Australian Capital Territory Current Acts

HEAVY VEHICLE NATIONAL LAW (ACT) - SECT 715

    (1)     A defendant in a proceeding for an offence against this Law who intends to challenge a matter stated in a certificate mentioned in section 711, 712, 713 or 714 (1) must give the complainant notice of the intention to challenge.

    (2)     The notice must be—

        (a)     signed by the defendant; and

        (b)     given at least 14 days before the day fixed for the hearing of the charge.

    (3)     If the matter intended to be challenged is the accuracy of a measurement, an analysis or a reading from a device, the notice must state—

        (a)     the basis on which the defendant intends to challenge the accuracy of the measurement, analysis or reading; and

        (b)     the measurement, analysis or reading the defendant considers to be the correct measurement, analysis or reading.

    (4)     A defendant in a proceeding for an offence against this Law can not challenge a matter stated in a certificate mentioned in section 711, 712, 713 or 714 (1) unless—

        (a)     the defendant has complied with this section; or

        (b)     the court gives leave to the defendant to challenge the matter, in the interests of justice.

    (5)     This section applies only if the defendant is given a copy of the certificate at least 28 days before the appointed date for the hearing of the charge.