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ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 72

Certificate evidence and other evidentiary provisions

    (1)     A certificate that appears to be signed by or on behalf of the road transport authority or the MAI commissioner, and states any of the following matters, is evidence of:

        (a)     a matter that appears in or can be worked out from the demerit points register or driver licence register kept under the Road Transport (Driver Licensing) Act 1999

;

        (b)     a matter that appears in or can be worked out from (or does not appear in or cannot be worked out from) the registrable vehicles register kept under the Road Transport (Vehicle Registration) Act 1999

;

        (c)     a matter that appears in, or can be worked out from a person's interlock data record under the Road Transport (Driver Licensing) Regulation 2000

;

        (d)     whether a stated vehicle was or was not the nominated vehicle for a stated person under the Road Transport (Driver Licensing) Regulation 2000

, section 73X (Nomination of vehicle);

        (e)     whether a stated nominated vehicle for a stated person under the Road Transport (Driver Licensing) Regulation 2000

, section 73X (Nomination of vehicle) had or did not have a fitted interlock;

        (f)     whether a stated person had or did not have an interlock exemption with or without conditions, under the Road Transport (Driver Licensing) Regulation 2000

, division 3A.3 (Interlock exemptions);

        (g)     a matter that appears in, or can be worked out from, the MAI insurance licence register kept under the Motor Accident Injuries Act 2019

;

        (h)     a matter that appears in or can be worked out from any other record kept by the authority under the road transport legislation.

Note     MAI commissioner —see the Motor Accident Injuries Act 2019

, dictionary.

    (2)     A certificate that appears to be signed by or on behalf of an approved interlock installer or an approved interlock service provider under the Road Transport (Driver Licensing) Regulation 2000

and states that a matter that appears in, or can be worked out from, a person's interlock data record under that regulation is evidence of the matter.

    (3)     A certificate mentioned in subsection (1) or (2) may state a matter by reference to a date or period.

    (4)     A certificate that appears to be signed by or on behalf of the road transport authority or the MAI commissioner, and states any matter prescribed by regulation for this section, is evidence of the matter.

    (5)     A court may admit as evidence a document issued under the law of another jurisdiction, an external territory or foreign country that relates to—

        (a)     whether a person has or does not have an Australian driver licence or external driver licence, the extent of the authority given by such a licence and any conditions of such a licence; or

        (b)     whether a person is or was disqualified from holding or obtaining an Australian driver licence or external driver licence and the circumstances of any such disqualification; or

        (c)     any offence against a law of that other jurisdiction corresponding to the road transport legislation (or a provision of it), or against another law of that jurisdiction in relation to the use of a motor vehicle or driver licensing, of which a person has been convicted or found guilty, or for which an infringement notice has been served on a person, including any penalty imposed or other order made in relation to the offence and any disqualification from holding or obtaining an Australian driver licence applying to the person because of the offence; or

        (d)     demerit points incurred by a person; or

        (e)     anything else prescribed by regulation.

    (6)     A court may admit as evidence a document that is issued under a law of another jurisdiction corresponding to this section and that relates to—

        (a)     the registration or non-registration of a registrable vehicle; or

        (b)     a person recorded on a register of registrable vehicles, kept under the law of that jurisdiction that corresponds to the Road Transport (Vehicle Registration) Act 1999

, as a registered operator of a registrable vehicle; or

        (c)     the GCM, GVM, load capacity or identification of a motor vehicle; or

        (d)     anything else about the use of registrable vehicles or light rail vehicles on roads or road related areas.

    (7)     A court must accept a certificate or other document mentioned in this section as proof of the matters stated in it if there is no evidence to the contrary.

    (8)     A court may or must admit into evidence other documents prescribed by regulation in the circumstances prescribed by regulation.

    (9)     In a proceeding in a court, proof that a registrable vehicle does not have a numberplate on it issued under the Road Transport (Vehicle Registration) Act 1999

is evidence that the vehicle is not registered if there is no evidence to the contrary.

    (10)     In this section:

"GCM"—see the Road Transport (Vehicle Registration) Act 1999

, dictionary.

"GVM"—see the Road Transport (Vehicle Registration) Act 1999

, dictionary.

"infringement notice "means a notice (however described) served on a person under the law of another jurisdiction that gives the person the option of paying an amount for an offence instead of being charged with the offence.



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