Road Traffic (Administration) Act 2008

In a prosecution for an offence under a road law an averment in the prosecution notice as to any of the following matters is to be taken to be proved in the absence of proof to the contrary —

that on a specified date a person was or was not an owner of, or a responsible person for, a vehicle or became an owner of, or a responsible person for, a vehicle;

that on a specified date a person was or was not the holder of a driver’s licence, learner’s permit or vehicle licence (either generally or in respect of a particular vehicle);

that on a specified date a specified driver’s licence, learner’s permit or vehicle licence was or was not granted, renewed, varied, suspended, cancelled or surrendered under a road law;

that on a specified date a person was disqualified from holding or obtaining a driver’s licence for a specified period;

that on a specified date a vehicle was driven or used on a road or any place to which the public is permitted, whether on payment of a fee or otherwise, to have access;

that the alleged offender was, at the time of the alleged offence, a person to whom the Road Traffic Act 1974 section 62B(4) or 64A(1) applied;

that the vehicle to which the alleged offence relates was, at the time of the alleged offence, a motor vehicle referred to in the Road Traffic Act 1974 section 62B(5);

that the vehicle to which the alleged offence relates was, at the time of the alleged offence, a motor vehicle to which the Road Traffic Act 1974 section 64A(4) applied;

that the vehicle to which the alleged offence relates was, at the time of the alleged offence, required under a written law to be fitted with a seatbelt in order for a vehicle licence to be granted in respect of the vehicle;

that the person by whom the prosecution was commenced is authorised to commence the prosecution;

that an offence was committed within a local government district or any part of the State specified in the prosecution notice;

that an offence was committed at a time, on a date or during a period specified in the prosecution notice;

that on a specified date a vehicle was a heavy vehicle or a light vehicle or of a particular class of heavy or light vehicle;

that a specified exemption granted under a road law did or did not apply to a specified person or a specified vehicle at a specified time;

that a mass or dimension requirement modified under the Road Traffic (Vehicles) Act 2012 Part 4 Division 2 Subdivision 2 in a specified manner did or did not apply to a specified person or a specified vehicle at a specified time;

that an access approval given under the Road Traffic (Vehicles) Act 2012 section 40 did or did not apply to a specified person or a specified vehicle at a specified time;

that a specified requirement imposed under a road law did or did not apply to a specified person or a specified vehicle at a specified time;

that at a specified time a specified vehicle, with or without a load, or a specified part of a specified vehicle, with or without a load, was weighed on a specified weighbridge or by the use of a specified weighing device and that a specified mass was the mass of the vehicle or part;

that on a specified date a specified road was closed for a specified period or subject to a specified condition;

that on a specified date, specified premises were an inspection station;

that a specified person had or had not notified the CEO of a change of address;

that a specified document was or was not lodged, or a specified fee was or was not paid, by a specified person.

If, in a prosecution notice for an offence under a road law, the name of the accused is that given by the alleged offender at the time of, or immediately following, the occurrence giving rise to the charge, there is a presumption, rebuttable by evidence to the contrary, that the accused is the alleged offender.

In the absence of evidence to the contrary, proof is not required in any proceedings for an offence under a road law —

that the prosecutor is authorised to commence the prosecution; or

that the prosecutor has any approval that is required under section 105(3A); or

that a signature on the prosecution notice alleging the offence is the signature of a person authorised to commence the prosecution.