Part 5.6Part 5.6 Evidential provisions
This Part applies to proceedings for an offence under the road transport legislation.
(cf model provisions, s 163, former Act, s 46)
(1) 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:(a) a specified vehicle or combination was or was not a heavy vehicle or heavy combination, or(b) a specified vehicle or combination was or was not of a particular class of heavy vehicle or heavy combination, or(c) a specified person was or was not the registered operator of a heavy vehicle, or(d) a specified person was or was not a member of or participant in an approved road transport compliance scheme, or(e) a specified location was or was not, or was or was not part of, a road or road-related area, or(f) without limiting paragraph (e), a specified area was the subject of a declaration referred to in section 15 (Power to include or exclude areas in road transport legislation) or was not the subject of a declaration under section 16 (Power to exclude vehicles, persons or animals from road transport legislation), or both, or(g) 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), or(h) a specified vehicle was or was not registered under an Australian applicable road law, or(i) 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, or(j) any specified specifications, capabilities or legal entitlements or other information relating to a specified vehicle or combination (or a specified component of a specified vehicle or combination) were or were not recorded in an Australian Authority’s records (including a register kept by the Australian Authority), or were or were not displayed on the vehicle or combination in accordance with an Australian applicable road law, or(k) (Repealed)(l) a specified person was or was not the holder of a driver licence that was of a specified class, or that was subject to specified conditions, or(m) a specified person is or was disqualified from holding a driver licence or an Australian driver licence or other authority to drive a motor vehicle and the circumstances of any such disqualification, or(n) a specified person has incurred specified demerit points, or(o) a specified person was or was not the holder of a 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, or(p) a specified person was or was not the holder of a 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, or(q) a specified person was or was not the holder of a permit under an Australian applicable road law to drive or operate a specified vehicle or combination or a vehicle or combination of a specified class either generally or subject to specified conditions, or(r) a specified penalty, fee or charge was or was not, or is or is not, payable under the road transport legislation or an Australian applicable road law by a specified person, or(s) a specified penalty notice under the road transport legislation or a specified infringement notice under an Australian applicable road law was served on a specified person in a specified way on a specified date, or(t) a specified penalty notice under the road transport legislation or a specified infringement notice under an Australian applicable road law was served in relation to a specified vehicle or combination, or(u) a specified penalty notice under the road transport legislation or a specified infringement notice under an Australian applicable road law has or has not been withdrawn or amended, or(v) a specified penalty notice under the road transport legislation or a specified infringement notice under an Australian applicable road law has been amended in a specified way on a specified date, or(w) a specified person has or has not paid an infringement penalty under an Australian applicable road law, or(x) a specified person had or had not notified the Australian Authority:(i) of any change of address or of a specified change of address, or(ii) that the person suffered from any prescribed medical condition or from any specified prescribed medical condition, or(y) 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 or an Australian applicable road law, or(z) a specified registration, licence, permit, authorisation, approval, exemption or notice was or was not varied, suspended, cancelled or revoked under the road transport legislation or an Australian applicable road law, or(aa) a specified person, vehicle or combination had or did not have specified legal entitlements, or(ab) a specified document was or was not lodged, or a specified fee was or was not paid, by a specified person, or(ac) a specified person was or was not an authorised officer under the road transport legislation or an Australian applicable road law, or(ad) a specified identification card was an identification card issued or designated by the Australian Authority and was or was not current, or(ae) a specified authorised officer was authorised to exercise a specified power, and:(i) was not restricted by an Australian Authority in the exercise of the power, or(ii) was not restricted in a specified way in the exercise of the power, or(af) a specified person or body was an Australian Authority, or(ag) a specified person was an approved officer under Division 2 of Part 3.5, or(ah) specified terms and conditions were the terms and conditions on which a specified person was an approved officer under Division 2 of Part 3.5, or(ai) a specified road, or a specified part of the road, was a declared route within the meaning of Part 3.6, or(aj) a specified area was a declared zone within the meaning of Part 3.6, or(ak) 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),is admissible in any proceedings and is prima facie evidence of the matters stated.(2) 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.(3) Subsection (2) extends to any matter that appears in a towing authorisation within the meaning of the Tow Truck Industry Act 1998.
231 Proof of appointments and signatures unnecessary
(cf model provisions, s 168)
(1) For the purposes of this Act, it is not necessary to prove the appointment of an office holder.(2) For the purposes of this Act, a signature purporting to be the signature of an office holder is evidence of the signature it purports to be.(3) In this section:office holder means:
(a) the Chief Executive of the Authority, or(b) the chief executive of any other Australian Authority, or(c) the Commissioner of Police, or(d) the head of the police force or police service of any other jurisdiction, or(e) an authorised officer (other than a police officer), or(f) any other Australian authorised officer, or(g) a police officer, or(h) any other Australian police officer.
(cf model provisions, s 161)
(1) If, in proceedings for an offence, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:(a) that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority, and(b) that the director, employee or agent had the relevant state of mind.(2) For the purposes of a prosecution for an offence, conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority is taken to have been engaged in also by the body corporate, unless the body corporate establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.(3) If, in proceedings for an offence, it is necessary to establish the state of mind of a person other than a body corporate (the employer) in relation to particular conduct, it is sufficient to show:(a) that the conduct was engaged in by an employee or agent of the employer within the scope of his or her actual or apparent authority, and(b) that the employee or agent had the relevant state of mind.(4) For the purposes of a prosecution for an offence, conduct engaged in on behalf of a person other than a body corporate (the employer) by an employee or agent of the employer within the scope of his or her actual or apparent authority is taken to have been engaged in also by the employer, unless the employer establishes that the employer took reasonable precautions and exercised due diligence to avoid the conduct.(5) In this section:director of a body corporate includes a constituent member of a body corporate incorporated for a public purpose by a law of any jurisdiction.
state of mind of a person includes:
(a) the knowledge, intention, opinion, belief or purpose of the person, and(b) the person’s reasons for the intention, opinion, belief or purpose.
(cf model provisions, s 162)
(1) In proceedings for an offence, a statement or allegation in a complaint or charge made by the person bringing the proceedings that, at a specified time or during a specified period:(a) a specified vehicle or combination was a heavy vehicle or heavy combination, or(b) a specified vehicle or combination was of a particular class of heavy vehicle or heavy combination, or(c) a specified person was the registered operator of a heavy vehicle, or(d) a specified person was a member of or participant in an approved road transport compliance scheme, or(e) a specified location was, or was part of, a road, or(f) without limiting paragraph (e), a specified area was the subject of a declaration referred to in section 15 or was not the subject of a declaration under section 16, or both, or(g) a specified location was 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),is prima facie evidence of that matter.(2) In a prosecution for an offence, a statement or allegation in a court attendance notice made by the person bringing the proceedings that the offence was committed in a specified place, at a specified time, on a specified date or during a specified period is prima facie evidence of that matter.
234 Evidence regarding measuring and weighing
(cf Roads Act, s 248 (3))
A statement in a certificate issued by a trade measurement inspector within the meaning of the National Measurement Act 1960 of the Commonwealth, or by the holder of a servicing licence within the meaning of that Act, that on a date specified in the certificate a specified measuring device was tested and was found to measure accurately (or accurately within specified tolerances):(a) is admissible in any legal proceedings, and(b) is evidence of the fact that the device measured accurately (or accurately within those tolerances) at all times within the period of 12 months after that date.
235 Evidence regarding weighing
(cf model provisions, s 165)
Evidence of a record made by:(a) the operator of a weighbridge or weighing facility, or(b) an employee of the operator of the weighbridge or weighing facility,of the mass of a vehicle or combination (or component of a vehicle or combination) weighed at the weighbridge or facility is admissible in any proceedings and is prima facie evidence of the mass of the vehicle or combination (or component) at the time it was weighed.
236 Evidence regarding manufacturer’s ratings
(cf model provisions, s 166)
(1) Evidence of a written statement purporting to be made by the manufacturer of a vehicle or component of a vehicle regarding the mass rating of the vehicle or component determined by the manufacturer is admissible in any proceedings and is prima facie evidence:(a) of the mass rating, and(b) of any conditions to which the rating is subject included in the statement, and(c) that the statement was made by the manufacturer of the vehicle or component.(2) Evidence of a written statement purporting to be made by the manufacturer of load restraint equipment designed for use on a vehicle or combination (or a component of a vehicle or combination) regarding the strength or performance rating of the equipment determined by the manufacturer is admissible in any proceedings and is prima facie evidence:(a) of the strength or performance rating, and(b) that the equipment was designed for that use, and(c) of any conditions to which the rating is subject included in the statement, and(d) that the statement was made by the manufacturer of the equipment.
237 Evidence not affected by nature of vehicle or combination
(cf model provisions, s 167)
Evidence obtained in relation to a vehicle or combination in consequence of the exercise of powers under this Act is not affected merely because the vehicle or combination is not a heavy vehicle or heavy combination.
238 Transport documentation and journey documentation
(cf model provisions, s 169)
(1) Transport documentation or journey documentation is admissible in any proceedings under or for the purposes of an applicable road law within the meaning of Part 4.2 and is prima facie evidence of:(a) the identity and status of the parties to the transaction to which it relates, and(b) the destination or intended destination of the load to which it relates.(2) The reference in subsection (1) to the status of the parties includes a reference to their status as responsible persons (within the meaning of Chapter 3) in relation to the transaction.