Certificate evidence
110 Certificate evidence
For the purposes of a prosecution for an offence under a road law or verifying the accuracy of information provided to corresponding authority under section 13(1) or to another Australian driver licensing authority under section 14(2), the CEO or a person authorised by the CEO may issue a certificate stating that a fact specified in the certificate appears in or is derived from the driver’s licence register or another record kept by the CEO or the Commissioner for Main Roads under a road law.
In subsection (1) —
road law includes the Towing Services Act 2024 and the Transport (Road Passenger Services) Act 2018.
A certificate purporting to be issued under subsection (1) or under a law in force in another jurisdiction that corresponds to that subsection is evidence of any fact stated in the certificate.
For the purposes of a prosecution for an offence under any written law the CEO or any person authorised by the CEO for that purpose may issue a certificate which states —
that on a specified date or during a specified period —
a vehicle was registered; or
a vehicle was not registered,
under a road law in the name of any person specified in the certificate; or
that as at a specified date or during a specified period a specified person in the certificate was —
registered as the holder of a vehicle licence in respect of a specified vehicle; or
nominated under section 5(2) as the owner of a specified vehicle.
In a prosecution for an offence under any written law —
a certificate issued or purporting to be issued under subsection (3) is evidence of the facts stated in the certificate; and
a certificate or other document issued or purporting to be issued under a law of a State or Territory of the Commonwealth which states that on a specified date or during a specified period —
a vehicle was registered in the name of a specified person; or
a vehicle was not registered in the State or Territory in respect of which the certificate or other document is issued,
is evidence of the facts stated in the certificate or other document.
In a prosecution for an offence under any written law a certificate purporting to have been issued by the CEO or a corresponding authority or an Australian police officer as to any matter that appears in or can be surmised or calculated from records kept or accessed by the CEO, corresponding authority or officer is evidence of the matters stated in the certificate.
[Section 110 amended: No. 26 of 2018 s. 317; No. 37 of 2024 s. 172.]
This Act’s bill:Explanatory memorandumSecond reading speech
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