for a toll road was or was not designated by a stated sign at a stated time and place;
a stated person was or was not a toll road operator;
a notice under section 99 was given to the registered operator of a stated vehicle;
a notice under section 100 was given to the information holder;
a notice under section 101 was given to the person identified as the driver;
the toll payable for a vehicle’s use of a toll road has not been paid;
an administration charge payable under a notice given under section 99 or 101 has not been paid;
a user administration charge for a toll has not been paid;
information under section 99(3)(b) or 101(3)(b) was or was not received by a statutory declaration or use of the online nomination facility;
a statutory declaration under section 100(3) or 102 was or was not received;
a recording is a recording of a type mentioned in subsection (3) made at a stated time and place.
A certificate—
may relate to a stated time or period of time; and
if it is issued for a particular period, has the effect mentioned in subsection (1)(c) for the entire period.
A recording by a photographic, mechanical, electronic or other device for the purpose of administering this part, including for the operation of a toll road under this part, is evidence—
that the recording was made; and
of the accuracy of the recording; and
of the matters stated in the recording.
Evidence that a written notice given under section 99(1) was in the approved form is not required unless there is evidence to the contrary.
For this section—
certificate means a certificate purporting to be signed by an official.
official means—
the chief executive, or a suitably qualified officer or employee of the department acting under the authority of the chief executive; or
the chief executive officer, however named, of a toll road operator, or a suitably qualified employee of either the toll road operator or another person acting under the authority of the chief executive officer.
This Act’s bill:Explanatory memorandum
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