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HEAVY VEHICLE NATIONAL LAW (ACT) - SECT 711

Evidence by certificate by Regulator generally

    (1)     A certificate purporting to be issued by the Regulator and stating that, at a stated time or during a stated period—

        (e)     a stated person held or did not hold a heavy vehicle accreditation granted under this Law; or

        (f)     a stated exemption or authorisation under this Law applied or did not apply to a stated person or a stated heavy vehicle; or

        (g)     a stated person is the holder of a stated permit or other authority under this Law; or

        (h)     a stated heavy vehicle accreditation, exemption, authorisation, permit or other authority under this Law was or was not amended, suspended or cancelled under this Law; or

              (i)     a stated penalty, fee, charge or other amount was or was not, or is or is not, payable under this Law by a stated person; or

        (j)     a stated fee, charge or other amount payable under this Law was or was not paid to the Regulator; or

        (k)     a stated person has or has not notified the Regulator of any, or a stated, change of the person's address; or

        (l)     a stated identification card (however called) was issued by the Regulator to a stated person and was or was not current; or

        (m)     a stated authorised officer (other than an authorised officer who is a police officer) was authorised to exercise a stated power under this Law and—

              (i)     was not restricted in the exercise of the power by the officer's conditions of appointment or a direction of the Regulator; or

              (ii)     was not restricted in a stated way in the exercise of the power by the officer's conditions of appointment or a direction of the Regulator; or

        (n)     a stated industry code of practice was or was not registered under section 706; or

        (o)     a stated road or road-related area, or a stated part of a road or road-related area, was in an area or on a route declared under a stated provision of this Law or the national regulations; or

        (p)     a stated heavy vehicle, or a stated component of a stated heavy vehicle, was weighed by or in the presence of a stated authorised officer on a stated weighbridge or weighing facility or by the use of a stated weighing device, and that a stated mass was the mass of the vehicle or component; or

        (q)     a stated mathematical or statistical procedure was carried out in relation to stated information generated, recorded, stored, displayed, analysed, transmitted or reported by an approved intelligent transport system and the results of the procedure being carried out;

        (r)     a stated thing was the property of the Regulator; or

        (s)     a stated sign was or was not an official traffic sign, contained stated words or was on a stated place; or

        (t)     a stated vehicle was or was not inspected under this Law; or

        (u)     a stated vehicle was or was not inspected in compliance with a stated requirement made by an authorised officer; or

              (v)     an inspection of a stated vehicle under this Law gave stated results; or

        (w)     a stated application, or another stated document required to be lodged under this Law, was or was not received by the Regulator; or

              (x)     a stated report or stated information required to be given to the Regulator under this Law was received or was not received by the Regulator; or

        (y)     no report or information of a stated type, required to be given to the Regulator under this Law, was received by the Regulator; or

        (z)     a stated vehicle was or was not of a stated type, or was carrying stated goods; or

        (za)     a stated copy of a document was a copy of a document issued, or required to be kept, under the Law; or

        (zb)     a stated document was a manufacturer's specification for a stated type of vehicle; or

        (zc)     a stated vehicle's GCM or GVM was a stated amount, and how the amount was identified;

is evidence of the matter.

    (2)     A procedure specified in a certificate under subsection (1)(q) is presumed, unless the contrary is proved—

        (a)     to be valid and reliable for the purpose for which it was used; and

        (b)     to have been carried out correctly.

    (3)     A certificate mentioned in the Road Transport (General) Act 1999

, section 56 signed by or on behalf of the Regulator as administering authority that states a matter is evidence of the matter.



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